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Archive for the ‘Practice Before IRS’ Category


Trust and Estate Attorney Orlando
Published: August 29th, 2013

By: Matthew J. Ahearn

Today, the United States Treasury Department and the Internal Revenue Service issued a very significant and consequential ruling, Revenue Ruling 2013-17, addressing tax issues arising from the recent U.S. Supreme Court decision of U.S. v. Windsor, 133 S. Ct. 2675, issued on June 26, 2013. For federal tax purposes, the IRS will now recognize all same-sex […]

Redstone v. Commissioner – Extreme Statute of Limitations Case

Published: May 17th, 2013

By: Dana M. Apfelbaum

Generally, Section 6501(a) of the Internal Revenue Code provides that the IRS may only make an assessment of tax within 3 years of the filing of a return.  Where no return is filed, however, the IRS is not constrained by the 3 year limitations period and can assess a tax at any time.  The IRS […]

Portability Election Deadline Extended

Published: February 20th, 2012

On February 17, 2012, the IRS issued Notice 2012-21, which allows certain estates of married individuals who died during the first six months of 2011 to extend the time to make the portability election. Code section 2010(c) was amended in 2010 to allow the estate of a decedent who dies after 2010 and who is […]

New Offshore Voluntary Disclosure Program for 2012

Published: January 10th, 2012

By: Brad Gould

Yesterday, the IRS started the Offshore Voluntary Disclosure Program (2012 OVDP), which is a modified continuation of the 2011 Offshore Voluntary Disclosure Initiative (2011 OVDI).  The IRS will also release a new FAQ and provide additional details of 2012 OVDP on its website in the coming months. 2012 OVDP comes on the heels of last […]

Form 8939 and Instructions

Trust and Estate Attorney Orlando
Published: October 7th, 2011

By: Matthew J. Ahearn

This is quick alert for our readers.  Yesterday, the IRS posted Form 8939, Allocation of Basis Increase for Property Acquired from a Decedent, and today, the IRS posted the instructions to the Form 8939.  The Form 8939 has been substantially revised since the last release, and this is the first set of instructions issued by […]

AICPA’s Comments on Notice 2011-66

Trust and Estate Attorney Orlando
Published: September 14th, 2011

By: Matthew J. Ahearn

On September 7, the AICPA Carryover Basis Task Force sent comments to the IRS on Notice 2011-66 making suggestions and requesting additional guidance on several issues, some of which are summarized below. They suggest a “policy of restraint” in auditing taxpayers having carryover basis issues for tax years after 3 years from the filing of the […]

Form 8939 Filing Deadline Extended

Trust and Estate Attorney Orlando
Published: September 13th, 2011

By: Matthew J. Ahearn

Today, pursuant to Notice 2011-76 (the “Notice”), the IRS extended the due date for filing the Form 8939 from November 15, 2011 to January 17, 2012.  This Notice is unexpected considering shortly ago on August 29, 2011 the IRS issued Notice 2011-66 extending the deadline for filing the Form 8939 to November  15, 2011.  Rev. Proc. 2011-41 was […]

Form 8939 Notice and Guidance Concerning Transfer Certificates and the Section 645 Election

Trust and Estate Attorney Orlando
Published: August 12th, 2011

By: Brian M. Malec Matthew J. Ahearn

By Matthew J. Ahearn and Brian M. Malec This is our final post concerning Notice 2011-66, in which we will address transfer certificates and the Code section 645 election.  Please check back here as we will delve into Rev. Proc. 2011-41 and the optional safe harbor guidance under Section 1022 in future posts. Transfer Certificates […]