tax break

Loper Bright and What It Means for Tax with Rob Kovacev | tax break Episode 26

In this episode tax break, Miller & Chevalier Counsel Jaclyn Roeing interviews Rob Kovacev on the Supreme Court’s decision in Loper Bright Enterprises v. Raimondo, Case No. 22-451 (June 28, 2024). The opinion provided a resounding rejection of the Chevron doctrine and the deference previously afforded to agency regulations, and is expected to have wide-ranging effects. Rob provides insights on the Supreme Court opinion, considerations on how Treasury and IRS regulations may be reviewed moving forward, and other thoughts on how Loper Bright will impact the world of tax.

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Questions? Contact us at podcasts@milchev.com.

tax break is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.

tax break is a podcast about tax law, brought to you by Miller & Chevalier and hosted by Loren Ponds and Rob Kovacev. We'll provide you with perspective on select tax issues that will go deeper than what the tax press covers, but not so deep that you’ll have to pull out your regulations or read treatises to follow along. The aim of tax break is to focus only on the tax law issues that we find interesting. Subscribe to tax break wherever you get your podcasts.

Implications of the Proposed Digital Asset Reporting Regulations | tax break #25

This week on tax break, host Rob Kovacev and guest John Schoenecker, Government Relations and Regulatory Strategy Director of TaxBit, discuss the recently proposed regulations under IRC 6045, particularly concerning additional reporting requirements for digital asset transactions. 

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Questions? Contact us at podcasts@milchev.com.

tax break is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.

tax break is a podcast about tax law, brought to you by Miller & Chevalier and hosted by Loren Ponds and Rob Kovacev. We'll provide you with perspective on select tax issues that will go deeper than what the tax press covers, but not so deep that you’ll have to pull out your regulations or read treatises to follow along. The aim of tax break is to focus only on the tax law issues that we find interesting. Subscribe to tax break wherever you get your podcasts.

IRS ADR Procedures with George Hani | tax break #24

This week on tax break, host Rob Kovacev interviews fellow Miller & Chevalier Tax Member George Hani on the various procedures the IRS offers for resolving tax disputes short of litigation. The IRS offers alternative dispute resolution (ADR) procedures to taxpayers before, during, and even after the traditional IRS Appeals process. George provides insight into these procedures and how taxpayers can best utilize them to their advantage.

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Questions? Contact us at podcasts@milchev.com.

tax break is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.

tax break is a podcast about tax law, brought to you by Miller & Chevalier and hosted by Loren Ponds and Rob Kovacev. We'll provide you with perspective on select tax issues that will go deeper than what the tax press covers, but not so deep that you’ll have to pull out your regulations or read treatises to follow along. The aim of tax break is to focus only on the tax law issues that we find interesting. Subscribe to tax break wherever you get your podcasts.

The IRS Strategic Operating Plan – A Conversation with Larry Gibbs | tax break #23

This week on tax break, host Rob Kovacev is joined by former IRS Commissioner and Miller & Chevalier Senior Counsel Larry Gibbs to discuss the IRS's Strategic Operating Plan and where the IRS should devote its additional funding from the Inflation Reduction Act.

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Questions? Contact us at podcasts@milchev.com.

tax break is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.

tax break is a podcast about tax law, brought to you by Miller & Chevalier and hosted by Loren Ponds and Rob Kovacev. We'll provide you with perspective on select tax issues that will go deeper than what the tax press covers, but not so deep that you’ll have to pull out your regulations or read treatises to follow along. The aim of tax break is to focus only on the tax law issues that we find interesting. Subscribe to tax break wherever you get your podcasts.

Tax Enforcement Under State False Claims Acts | tax break #22

This week, host Rob Kovacev is joined by Miller & Chevalier colleagues Joe Rillotta and Ian Herbert to discuss tax enforcement under state False Claims Acts.  

The False Claims Act has been around at the federal level since the 1860s.  It generally provides for civil penalties and qui tam enforcement in instances where there is a fraud on the government, and it was actually passed to address procurement fraud during the Civil War.  A lot of states have passed their own versions of the False Claims Act, based on the federal statute.  But tax controversy and compliance lawyers haven't had to worry too much about the False Claims Act, because the federal statute expressly says that it cannot be applied to alleged violations of the tax code.  But then in the 1990s, something interesting started happening: Some states enacted versions of the False Claims Act without any limitation on tax claims (or interpreted their acts to allow such claims). In 2010, New York made a big splash when it expressly amended its statute to allow tax-based enforcement and created a whole component within its Attorney General's office to bring and review such cases. Most recently, in 2021, DC enacted provisions modeled on New York. Some high-profile cases have been brought attempting to redress allegations of state tax evasion though False Claims Acts.  And this raises a lot of questions.

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Questions? Contact us at podcasts@milchev.com.

tax break is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.

tax break is a podcast about tax law, brought to you by Miller & Chevalier and hosted by Loren Ponds and Rob Kovacev. We'll provide you with perspective on select tax issues that will go deeper than what the tax press covers, but not so deep that you’ll have to pull out your regulations or read treatises to follow along. The aim of tax break is to focus only on the tax law issues that we find interesting. Subscribe to tax break wherever you get your podcasts.

What Taxpayers Need to Know About the IRS’s New Requirements for Filing for R&E Credit Refunds | tax break #21

And we're back! In our season 2 premiere, hosts Loren Ponds and Rob Kovacev discuss the latest Chief Counsel Advice Memorandum outlining more burdensome procedures for taxpayers requesting R&E credit refund claims. They'll outline the content of the new memo, discuss APA implications of rulemaking in the form of a CCM, give takeaways for taxpayers, and make some observations on litigating refund claim suits from both the perspective of representing the taxpayer and representing the government.

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Questions? Contact us at podcasts@milchev.com.

tax break is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.

tax break is a podcast about tax law, brought to you by Miller & Chevalier and hosted by Loren Ponds and Rob Kovacev. We'll provide you with perspective on select tax issues that will go deeper than what the tax press covers, but not so deep that you’ll have to pull out your regulations or read treatises to follow along. The aim of tax break is to focus only on the tax law issues that we find interesting. Subscribe to tax break wherever you get your podcasts.

Liberty Global: The First Challenge to the 245A Regs | tax break Episode 19

With the action by Liberty Global in November of last year, we have the first challenge to the validity of the Temporary Regulations under section 245A. We discuss those regulations and some of the arguments we will see in that case. 

Topics discussed:
1. The section 245A deduction, the “GILTI donut hole,” and what the Temporary Regulations do to address that “donut hole”
2. Liberty Global’s complaint
3. Assessment of Liberty Global’s arguments that the Temporary Regulations are invalid

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Questions? Contact us at podcasts@milchev.com.

tax break is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.

tax break is a podcast about tax law, brought to you by Miller & Chevalier and hosted by Steve Dixon and Loren Ponds. We'll provide you with perspective on select tax issues that will go deeper than what the tax press covers, but not so deep that you’ll have to pull out your regulations or read treatises to follow along. The aim of tax break is to focus only on the tax law issues that we find interesting. Subscribe to tax break wherever you get your podcasts.

American Jobs Plan Calls for Major Changes to the International Tax Landscape | tax break Episode 18

Loren and Steve will discuss the tax proposals included in the American Jobs Plan, which are meant to fund large infrastructure investments the Biden administration plans to make.

Topics addressed will include proposed modifications to the GILTI, BEAT, and FDII regimes, as well as new provisions like the minimum tax on book income and a carrot/stick approach to addressing U.S. multinationals’ onshoring and offshoring activities.

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Questions? Contact us at podcasts@milchev.com.

tax break is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.

tax break is a podcast about tax law, brought to you by Miller & Chevalier and hosted by Steve Dixon and Loren Ponds. We'll provide you with perspective on select tax issues that will go deeper than what the tax press covers, but not so deep that you’ll have to pull out your regulations or read treatises to follow along. The aim of tax break is to focus only on the tax law issues that we find interesting. Subscribe to tax break wherever you get your podcasts.

Insights on Transfer Pricing Valuation | tax break Episode 17

In this episode, Loren and Steve speak with Mike Cragg from The Brattle Group about economics and transfer pricing valuations. 

Over time, the modes of economic valuation for transfer pricing purposes have become predictable and sometimes rote. Are there other ways to skin the proverbial cat? On this episode, we discuss some possible novel approaches with Mike Cragg, an experienced economist and the Principal & Chairman at The Brattle Group. In particular, we’ll discuss the role that insights from antitrust economics and notions of minority discounts might play in transfer pricing valuations. 

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Questions? Contact us at podcasts@milchev.com.

tax break is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.

tax break is a podcast about tax law, brought to you by Miller & Chevalier and hosted by Steve Dixon and Loren Ponds. We'll provide you with perspective on select tax issues that will go deeper than what the tax press covers, but not so deep that you’ll have to pull out your regulations or read treatises to follow along. The aim of tax break is to focus only on the tax law issues that we find interesting. Subscribe to tax break wherever you get your podcasts.

Breaking Down Facebook’s Litigation in the Tax Court, Part 2 | tax break Episode 16

Facebook is embroiled in a transfer pricing dispute with the IRS in Tax Court. This week on tax break, Steve and Loren conclude their discussion of what's at issue in the case. Listen to part 1 of the discussion in Episode 14.

Topics discussed:

• Basics of the dispute
• Whether aggregation of the three disputed royalties is reliable here
• Pricing the Platform Contribution Transaction royalty
• Challenge to validity of the -7T regulations
• Nature of the User Base and associated royalty
• Subsequent legal changes and changes to structure

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Questions? Contact us at podcasts@milchev.com.

tax break is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.

tax break is a podcast about tax law, brought to you by Miller & Chevalier and hosted by Steve Dixon and Loren Ponds. We'll provide you with perspective on select tax issues that will go deeper than what the tax press covers, but not so deep that you’ll have to pull out your regulations or read treatises to follow along. The aim of tax break is to focus only on the tax law issues that we find interesting. Subscribe to tax break wherever you get your podcasts.