Telephone Excise Tax Review
Case Law
May 25, 2006 - IRS loses the battle. Federal cases in the Second, Third, Sixth, Seventh, and District of Columbia circuits, all of which were decided against the government, held that a telephonic communication for which there is a toll charge varying due to elapsed transmission time and not distance is not a taxable toll telephone service as defined in code Section 4252(b)(1).
Notice 2006-50, 2006-25 IRB
June 19, 2006 - IRS formally concedes. Accordingly, the government will no longer litigate this issue and Notice 2005-79, 2005-46 I.R.B. 952, which states otherwise, is revoked. The Commissioner agrees to credit or refund the amounts paid for nontaxable service.
Notice 2007-11, 2007-5 IRB
January 29, 2007 - This notice amplifies, clarifies, and modifies Notice 2006-50, 2006-25 IRB.
Treasury Inspector General Report
April 24, 2008 - IRS cites reasons for low refunds claimed by corporations; (1) businesses believed the amount of work and associated fees outweighed the amount of the credit they would receive, (2) businesses were concerned that they would be unable to provide the necessary records needed to support the amount of the claim, and (3) businesses simply were not aware of the credit.
Treasury Inspector General Report
September 17, 2008 - Yet another report by the Treasury presenting reasons why business taxpayers did not claim the Telephone Excise Tax Refund (TETR), even though they appeared to qualify for it.