TaxConnections Member Annette Nellen

Continuing with my list of ten news items and activities from 2015 that I think have particular tax policy relevance.  Today, for my third item is Justice Kennedy’s concurring opinion in Direct Marketing Association v Brohl, Exec Dir, Colorado Dept of Revenue, No. 13-1032 (3/3/15). In this opinion, Justice Kennedy posits that perhaps given “changes in technology and consumer sophistication,” it is time to revisit the Court’s 1992 decision in Quill, 504 U.S. 298! He also noted that Quill was a case “questionable even when decided, [that] now harms States to a degree far greater than could have been anticipated earlier.”  This is a major item for 2015. It is really an invitation to any and all states with a sales tax to send a bill to a remote (non-present) vendor and hope that the vendor will challenge the assessment all the way up the administrative and judicial review process to land on the US Supreme Court’s agenda. Read More

TaxConnections Member Annette Nellen

Continuing with my list of ten news items and activities from 2015 that I think have particular tax policy relevance.

#2 – IRS Funding Challenges – Despite an aging workforce resulting in many retirements, a tax statute that is made increasingly more complicated each year, and the need to modernize operational and technology practices, the IRS budget has been cut by over $1.2 billion from FY2010 to FY2015. [See 5/18/15 TIGTA report, Center for Budget and Policy Priorities article on the cuts of 9/30/15 and USA Today article of 6/17/15.]

The May 2015 TIGTA report includes the following graphs showing the decrease in the number of collection officers and a 95% increase in computer downtime due to use of old technology (hardware and software). Read More

TaxConnections Member Annette Nellen

For the rest of 2015, I’m going to share my list of ten items from 2015 that I think have particular tax policy relevance.  It’s not a countdown so the start of this list today – #1, isn’t necessarily the biggest item of interest.

#1 – Congress can alter our tax system via a lot of non-tax bills.  In 2015, we saw ten bills enacted (as of 12/11/15) with tax changes. Yet, these bills were not intended to be tax bills, they all had a different primary purpose such as enacting trade deals or funding the Highway Trust Fund. Various tax changes were added in, many of which had been around for a while. For example, the GAO has been suggesting for years that additional information be required on Form 1098 mortgage interest statement. The change in due dates for some tax forms has also been talked about for some time and was even in Congressman Camp’s H.R. 1 (113rd Congress) tax reform bill. Read More