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Results: 1-10 of 38

Supreme Court holds Chevron deference applicable to “interpretive” regulations
  • Sutherland Asbill & Brennan LLP
  • USA
  • January 26 2011

The U.S. Supreme Court’s recent decision in Mayo Found. for Medical Education and Research v. United States (January 11, 2011), on the standard of deference for judicial review of “interpretive” tax regulations, will inform both the future regulation-writing process for and challenges to employee benefit and executive compensation tax regulations


P.L. 86-27-who? Virginia Tax Commissioner determines single employee creates nexus
  • Sutherland Asbill & Brennan LLP
  • USA
  • November 26 2013

The Virginia Tax Commissioner found that a corporation with a single employee in Virginia who conducted work-related activities from a Home Office


The Sixth Circuit splits from the Federal Circuit and rules that severance payments are not taxable as FICA wages
  • Sutherland Asbill & Brennan LLP
  • USA
  • September 20 2012

On September 7, 2012, the Sixth Circuit held that certain types of severance payments (referred to as supplemental unemployment compensation or “SUB payments”) are not taxable wages under FICA


IRS provides temporary relief for IRA cross-collateralization agreements
  • Sutherland Asbill & Brennan LLP
  • USA
  • December 14 2011

In Announcement 2011-81 (December 12, 2011), the Internal Revenue Service granted temporary relief for an indemnity, security interest or other cross-collateralization agreement provided by an individual retirement account owner in circumstances similar to those addressed in U.S. Department of Labor Advisory Opinion 2009-03A and Advisory Opinion 2011-09A


IRS extends and expands relief, seeks comments on Puerto Rico plans and group trusts
  • Sutherland Asbill & Brennan LLP
  • Puerto Rico, USA
  • January 4 2012

IRS Notice 2012-6, to be published on January 17, 2012, extends and expands the transition relief provided under Rev. Rul. 2011-1 and Rev. Rul. 2008-40 for certain retirement plans that qualify under the Puerto Rico Internal Revenue Code and group trusts holding investments by such Puerto Rico-qualified plans


DOL issues 403(b) guidance
  • Sutherland Asbill & Brennan LLP
  • USA
  • July 25 2007

In conjunction with the publication of final tax regulations under Section 403(b), the Labor Department has issued a field assistance bulletin considering the interaction of ERISA with these final regulations


IRS to publish Section 457 guidance
  • Sutherland Asbill & Brennan LLP
  • USA
  • July 24 2007

The Internal Revenue Service and the Treasury have announced their intention to publish guidance under Section 457 applicable to nonqualified deferred compensation plans of state and local governments and tax-exempt entities concerning the definitions of a bona fide severance pay plan under Section 457(e)(11) and substantial risk of forfeiture under Section 457(f)(1)(B


IRS proposes comprehensive cafeteria plan regulations
  • Sutherland Asbill & Brennan LLP
  • USA
  • August 7 2007

Since Internal Revenue Code (“Code”) section 125 was enacted and cafeteria plans were first made available in 1978, the Internal Revenue Service has issued a grab bag of proposed regulations under Code section 125 but issued final regulations only for rules governing mid-year election changes (Treas. Reg. 1.125-4) and coordination of family medical leave with cafeteria plan coverage (Treas. Reg. 1.125-3


IRS provides limited relief and additional guidance under Code Section 409A - full analysis
  • Sutherland Asbill & Brennan LLP
  • USA
  • September 14 2007

A Legal Alert that we sent out on September 11, 2007 contained a high level summary of Notice 2007-78 (the "Notice"), which provides limited additional relief and guidance with respect to nonqualified deferred compensation plans under section 409A of the Internal Revenue Code


IRS provides limited additional relief under IRC 409A
  • Sutherland Asbill & Brennan LLP
  • USA
  • September 11 2007

On September 10, 2007, Treasury and the IRS released Notice 2007-78 (the "Notice"), providing additional time - until December 31, 2008 - to adopt amendments that document compliance with the requirements of Internal Revenue Code section 409A for nonqualified deferred compensation plans