exception for acquisitive acquisitions is somewhat more restrictive than the facts-and-circumstances test, as applied by most taxpayers before the regulations.
First, it would provide a bright-line
test for determining when "monitoring" crosses the line to "influencing": when there is a call for action.
Furthermore, TEI does not believe the proposed bright-line
test is supported by the legislative history of the UNICAP rules.
162 and 263, Congress should step in and enact some bright-line
rules that will provide guidance to the business community and the Service.
Unfortunately, because of the variety of documents that taxpayers might submit, it is impractical to attempt to provide a specific bright-line
test for determining when a particular homemade income tax form constitutes a valid return.
The IRS's inability to fashion a bright-line
test in this area only underscores why the revenue ruling should be withdrawn.
The district court applied the bright-line
test set forth in Brewery, which provided that "financial difficulties can never constitute reasonable cause to excuse the penalties for nonpayment of withholding taxes by an employer.
The rules in regulations should be structured so as to permit the treatment of simple or commonplace situations to be determined without reference to more complex rules, through the use of, for example, safe harbors, bright-line
tests, and de minimis rules.
Although the elements of the economic realities' test may appear understandable at first blush, a careful reading of the DOL's guidance reveals that there are no bright-line
rules upon which to rely.
Leases will be categorized as either Type A (similar conceptually to what GAAP now consider capital leases without the bright-line
the signing of a letter of intent, an exclusivity agreement, or other similar written communication, or board of directors' approval of the transaction) other than a successful closing of the transaction, provided the event does not occur before a bright-line
date defined in Regs.
That standard provides a bright-line
rule for taxpayers and tax administrators, protects against the retained jurisdiction over taxpayers with de minimis activity in a state, and furthers the goals underlying the Court's Dormant Commerce Clause doctrine.
The court rejected the argument for a bright-line
where one taxpayer acquires another), a bright-line
date is used to segregate facilitative and nonfacilitative costs.
Summers, (8) where the Supreme Court promulgated a bright-line
rule that a search warrant "founded on probable cause implicitly carries with it the limited authority to detain occupants of the premises while a proper search is conducted.