Tax News

CCH (cch.taxgroup.com) reports:

  A corporation's claims for damages stemming from the IRS's alleged unauthorized disclosure of return information to the Japanese National Tax Administration were remanded to determine whether any such disclosures were not barred by the statute of limitations. For subject matter to exist under Code Sec. 7431(d), the corporation must have filed its action within two years of the date that the alleged disclosures were discovered, not the date that the corporation realized the disclosures were unauthorized. This two-year limitations period is jurisdictional and was intended to be absolute. Because the district court made no findings of fact determining the dates that the corporation discovered the disclosures, the matter was remanded to determine whether the corporation discovered any disclosures within the two-year statutory period.

  Vacating and remanding a DC Ariz. decision, 2007-1 USTC ¶50,325.

Aloe Vera of America, Inc., CA-9, 2009-2 USTC ¶50,530

Other References:

 
Code Sec. 6103

  CCH Reference - 2009FED ¶36,894.65

  CCH Reference - 2009FED ¶36,894.75

 
Code Sec. 7431

  CCH Reference - 2009FED ¶41,758.10

  Tax Research Consultant

  CCH Reference - TRC IRS: 9,052.10
CCH Reference -
TRC IRS: 9,352
CCH Reference -
TRC IRS: 9,358