Examining the record: Supreme Court nominee Judge Gorsuch on payroll taxes — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Examining the record: Supreme Court nominee Judge Gorsuch on payroll taxes

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Last week, President Trump nominated federal Judge Neil Gorsuch to fill the seat of the late Justice Antonin Scalia on the U.S. Supreme Court. Gorsuch currently sits on the 10th Circuit Court of Appeals, which encompasses Colorado, Kansas, New Mexico, Oklahoma, Utah and Wyoming.

It doesn’t appear that Gorsuch has ruled on any recent payroll tax cases. Too bad for us. But he has tackled some other interesting tax issues. Let’s take a look.

Partnerships: The taxpayer wins

Gorsuch wrote the majority opinion in McNeill v. U.S. (836 F.3d 1282, 10th Cir., 2015), which involved an interpretation of the Tax Equity and Fiscal Responsibility Act of 1982. TEFRA sets up a two-step regime for tax audits of partnerships.

  • The partnership’s tax matters partner—the general partner designated for the job or the general partner with the largest profits—can seek judicial review of the IRS’ partnership-level determinations
  • After deciding the pa...(register to read more)

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