New commentary to discuss various aspects of federal tax practice
FALLS CHURCH, Va. – Tax Analysts, the nonprofit provider of federal, state, and international tax news and analysis, today announced the launch of a new regular column, Tax Matters, from Sutherland Asbill & Brennan LLP’s tax practice group. The column will appear in Tax Notes and Tax Notes Today and will examine various aspects of federal tax matters.
The first column, “‘Outside Limit’ on Tax Refund Suits After Bormes,” written by attorneys Mary Monahan and Victoria O’Connor, posits that the Supreme Court’s decision in Bormes sheds new light on the Court’s holdings that the tax’s specific statute of limitations applies to refund suits. The authors note that if the Tucker Act statute of limitations applies, the taxpayer’s right to pursue the refund could disappear if the claim remains pending for longer than 6½ years. Additionally, although the section 6532 statute of limitations can be extended by agreement, there is no way to protect against expiration of the Tucker Act statute of limitations other than by filing suit.
“Although the Bormes decision seemingly answers whether the general Tucker Act statute of limitations applies to refund suits when a disallowance notice has not been issued, because the Tucker Act statute is jurisdictional,” the authors write, “taxpayers with pending refund claims approaching the 6½ year mark would still be well-advised to file suit as a protective measure.”
Sutherland Asbill & Brennan LLP is a law firm with seven major practice areas—corporate, energy and environmental, financial services, intellectual property, litigation, real estate, and tax.
A full copy of Sutherland Asbill & Brennan LLP’s first column is available here.
For more information or to schedule an interview, please contact Shaima Cardillo at 703-531-4852 or firstname.lastname@example.org.
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