Federal
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December 01, 2025
Judge Dismisses Minn. County's 3,000-Acre Land Trust Suit
A federal judge has given a summary judgment win to the Interior Department in a challenge by a Minnesota county and townships over more than 3,000 acres taken into trust for the Mille Lacs Band of Ojibwe, determining that the agency's decision was not arbitrary, capricious or contrary to law.
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December 01, 2025
5th Circ. Ends DOL Appeals Over Biden-Era Fiduciary Regs
The Fifth Circuit shuttered two appeals from the U.S. Department of Labor that aimed to revive Biden-era regulations expanding the definition of a fiduciary under the Employee Retirement Income Security Act, after the agency told the appellate court it intended to drop the cases.
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December 01, 2025
Ex-United Pilots Ask Fed Circ. To Rethink Denying Tax Refund
Retired United Airlines pilots who said they overpaid payroll taxes asked the Federal Circuit to rethink its ruling that they can't get partial refunds, saying a three-judge panel avoided the pilots' constitutional challenge to the government's power to tax unrealized income.
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December 01, 2025
IRS Finalizes Lowering Estate Tax Closing Letter Fee To $56
The Internal Revenue Service finalized the $56 fee for taxpayers to request a letter that confirms the agency has received and finished examining an estate tax return, lowering the fee from $67, according to a final rule published on the Federal Register on Monday.
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December 01, 2025
Weekly Internal Revenue Bulletin
The Internal Revenue Service's weekly bulletin included the increased limit for contributions to various retirement accounts, as well as increases to the catch-up contribution limit.
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November 26, 2025
Self-Employment Tax Applies To Partners, IRS Tells 1st Circ.
An energy investment fund's limited partners are not exempt from self-employment tax, the IRS told the First Circuit on Wednesday, saying the partnership wrongly relied on state law to treat full-time partners as passive investors and exclude them from the levy.
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November 26, 2025
Split 6th Circ. Shields Baker Donelson, Not City Councilman
In a published opinion, the Sixth Circuit has found that Baker Donelson Bearman Caldwell & Berkowitz PC is shielded by qualified immunity as outside counsel for the city of Nashville in litigation over the law firm's firing of a city election commission chair and member of the firm.
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November 26, 2025
11th Circ. Urged To Restore Cut To $17M Easement Deduction
The Internal Revenue Service disregarded U.S. Supreme Court precedent in arguing that the U.S. Tax Court was right to slash a partnership's $17 million tax deduction for donating a conservation easement, the partnership told the Eleventh Circuit.
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November 26, 2025
Investor Says Pot Co.'s Old Defenses Can't Stop Fraud Suit
An investor suing the principals of cannabis company Devi Holdings Inc. over an undisclosed $13 million tax liability is urging a Florida federal court to deny a motion for summary judgment from Devi's CEO, saying it ignores undisputed facts and rehashes old arguments that were rejected at the dismissal stage.
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November 26, 2025
5 Takeaways From Eaton Trial On Acquisition Financing, Part 1
The first part of Eaton’s closely watched U.S. Tax Court trial over the company’s financing of a 2012 acquisition has wrapped up, and the judge's questions to witnesses during the first two and a half weeks reveal that he’s leaning the government’s way on at least one of the central questions in the case. Here, Law360 offers five takeaways from the trial held Nov. 3-19, then resuming Dec. 4.
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November 26, 2025
IRS To Ax Tax Preparer Regs Decade After DC Circ. Injunction
The Internal Revenue Service will withdraw long-dormant proposed regulations for independent tax return preparers, which the D.C. Circuit effectively halted the agency from finalizing in 2014, the IRS announced Wednesday.
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November 25, 2025
Texas Court Asks How Far IRS Deal With Churches Would Go
A Texas federal judge on Tuesday prodded multiple churches and Christian advocacy groups that are trying to use a proposed deal with the IRS to endorse political candidates, questioning whether churches that are not part of the deal would assert similar rights.
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November 25, 2025
Profit Shifting Signs Persist Despite Waning, OECD Says
Signs of profit shifting by multinational companies remain persistent despite some abatement over the past several years, the Organization for Economic Cooperation and Development said Tuesday.
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November 25, 2025
Tax Court Rejects $12.7M Easement Donation Deduction
A partnership is not entitled to a $12.7 million tax deduction for donating a conservation easement across rural land in Alabama, a U.S. Tax Court judge ruled Tuesday, saying the gift was worth only $1 million and that the claimed value was "egregious."
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November 25, 2025
Senate Panel Calls For Deep Cut To IRS Tech Budget
The Senate Appropriations Committee proposed reducing the Internal Revenue Service's budget to $11.8 billion for 2026, including a sizable cut to the agency's technology budget only partially offset by an increase in funding for taxpayer services, according to a report on the committee's financial services bill.
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November 25, 2025
IRS Seeks Comments On Scholarship Contribution Tax Credit
Public comments should be sent to the Internal Revenue Service ahead of guidance that will be issued on a new tax credit for contributions to scholarship organizations, the IRS said Tuesday.
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November 25, 2025
IRS Updates Corp. Bond Monthly Yield Curve For November
The Internal Revenue Service updated the corporate bond monthly yield curve used in calculations for defined benefit plans for November, as well as corresponding segment rates and the interest rate for 30-year U.S. Treasury Department securities.
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November 25, 2025
Goldstein Asks 4th Circ. To Undo Pretrial Rulings
SCOTUSblog co-founder Tom Goldstein is appealing a series of rulings from a Maryland federal judge denying his bid to toss five of the 22 federal tax charges he's slated to stand trial for next year.
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November 25, 2025
The Tax Angle: Taxpayer Advocate Update, Tax Prom 2025
From a look at changes underway at the Taxpayer Advocate Service to remarks by Senate Finance Committee Chairman Mike Crapo at the Tax Prom, the Tax Foundation's annual black tie event, here's a peek into a reporter's notebook on a few developing tax stories.
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November 25, 2025
IRS To Propose Regs On Repeal Of CFC Tax Year Deferral
The IRS intends to issue proposed regulations that address the repeal of a provision that allowed a controlled foreign corporation to begin its tax year one month earlier than its majority shareholder in the U.S., the agency said Tuesday.
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November 25, 2025
Senator Admits To Owing $5M In Delinquent Taxes
West Virginia Sen. Jim Justice and his wife have admitted they owe more than $5 million in back taxes, settling a government lawsuit that accused them of failing to pay off their bill for the last decade, according to federal court filings.
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November 24, 2025
Tax Court Upholds Nix Of $1.9M Deduction Post-Chevron
A Texas couple cannot claim a $1.9 million tax break for farming, the U.S. Tax Court affirmed Monday, saying a U.S. Supreme Court ruling overturning long-standing deference to federal agencies did not invalidate regulations at issue in the case.
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November 24, 2025
$34M Historic Easement Tax Break Wrongly Denied, Court Told
A partnership that donated an easement to protect historic school buildings in Cleveland challenged the IRS' denial of its $34 million charitable donation deduction in the U.S. Tax Court, saying the agency didn't explain why the donation didn't qualify for the tax break.
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November 24, 2025
IRS Ticket Tax Fails After Loper Bright, 6th Circ. Told
The Internal Revenue Service no longer has the discretion to apply a 7.5% ticket tax on membership fees collected by a private jet-sharing operator, the company told the Sixth Circuit, citing the U.S. Supreme Court's landmark decision in Loper Bright.
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November 24, 2025
IRS Updates Corp. Bond Monthly Yield Curve For October
The Internal Revenue Service updated Monday the corporate monthly yield curve used in calculations for defined benefit plans for October as well as corresponding segment rates and other related provisions.
Expert Analysis
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How Energy Cos. Can Prepare For Potential Tax Credit Cuts
The Senate Finance Committee's version of the One Big Beautiful Bill act would create a steep phaseout of renewable energy tax credits, which should prompt companies to take several actions, including conduct a project review to discern which could begin construction before the end of the year, say attorneys at Husch Blackwell.
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DOJ Has Deep Toolbox For Corporate Immigration Violations
With the U.S. Department of Justice now offering rewards to whistleblowers who report businesses that employ unauthorized workers, companies should understand the immigration enforcement landscape and how they can reduce their risk, say attorneys at McDermott.
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Trade In Limbo: The Legal Storm Reshaping Trump's Tariffs
In the final days of May, decisions in two significant court actions upended the tariff and trade landscape, so until the U.S. Supreme Court rules, businesses and supply chains should expect tariffs to remain in place, and for the Trump administration to continue pursuing and enforcing all available trade policies, say attorneys at Ice Miller.
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Del. Dispatch: General Partner Discretion In Valuing Incentives
In Walker v. FRP Investors, the Delaware Court of Chancery recently held that the general partner of a limited partnership breached its obligations when determining the threshold value of newly issued incentive units, highlighting the court's willingness to reconstruct what a reasonable determination of value by a general partner should have been, say attorneys at Fried Frank.
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Move Beyond Surface-Level Edits To Master Legal Writing
Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.
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9th Circ. Has Muddied Waters Of Article III Pleading Standard
District courts in the Ninth Circuit continue to apply a defunct and especially forgiving pleading standard to questions of Article III standing, and the circuit court itself has only perpetuated this confusion — making it an attractive forum for disputes that have no rightful place in federal court, say attorneys at Gibson Dunn.
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Steps For Universities To Pass Tax-Exempt Test Amid Scrutiny
After decades of a quiet governmental acceptance of tax-exempt status, universities are facing unprecedented and public pressure to defend themselves, and must consider how to protect this valuable status, say attorneys at Eversheds Sutherland.
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Tax Court Ruling Sets High Bar For Limited Partner Exception
The U.S. Tax Court’s recent decision in Soroban Capital Partners v. Commissioner endorsed the IRS’ use of functional analysis to determine whether the limited partner exception applied for taxation under the Self-Employed Contributions Act, highlighting the intense factual analysis that will occur during audits, says Erin Hines at Akerman.
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How AI May Reshape The Future Of Adjudication
As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.
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When Legal Advocacy Crosses The Line Into Incivility
As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.
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Attacks On Judicial Independence Tend To Manifest In 3 Ways
Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.
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Increased Tariffs Create Opportunity To Protect IP Rights
Heightened tariffs on certain foreign imports have created operational and fiscal challenges for companies, but the corresponding increase in customs inspections could offer a silver lining of more consistent enforcement against counterfeit and infringing goods, says Andraya Pulaski Brunau at Day Pitney.
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Dissecting House And Senate's Differing No-Tax-On-Tips Bills
Employers should understand how the House and Senate versions of no-tax-on-tips bills differ — including in the scope of related deductions and reporting requirements — to meet any new compliance obligations and communicate with their employees, say attorneys at Greenberg Traurig.