CCG Tax News Headlines - July 16, 2008

Jul 16, 2008 5 Replies

CCG Tax News Headlines - July 16, 2008



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FEDERAL NEWS Final, Temporary, Proposed Regs Issued on Foreign Tax Credits, Structured Passive Investment Arrangements (T.D. 9416; NPRM REG-156779-06)



Appeals Court Required to Review Sentence for Abuse of Discretion (Taylor, SCt)



STATE NEWS California --California --Sales and Use Tax: SBE Conducts Hearing on Nexus and Online Retailers



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I wanted to read the trail of opinions on this case because the defendant is a part-time tax preparer who aided and assisted in the preparation of false tax returns. However, I do not understand the CCH nomenclature. If Johnny and the Supremes "summarily vacated and remanded", is there an opinion somewhere?

CCH says this is based on Gall v. United States,

128 S. Ct. 586 (2007) with which I am familiar and has to do with the latitude of sentencing guidelines rather than taxes. It appears to me that the current approach is very pro defendant. In Gall and in Taylor, the prosecution complained the sentence was too leinent. I understand the leinency in Gall. I would like to read the mitigating circumstances in Taylor.

Anyone have cites for Taylor?

Dick

Not yet that I can find. Here's the official Supreme Court web page for the current term - I didn't see it there:

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It might be there, but they don't give enough information for me to find it. I guess you'll just have to go to your closest law library and look it up in the CCH materials by their paragraph number.

Stu

The Solicitor General's response (which asks the SCt to do what they did) is available at:

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-2216.01A
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-2216SCTRMD.01A
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