Overview
Sixth Circuit Holds Probate Court Proof of Claim Satisfies Statute of Limitations on Collection: In United States v. Estate of Chicorel, No. 17-2321 (6th Cir., Oct. 25, 2018), the Sixth Circuit affirmed the district court’s holding that the government satisfied the statute of limitations applicable to collections by levy or by a proceeding in court under section 6502(a) when it filed a proof of claim in the probate proceedings of the taxpayer’s estate. The court held that the filing of a proof of claim qualified as a “proceeding in court” for this purpose because the “nature, function, and effect of a proof of claim in Michigan has significant legal consequences for the creditor, the estate, and for Michigan law generally,” including the tolling of statutes of limitations under Michigan law. The court further held that “the statute of limitations in § 6502(a) is satisfied once the government commences any timely proceeding in court” and that there is no time limitation on actual receipt of a judgment.
Proposed Section 163(j) Regulations Reach OIRA: The Office of Information and Regulatory Affairs (OIRA) has begun its review of proposed regulations under section 163(j).
IRS Launches TCJA Web Page: The IRS launched www.irs.gov/tax-reform, a new web page intended to provide easy-to-access information about the Tax Cuts and Jobs Act. The page features three areas designed specifically for individuals, businesses, and tax-exempt entities.