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Publication Date

7-2006

Document Type

Survey Article

Abstract

The courts in the Eleventh Circuit were involved in a number of relatively prominent tax related cases in 2005. Two cases that were previously highlighted in this publication were overturned on appeal. The United States Supreme Court reversed and remanded the Eleventh Circuit in the tax procedure case of Ballard v. Commissioner. In addition, the Eleventh Circuit reversed the United States District Court for the Southern District of Florida in American Bankers Insurance Group, Inc. v. United States, holding that the federal telecommunications excise tax did not apply to telecommunications services for which the charge varied by time, but not by distance. The Eleventh Circuit also partially affirmed and partially reversed the Tax Court in Estate of Blount v. Commissioner, holding that a decedent's stock in a company had to be valued for estate tax purposes at fair market value, but that insurance proceeds the company received from an insurance policy on the decedent's life should not be considered when determining the fair market value of the stock. Finally, the United States District Court for the Southern District of Florida held that medical residents employed by a teaching hospital did not qualify for the student exemption from social security taxes.

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