Chief Counsel Advice 202617012 (Apr. 24, 2026).

For tax practitioners advising foreign-owned domestic corporations, the reporting and record-maintenance requirements of I.R.C. § 6038A represent a critical compliance area with severe financial consequences for failures. Under I.R.C. § 6038A(a) and (b), any domestic corporation that is at least 25-percent foreign-owned must file an information return (Form 5472) to report transactions with related parties and must maintain records appropriate to determine the correct tax treatment of those transactions. If a reporting corporation fails to furnish this information or maintain these records, I.R.C. § 6038A(d)(1) mandates that "such corporation shall pay a penalty of $25,000 for each taxable year with respect to which such failure occurs".

Taxpayers may be excused from these penalties under the reasonable cause exception found in I.R.C. § 6038A(d)(3) and Treas. Reg. § 1.6038A-4(b). Generally, an affirmative showing must be made under penalties of perjury that the taxpayer acted in good faith and had reasonable cause for the failure. Recognizing that these requirements may disproportionately impact smaller entities, the Treasury Regulations contain a specific small-corporation provision (SCP). Treas. Reg. § 1.6038A-4(b)(2)(ii) instructs that the IRS "shall apply the reasonable cause exception liberally in the case of a small corporation".

Chief Counsel Advice (CCA) 202617012 was issued by the Office of Associate Chief Counsel (International) in response to a request from the Independent Office of Appeals. Because it is a CCA rather than a judicial court opinion, it does not adjudicate a specific taxpayer's dispute; rather, the memorandum is meant to address the administrative situations in which IRS personnel must evaluate a small corporation's claim for penalty relief under the SCP.

Department of Justice, Drug Enforcement Administration, 21 C.F.R. Parts 1300, 1301, 1308, 1312, Docket No. DEA-XXXX, Attorney General Order XXXX-XXXX, Schedules of Controlled Substances: Rescheduling of Food and Drug Administration Approved Products Containing Marijuana and Products Containing Marijuana Subject to a Qualifying State-issued License From Schedule I to Schedule III; Corresponding Change to Permit Requirements (effective Apr. 22, 2026).

For tax professionals advising clients in the cannabis industry or individual taxpayers with substantial medical expenses, the April 22, 2026, final order by the Drug Enforcement Administration (DEA) represents a seismic shift in the application of federal tax law. By transferring specific marijuana products from Schedule I to Schedule III of the Controlled Substances Act (CSA), the order bifurcates the tax treatment of state-legal marijuana businesses and opens new avenues for individual medical deductions.

This article examines the technical application of I.R.C. § 280E and I.R.C. § 213 following this final order.

Estate of Kurt A. Amplatz v. Commissioner, T.C. Memo. 2026-35.

In 2014, Kurt A. Amplatz formed KA Medical, LLC (KA Medical), a medical device company. Through the Medical Trust, Mr. Amplatz contributed $500,000 for 500,000 membership units. Furthermore, a separate entity, the Funding Trust, transferred approximately $19 million to KA Medical for research and development in exchange for promissory notes. Between 2015 and 2018, KA Medical generated no revenue, and no principal or interest payments were made on the promissory notes.

Mr. Amplatz passed away on November 6, 2019. Less than a year later, in July 2020, the company received a nonbinding letter of intent from a buyer to purchase KA Medical for $15 million. However, relying on an independent appraisal from Value Consulting Group dated July 20, 2020, the Estate filed Form 706, selecting an alternate valuation date of May 6, 2020, and reported the value of its membership units in KA Medical at zero and the promissory notes at $1 million. In November 2020, the Estate formally sold all membership units in KA Medical to the buyer for $15 million.

The Internal Revenue Service (IRS) subsequently examined the Estate's Form 706 and adjusted the value of KA Medical to $15,145,000, while alternately valuing the promissory notes at either zero (treated as equity) or $17,686,508. The IRS issued a Notice of Deficiency determining an estate tax deficiency of $5,686,714 and assessed accuracy-related penalties under I.R.C. § 6662 totaling $2,423,200.

Hyatt Hotels Corporation & Subsidiaries v. Commissioner of Internal Revenue, No. 24-3239 (7th Cir. Apr. 22, 2026)

Hyatt Hotels Corporation operates a global hospitality brand that encompasses owned, managed, and franchised properties. During the 2009 through 2011 tax years under scrutiny, Hyatt operated a customer loyalty program known as the Gold Passport Program, which was mandatory for all Hyatt-branded hotels, including the 75-80% of properties owned by third-party franchisees. Members earned reward points that could be redeemed for hotel stays, perks, or airline miles.

To fund the costs of this program, Hyatt maintained the Gold Passport Fund (the Fund). Third-party hotel owners were required to remit 4% of qualifying purchases into the Fund when points were issued, or the actual cost of airline miles if the guest elected that reward. The Fund additionally accumulated revenue from investments in securities and from the direct sale of reward points to customers. Hyatt utilized the Fund to compensate hotel owners when points were redeemed and to cover administrative and advertising expenses. Historically, since the program's inception in 1987, Hyatt essentially disregarded the Fund for tax purposes. However, in March 2017, the IRS issued a notice of deficiency, contending that the payments remitted to the Fund by third-party owners, as well as revenue from direct point sales and investment holdings, should have been reported as gross income to Hyatt. The IRS took the position that Hyatt could only deduct the costs of redeemed points in the year of actual redemption.

Cathryn A. Simmons v. Commissioner, T.C. Memo. 2026-34 (April 22, 2026)

In a recent memorandum decision, the United States Tax Court addressed recurring substantiation issues surrounding closely held entities, commingled funds, and rental real estate deductions. The taxpayer, Cathryn A. Simmons, petitioned the Tax Court to challenge deficiency determinations issued by the Internal Revenue Service (IRS) for the 2017 and 2019 tax years, alongside a 20% accuracy-related penalty assessed under Internal Revenue Code (I.R.C.) section 6662(a) for the 2017 tax year. Following several IRS concessions prior to and following trial, the remaining issues centered on whether Ms. Simmons adequately substantiated business deductions for a partnership she co-owned, deductible expenses associated with two rental properties, and whether she qualified for the reasonable cause exception to negate the accuracy-related penalty.

Liberty Global, Inc. v. United States, No. 23-1410 (10th Cir. Apr. 21, 2026)

For tax practitioners navigating the complex landscape of international tax provisions under the Tax Cuts and Jobs Act (TCJA), the recent Tenth Circuit decision in Liberty Global, Inc. v. United States, No. 23-1410 (10th Cir. Apr. 21, 2026), serves as a crucial warning. The case centers on a highly sophisticated tax planning strategy, codenamed "Project Soy," and addresses a fundamental question of tax law: whether technical, mechanical compliance with the Internal Revenue Code can shield an economically meaningless transaction from the codified economic substance doctrine under 26 U.S.C. § 7701(o). The court ultimately affirmed the district court’s ruling, disregarding the taxpayer's manufactured earnings and profits and denying a massive deduction under § 245A.

Marie M. Kanda v. Commissioner, T.C. Summary Opinion 2026-3 (Docket No. 3772-24S. Filed April 20, 2026)

Between 2015 and 2023, Marie M. Kanda suffered from several serious health conditions, including breast cancer and severe osteoarthritis, which led to her doctor determining she was disabled and unable to work. During these years, she collected Social Security disability payments and notably never contracted COVID-19. Despite her medical status, Kanda claimed that she worked part-time on weekends cleaning and vacuuming vehicles for two to three hours a day. She failed to maintain contemporaneous business records for this activity, relying instead on her husband to keep track of limited customer invoices and handwritten monthly expense reports that were never recorded in a formal ledger. Furthermore, while Kanda and her husband signed a written partnership agreement in November 2020 to operate "Kanda Auto Service," they never filed a partnership tax return for 2021.

Kanda's tax reporting history was highly inconsistent. On her 2020 joint return, Kanda and her husband reported zero self-employment income, showing only $21,100 in unemployment income. For the 2021 tax year—the year at issue—Kanda filed married filing separately, reported her occupation as "childcare," but attached a Schedule C for an "auto mechanic" business showing $19,865 in gross receipts and $10,190 in net business income. Alongside this, she claimed $28,000 in refundable COVID-19-related sick and family leave credits ($12,900 under the Families First Coronavirus Response Act (FFCRA) and $15,100 under the American Rescue Plan Act of 2021 (ARPA)). Kanda did not include Form 7202, Credits for Sick Leave and Family Leave for Certain Self-Employed Individuals, with her original return. When audited, she submitted the form claiming $80,650 in net earnings from self-employment, electing to use her prior year (2020) net earnings, an amount drastically contradicting her filed 2020 return. She also provided an unsigned alternative 2020 return listing $6,700 in self-employment income, demonstrating three entirely different positions taken regarding her 2020 self-employment income.

Jonathan D. Sawyer v. Commissioner of Internal Revenue, T.C. Memo. 2026-33 (April 16, 2026)

Jonathan Sawyer was the owner and chief executive officer of Henry N. Sawyer (HNS), a family printing business that operated from 1835 until its liquidation in 2010. In 1982, Mr. Sawyer purchased a $200,000 life insurance policy on himself through Northwestern Mutual Life Insurance Co. (Northwestern) to provide for his wife in the event of his death. Due to occasional liquidity issues, Mr. Sawyer elected an automatic premium loan option, allowing Northwestern to secure premium payments by borrowing against the policy's cash surrender value to prevent the policy from lapsing.

Over the years, HNS experienced significant financial volatility, forcing Mr. Sawyer to repeatedly inject personal funds into the business to keep it afloat. In May 2009, Mr. Sawyer borrowed $80,000 from Northwestern, secured by the cash surrender value of the life insurance policy, and deposited the funds directly into HNS's business bank account. Despite these efforts, HNS liquidated in 2010. In 2015, the combined balances of the $80,000 policy loan and the accumulated premium loans eclipsed the policy's cash surrender value. Consequently, Northwestern automatically terminated the policy.

At the time of cancellation, the cash surrender value was $205,433.81, which Northwestern used in its entirety to satisfy the outstanding principal and interest of the loans. Mr. Sawyer's investment in the contract was $44,533.42, resulting in a taxable distribution of $160,900.39 reported on a Form 1099-R. Believing the Form 1099-R to be inaccurate, Mr. Sawyer did not file a 2015 federal income tax return, prompting the Internal Revenue Service (IRS) to prepare a substitute for return (SFR) pursuant to I.R.C. § 6020(b) and issue a Notice of Deficiency.

Drake Plastics Ltd. Co. v. Internal Revenue Service, Civil Action No. H-25-2570, S.D. Tex., April 16, 2026)

Micro-captive insurance transactions allow corporate entities to claim payments made to their affiliated captive insurers as business expenses under 26 U.S.C. § 162(a). Concurrently, if the captive insurer meets diversification requirements and keeps its written premiums below a statutory cap, it can elect under 26 U.S.C. § 831(b) to be taxed only on its investment income, meaning the premium income is entirely excluded from taxation. To combat perceived tax abuse where affiliated companies claim this benefit but merely move money "from one pocket to another" without genuinely distributing risk, the Department of the Treasury promulgated a final rule (the Final Rule) adding 26 C.F.R. § 1.6011-10 and 26 C.F.R. § 1.6011-11.

Under the Final Rule, the IRS designated two distinct categories of micro-captive arrangements subject to strict disclosure:

• Transactions of Interest (26 C.F.R. § 1.6011-11): Transactions requiring disclosure if a captive has a "loss ratio of 'less than 60 percent'" or satisfies a financing factor where untaxed premiums are returned to the insured.

• Listed Transactions (26 C.F.R. § 1.6011-10): A more severe classification applying to captive insurers operational for at least ten years with an adjusted loss ratio of "less than 30 percent," triggering heightened penalties for non-disclosure.

The plaintiffs in this case are Drake Plastics Ltd. Co., an ultra-high-performance polymer company; Drake Insurance Co., its affiliated micro-captive providing coverage to Drake Plastics and related entities; and Strategic Risk Alternatives, LLC, a firm that creates and manages micro-captives for closely held businesses.

TD 10045, REG-108706-25, April 17, 2026

The Internal Revenue Service (IRS) and the Department of the Treasury recently issued interim final regulations (TD 10045) and a concurrent notice of proposed rulemaking (REG-108706-25) amending 26 CFR Part 300. These regulatory updates relate specifically to the imposition and reduction of user fees associated with the Special Enrollment Examination for Enrolled Agents (EA SEE). For tax professionals monitoring procedural costs and credentialing requirements under Treasury Department Circular No. 230 (31 CFR, Subtitle A, part 10), these amendments reflect favorable downward adjustments to the cost of admission to practice before the IRS.

The Department of the Treasury and the Internal Revenue Service (IRS) have issued a Notice of Proposed Rulemaking (REG-113229-25) to amend 26 CFR Parts 1 and 31. The primary purpose of these proposed regulations is to reflect recent changes to statutory law enacted under the One, Big, Beautiful Bill Act (OBBBA), Public Law 119-21, which was signed into law on July 4, 2025.

Specifically, OBBBA sections 70114 and 70433 substantively amended Internal Revenue Code (IRC) §§ 165(d), 6041, 6041A, and 3406. Prior to these statutory changes, the baseline threshold for information reporting under sections 6041 and 6041A was fixed at $600, a level that had been in place since 1954 and was unadjusted for inflation. OBBBA raised this base threshold to $2,000 for payments made after December 31, 2025, and introduced an inflation adjustment for calendar years after 2026 under the newly added IRC § 6041(h). Furthermore, OBBBA altered the calculation of allowable wagering losses under IRC § 165(d).

The Treasury states the explicit reason for releasing these updates is to "ensure that the regulations reflect current law, thereby preventing confusion by individuals and entities who are impacted by the updates to the relevant statutory provisions". The preamble warns that failing to update the outdated regulations "could create confusion and uncertainty for taxpayers impacted by the statutory changes," leading to a scenario where practitioners might mistakenly "apply the lower, outdated thresholds in the regulations despite the new, higher thresholds in the statutes".

Under Section 61 of the Internal Revenue Code (IRC), gross income generally includes all fringe benefits unless a specific statutory exclusion applies. To assist taxpayers and tax professionals in properly calculating the includible value of certain fringe benefits, the IRS periodically releases updated valuation rates. Revenue Ruling 2026-08 specifically addresses the valuation of noncommercial flights taken on employer-provided aircraft.

As the ruling explicitly states, "[f]or purposes of the taxation of fringe benefits under section 61 of the Internal Revenue Code, section 1.61-21(g) of the Income Tax Regulations provides a rule for valuing noncommercial flights on employer-provided aircraft". Tax practitioners must utilize these regulatory guidelines to compute the imputed income for employees utilizing corporate aircraft for personal travel.

The enactment of the One, Big, Beautiful Bill Act (OBBBA) introduced section 224 to the Internal Revenue Code, creating an above-the-line deduction for "qualified tips" received by certain workers. Following the issuance of proposed regulations last year, the Treasury Department and the IRS have now issued final regulations under § 1.224-1. This article provides a comprehensive, technical review of the final regulations in regulation order, highlighting critical revisions from the proposed rules and emphasizing practical application for tax practitioners.

For tax professionals navigating the complex intersection of the Transition Tax under I.R.C. § 965 and the dividends received deduction (DRD) under I.R.C. § 245A, the United States Tax Court’s recent decision in Varian Medical Systems, Inc. & Subs. v. Commissioner, 166 T.C. No. 8 (April 8, 2026), provides critical guidance. This opinion addresses the mechanical computation of Varian’s DRD under § 245A and the corresponding foreign tax credit (FTC) disallowance under § 245A(d)(1). The analysis clarifies the strict application of holding periods under § 246(c) to indirectly owned controlled foreign corporations (CFCs) and settles the denominator computation for the § 245A(d) FTC disallowance fraction in the context of a § 965(c) deduction.

On April 6, 2026, the Treasury Department announced key infrastructure details for the implementation of the new Trump Accounts program, designating The Bank of New York Mellon Corporation (BNY) as the financial agent to manage the initial accounts. For CPAs and Enrolled Agents advising families with eligible children, understanding this initial setup—as well as the strict mechanics for rolling these accounts over to a successor trustee under IRC § 530A and Notice 2025-68—will be critical as the program's July 4, 2026, contribution launch date approaches.

On April 6, 2026, the Internal Revenue Service released News Release IR-2026-46, marking a significant milestone in the agency's ongoing service improvement efforts. For CPAs and EAs navigating the daily complexities of tax administration, the newly expanded Business Tax Account (BTA) platform promises a streamlined approach to managing clients' federal tax responsibilities. According to IRS Chief Executive Officer Frank J. Bisignano, this digital expansion is designed to reduce practitioner and taxpayer burden by eliminating the reliance on paper and phone interactions for routine tasks.

On April 1, 2026, the U.S. Department of the Treasury issued a news release titled "Treasury and IRS Announce Tax Filing Relief to DHS Personnel". This official Treasury guidance, issued in coordination with the Internal Revenue Service (IRS), establishes formal administrative relief for a specific class of taxpayers currently impacted by a lapse in government appropriations. For CPAs and EAs representing federal employees, understanding the exact parameters of this relief is essential for proper tax planning and compliance during the current filing season. The authority for the positions discussed below is derived directly from the U.S. Department of the Treasury press release.

The Internal Revenue Service recently issued Notice 2026-24, which provides critical administrative relief for qualifying farmers and fishermen who may be subject to the addition to tax for underpayment of estimated income taxes under Internal Revenue Code (IRC) § 6654. Due to late corrections to the 2025 Instructions for Form 8995 and subsequent delays in tax preparation software updates, the Service has exercised its authority to waive these penalties for affected taxpayers who file and pay their 2025 tax liabilities by April 15, 2026. This article examines the statutory framework, the factual basis for the IRS's waiver, and the specific procedural steps tax professionals must take to secure this relief for their clients.

The case of Thermal Circuits, Inc. v. Commissioner, T.C. Memo. 2026-29, centers on a manufacturing corporation that received substantial funds from a customer to expand its production capacity. Thermal Circuits, Inc. (Thermal), an accrual-method C corporation, manufactures foil heating components. In 2013, Nicoventures Trading Limited (NVT), a subsidiary of British American Tobacco, engaged Thermal to produce foil heating elements for electronic tobacco devices.

By 2016, NVT’s demand for the heaters significantly outpaced Thermal’s production capacity. NVT desired nearly 20 times the output without an increase in the $10 per-unit cost. To meet this volume at a fixed cost, Thermal needed a larger facility and more equipment. NVT ultimately agreed to fund an expansion of Thermal's leased manufacturing facility. In 2017, NVT paid $4.085 million toward the leasehold addition, followed by an additional $204,529 in 2018. Throughout construction, Thermal purchased necessary tools and machinery to populate the addition, billing NVT on a cost-plus basis. Once completed, Thermal paid the insurance and property taxes for the entire premises, including the new addition, and bore all attendant risks.

Barrett Business Services, Inc. ("Barrett") operates as a professional employer organization (PEO) and is not a certified PEO pursuant to I.R.C. § 7705. The company provides employment-related services to small and mid-sized businesses across the United States. Barrett's standard services for its clients—the "worksite employers"—include onboarding worksite employees into its payroll system, processing and paying wages, and handling the withholding, payment, and reporting of all applicable federal, state, and local employment taxes. Critically, while Barrett manages human resources and payroll functions, "Barrett does not supervise the day-to-day activities of the worksite employees". Instead, the worksite employers direct and supervise the employees' day-to-day activities at the clients' respective sites.

For the tax years 2017 through 2020, Barrett claimed the Work Opportunity Tax Credit (WOTC) under I.R.C. § 51 and the Empowerment Zone Employment Credit (EZEC) under I.R.C. § 1396 on its corporate returns for qualifying worksite employees. The Commissioner issued a Notice of Deficiency to Barrett, disallowing the claimed WOTC and EZEC on the grounds that Barrett was not a common law employer of the worksite employees.