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The CARES Act’s Impact on the Tax Code’s Business Interest Deductions

In Coronavirus by Ryan DeanLeave a Comment

Congress recently passed the Coronavirus Aid and Economic Security Act (CARES Act). The CARES Act provides for numerous changes to the Internal Revenue Code, but one of the major changes is to the treatment and limitation of business interest deductions. Prior to the CARES Act, Congress had tightened limitations on business interest deductions through the Tax Cut and Jobs Act.  …

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U.S. Department of Labor Issues Guidance on Families First Coronavirus Response Act

In Coronavirus by Matthew RobertsLeave a Comment

On March 18, 2020, the Families First Coronavirus Response Act became law.  It is effective for paid sick leave or expanded family and medical leave taken between April 1, 2020, and December 31, 2020.  Freeman Law first wrote on this legislation here. Recently, the U.S. Department of Labor has issued helpful guidance via frequently asked questions and answers.  Those can …

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Force Majeure and Coronavirus: “Act of God” or Breach of Contract?

In Coronavirus, Force Majeure by Jason B. FreemanLeave a Comment

Does a pandemic like the Coronavirus trigger a contractual force-majeure clause?  A force-majeure clause is sometimes referred to as an “act-of-god” clause. And perhaps nowhere are the concepts of “church” and “state” more integrally connected than where the secular law resorts to defining an “act of god.”  Where applicable, a force-majeure clause allows a party to stop performing its contractual …

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Additional IRS Guidance on Coronavirus Tax Relief: New People First Initiative

In Coronavirus by Matthew RobertsLeave a Comment

The IRS has been busy issuing guidance regarding the coronavirus and its effects on the federal income tax system.  In addition, the IRS has specifically recognized the detrimental effects the coronavirus (COVID-19) outbreak has had on taxpayers.  On March 25, 2020, the IRS announced a “sweeping series of steps to assist taxpayers by providing relief on a variety of issues …

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TEXAS COMPTROLLER OFFERS ASSISTANCE TO TEXAS BUSINESSES DURING THE CORONAVIRUS OUTBREAK

In Uncategorized by Edward CortsLeave a Comment

The Texas Comptroller announced on March 25, 2020, that it is offering assistance to businesses that are potentially struggling to pay the full amount of the Texas sales tax that they collected in February, 2020.  For affected businesses, the Texas Comptroller is offering short-term payment agreements to pay the collected sales taxes, with the waiver of penalties and interest, in …

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Section 7403 Tax Enforcement Actions

In IRS Collection, Tax Liens, Tax Litigation by Jason B. FreemanLeave a Comment

The United States has the power to place a lien on a taxpayers’ property and rights to property when that taxpayer has unpaid federal taxes.[1] The government is statutorily authorized to bring a civil action to enforce this lien under Internal Revenue Code (IRC) § 7403.[2] While § 7403 generally provides that courts are to adjudicate lien enforcement actions on …

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Texas Court of Appeals Addresses Sovereign Immunity

In State and Local, Texas Tax by Edward CortsLeave a Comment

On March 19, 2020, the Texas Third Court of Appeals, issued its opinion in Hegar et al. v. J.D. Fields & Company, Inc., Tex. Ct. App. (3rd Dist.), No.03-19-00351-CV, 03/19/2020).  The court ruled that a taxpayer’s sales tax protest is not barred by sovereign immunity. The taxpayer, J.D. Fields & Company, Inc. (hereinafter “Taxpayer”) in this matter is a pipe …

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Speedy Trial Rights and the Coronavirus

In Coronavirus by Jason B. FreemanLeave a Comment

The U.S. Supreme Court announced that it is postponing upcoming oral arguments.  The last time that it did that was more than a hundred years ago in 1918 as a response to the Spanish flu.[1]  Case in point that our judicial system is undergoing strains that, while not entirely unprecedented, are rarely seen.  And that strain will test constitutional values in the …

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Dallas County to Shelter-in-Place

In Coronavirus by Edward CortsLeave a Comment

Because of the spread of the coronavirus, Judge Clay Jenkins has ordered that Dallas County shelter-in-place, effective as of 11:59 p.m. March 23, 2020.  This order will prohibit residents from leaving their residence unless for an “essential activity”, and it will continue until 11:59 p.m. April 3, 2020.   For purposes of this order, the following are deemed essential activities: …