Determining Future Income for an Offer in Compromise for a Business

We have previously looked at determining future income for purposes of an offer in compromise for the wage earner and self-employed individuals. We will now analyze future income for businesses. One of the twin pillars of an offer in compromise is determining the taxpayer’s future income. The IRS looks to future income to determine the…

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Intrafamily Business Loans are Not Real Loans Says the 7th Circuit

The 7th Circuit Court of Appeals recently affirmed the decision of the US Tax Court in VHC, Inc. v. Comm'r of Internal Revenue, 2020 WL 4529930, at *3 (7th Cir. Aug. 6, 2020), which held that business “loans” from a family business to a son of the family were not really loans and thus did…

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Best Lawyers 2021 Lawyers of the Year and Best Lawyers in America

Crowley Fleck PLLP is pleased to announce that Marcia Davenport, Peter F. Habein, Kevin P. Heaney, Steven J. Lehman,and Ian McIntosh have been recognized as Best Lawyers in America© 2021 Lawyers of the Year. Additionally, 33 of the firm's attorneys have been named by Best Lawyers© to their 2021 Best Lawyers in America© list. Recognition…

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Lessons Learned from Franchise Tax Board of California v. Hyatt: Can a Montana Taxpayer Sue the Montana Department of Revenue for an Abusive Tax Audit?

In a previous article, I discussed the case of Franchise Tax Board of California v. Hyatt, 136 S.Ct. 1277 (2016), wherein the United States Supreme Court upheld a jury trial decision against the Franchise Tax Board of California for an abusive tax audit. There are lessons that a taxpayer can learn from Hyatt in considering…

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Can a Taxpayer Sue a State Tax Agency for an Abusive Tax Audit?

Taxpayers being subjected to difficult audits by taxing authorities often like to wish they could respond and get back at the government and the auditor that has made life so very difficult. But other than asserting taxpayer’s rights in the audit, can the taxing authority be liable to the taxpayer for an abusive audit? The…

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