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Modifications of actions to enjoin certain conduct related to tax shelters and reportable transactions.


Before the AJCA AJCA American Jobs Creation Act of 2004 (US)
AJCA American Jersey Cattle Association
AJCA Association of Juvenile Compact Administrators
AJCA All Japan Cooks Association
AJCA Alabama Junior Cattlemen’s Association
, Sec. 7408 authorized civil actions to enjoin To direct, require, command, or admonish.

Enjoin connotes a degree of urgency, as when a court enjoins one party in a lawsuit by ordering the person to do, or refrain from doing, something to prevent permanent loss to the other party or parties.
 any person from promoting abusive tax shelters Abusive tax shelter

A limited partnership that the IRS judges to be claiming tax deductions illegally.


abusive tax shelter

A tax shelter in which an improper interpretation of the law is used to produce tax benefits that are
 or aiding or abetting a·bet  
tr.v. a·bet·ted, a·bet·ting, a·bets
1. To approve, encourage, and support (an action or a plan of action); urge and help on.

2.
 the understatement of tax liability.

New Law

AJCA Section 820, modifying Sec. 7408, expands the current rules to allow an injunction to be sought against a material advisor for failing to (1) fulfill the reporting requirements for reportable and listed transactions and (2) keep investor lists. It also permits injunctions to be sought for violations of any of the rules under Circular 230.

Effective Date

The provision is effective on Oct. 23, 2004.

FROM PAUL MANNING, WASHINGTON, DC
COPYRIGHT 2005 American Institute of CPA's
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2005, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Article Details
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Author:Manning, Paul
Publication:The Tax Adviser
Date:Jan 1, 2005
Words:99
Previous Article:Disclosure of reportable transactions: tax shelter registration.
Next Article:Modifications of substantial understatement penalty for nonreportable transactions.
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