An Examination of the Factors That Impact Innocent Spouse Tax Relief Decisions in the US Tax Court

2021 ◽  
pp. 135-153
Author(s):  
W. Brian Dowis ◽  
Ted D. Englebrecht ◽  
Mike Wiggins
Keyword(s):  
The Us ◽  
Author(s):  
Joshua T. McCabe

Chapter 4 examines how Canadian policymakers’ renewed promise to tackle child poverty translated into the Child Tax Benefit, the nonrefundable Child Tax Credit, and the Working Income Tax Benefit. Whereas the logic of tax relief served as the springboard for fiscalization in the US, the logic of income supplementation drove the process in Canada. This difference had important implications for the shape and scope of Canadian tax credits, enabling them to significantly reduce child poverty relative to the much weaker outcomes in the US. Family allowances offered policymakers an alternative to welfare as the primary method of delivering cash benefits to children. Canadian policymakers, including conservative policymakers and profamily groups, saw expanding child tax credits as a way to “take children off welfare” by redirecting benefits through a nonstigmatizing program. The initial change occurred under the Progressive Conservatives in 1992 and was consolidated under the Liberals in 1997.


2013 ◽  
Vol 31 (2) ◽  
pp. 209 ◽  
Author(s):  
Samuel Singer

This article explores the treatment of trans medical expenses under American and Canadian tax laws. In both tax systems, medical expenses are deemed worthy of tax relief, while many cosmetic procedures are excluded. This article argues that tax administrators and the judiciary are influenced by social stigma when they employ the distinction between cosmetic and medical expenses to exclude or allow trans medical expenses. In the American context, this article focuses on the Internal Revenue Service’s reasons for deeming a trans woman’s gender dysphoria-related medical expenses to be ineligible for the medical deduction. It then turns to the taxpayer’s subsequent appeal to the U.S. Tax Court in O’Donnabhain v. Commissioner, 134 TC no. 4, and the Court’s determination that, while the taxpayer’s sex reassignment surgery and hormone therapy were eligible expenses, her breast augmentation was not deductible. The article follows by outlining the Canadian medical expense tax credit to determine how similar trans medical expenses might be treated in light of a budget amendment in 2010 prohibiting claims for most cosmetic procedures. The article concludes that in both the American and Canadian context, trans people are held to a higher standard than required under each respective tax statute, with their gender dysphoria-related medical expenses needing to be documented as “medically necessary” to avoid categorization as ineligible cosmetic expenses.  Le présent article examine le traitement des frais médicaux liés à la dysphorie sexuelle en vertu des lois fiscales américaines et canadiennes. Dans les deux régimes fiscaux, les frais médicaux sont considérés comme admissibles à un allègement fiscal, tandis que plusieurs interventions esthétiques sont exclues. Le présent article fait valoir que les administrateurs fiscaux et la magistrature sont influencés par les stigmates sociaux lorsqu’ils ont recours à la distinction entre les frais d’intervention esthétique et les frais médicaux pour exclure ou justifier les frais médicaux liés à la transition. Dans le contexte américain, le présent article se penche sur les motifs formulés par l’Internal Revenue Service pour juger inadmissibles à la déduction pour frais médicaux les frais médicaux liés au trouble d’identité sexuelle d’une femme transgenre. Il examine ensuite l’appel interjeté ultérieurement par la contribuable à la US Tax Court dans O’Donnabhain v. Commissioner, 134 TC no. 4, ainsi que la décision de cette cour selon laquelle la chirurgie pour changement de sexe et l’hormonothérapie de la contribuable constituaient des frais admissibles, alors que son augmentation mammaire n’était pas déductible. L’article décrit ensuite le crédit d’impôt canadien pour frais médicaux pour déterminer comment des frais médicaux similaires liés à la dysphorie sexuelle pourraient être traités à la lumière d’une modification budgétaire de 2010 interdisant les réclamations pour la plupart des interventions esthétiques. L’article conclut que, tant aux États-Unis qu’au Canada, les personnes transgenres doivent satisfaire à une norme plus élevée que celle que prévoit la loi fiscale à laquelle elles sont assujetties, leurs frais médicaux liés à la transition devant être documentés comme étant « médicalement nécessaires » pour éviter d’être qualifiés de frais d’intervention esthétique inadmissibles. 


Author(s):  
Min Xu ◽  
Suk Kim ◽  
Jeanne David

There have been three major tax cuts in the modern US history: 1) the Tax Cuts and Jobs Act of 2017; 2) the Economic Growth and Tax Relief Reconciliation Act of 2001; and 3) the Economic Recovery Act of 1981. Each of the first two major tax cuts had increased the federal debt. Just about everybody agrees that US federal debt is on an unsustainable path. Can we afford another major tax cut without trigging a major economic disaster such as the Great Recession of 2007-2009? This article discusses an overview of this new law, the impact of the first two major tax cuts on the federal debt, the impact of the Tax Cuts and Job Acts on the US government debt, and its consequences.


2021 ◽  
Vol 68 (4) ◽  
pp. 931-986
Author(s):  
Michael H. Lubetsky

Subsection 220(3.1) of the Income Tax Act authorizes the minister of national revenue to waive or cancel interest on income tax debts. This power is typically exercised in four circumstances: where interest has accumulated owing to circumstances beyond a taxpayer's control; where the interest has accumulated owing to error or delay by the Canada Revenue Agency; where the accumulated interest causes hardship; or in the context of a voluntary disclosure. South of the border, section 6404 of the Internal Revenue Code authorizes the secretary of the Treasury to "abate" interest on tax debts. As a practical matter, discretionary interest relief under section 6404 is available only in very limited circumstances. The restrictive approach to discretionary interest relief is, however, offset by a greater array of interest-relieving provisions, as well as by the power of the secretary to "compromise" tax liabilities on various grounds, some of which overlap with grounds for interest relief recognized in Canada. This article compares the Canadian and US interest relief regimes, with a view to identifying aspects of the US regime that may merit further consideration in Canada. The differences in the US approach that are of particular interest include • a wider, and arguably more coherent, range of relieving provisions applicable to interest, particularly with regard to interest netting and carrybacks; • the jurisdiction of the United States Tax Court to review refusals to abate interest and/or to accept an offer in compromise; • dealing with situations of hardship and extraordinary circumstances under the aegis of the offer-in-compromise regime, which allows for consideration of the underlying tax liability in addition to the interest, and which also allows for relief to be made conditional on the taxpayer's future compliance with filing and payment obligations; • in certain older cases, a willingness to use interest relief to settle longstanding and complex tax disputes; and • the absence of statutory time limits on the power of the secretary to abate or compromise interest. The comparative study also reveals how Canada and the United States place different weight on policy rationales that underlie interest relief. Canada focuses mainly on ensuring that the consequences of non-compliance for individual taxpayers are fair and equitable. The United States, on the other hand, focuses more on rehabilitating non-compliant taxpayers in the long term, as well as ensuring that interest reflects fair compensation for such taxpayers' use of the public treasury's money—both of which could be given greater attention on this side of the border.


Author(s):  
Joshua T. McCabe

Chapter 6 looks at how the National Commission on Children brought attention to the problem of child poverty in the US, leading to the expansion of the Earned Income Tax Credit in 1993 and the introduction of the nonrefundable Child Tax Credit in 1997. In contrast to the cases of Canada and the UK, the growth of these tax credits, tracing their legacy to the dependent exemption in the tax system, was premised on the logic of tax relief rather than the logic of income supplementation. Originally, the National Commission on Children released recommendations for a fully refundable Child Tax Credit as the best way to tackle child poverty. This served as a successful springboard in Canada and the UK. This was not the case in the US, where the logic of tax relief remained dominant. Initial attempts to introduce a fully refundable Child Tax Credit quickly failed. Policymakers and the public deemed poor children undeserving of tax credits because their parents were not technically taxpayers.


Author(s):  
Joshua T. McCabe

This book challenges the conventional wisdom on American exceptionalism, offering the first and only comparative analysis of the politics of child and in-work tax credits. This comparative approach, analyzing the US, Canada, and the UK, upends everything we thought we knew about the politics of tax credits, accounting for both the timing of their development and the distribution of their benefits among families across liberal welfare regimes. Rather than attributing these changes to antiwelfare attitudes, mobilization of conservative forces, shifts toward workfare, or racial antagonism, the book argues that the growing use of tax credits for social policy was a strategic adaptation to austerity in all three countries but that the historical absence of family allowances in the US left the country with a policy legacy that institutionalized a distinct “logic of tax relief,” ensuring that the poorest American families would be ineligible for tax credits. Focusing on the twin puzzles of the growth and distribution of new tax credits across the three countries, the book explains both their convergence on the use of these tax credits and the US’ divergence from the UK and Canada on the distribution of these tax credits’ benefits.


2021 ◽  
Vol 69 (2) ◽  
pp. 655-667
Author(s):  
Michael J. Miller

In the United States, statutes and treaties are on an equal footing. Thus, in the event of a conflict between a statute and a treaty, the treaty does not automatically take precedence over the statute. Moreover, the US courts go to great lengths to avoid finding the existence of any conflict. This article discusses a recent case in which the Tax Court held, among other things, that a punitive deduction-disallowance rule applicable solely to non-US persons did not conflict with the non-discrimination article of the income tax treaty in effect between the United States and Canada.


2020 ◽  
Vol 26 (2) ◽  
pp. 195-198
Author(s):  
Chelsea Hunter ◽  
James Gifford

Abstract On 8 July 2019, the US Tax Court held that a grantor trust holding offshore life insurance constituted a sham. A review of the facts of the case and the court’s opinion offer a cautionary tale to those planning, maintaining, or benefitting from similar wealth-holding structures. Like most cautionary tales, this one blends a unique factual milieu with tragic decision-making. But, unlike most cautionary tales, this one helps to illustrate some fundamental tax and wealth structure planning points.


Author(s):  
Dina Osina

The article deals with characteristics of constitutional and legal status of the US Tax Court which stem from the history of its establishment and its specific place within the branches of the US Government. In particular, the US Tax Court is considered as an Article I court. The author also analyses both Russian and foreign scientific approaches towards the determination of the US Tax Court legal status.


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