Mr. Cope monitors the development of U.S. tax law daily through postings on government websites, daily tax publications, monthly tax journals, tax newsletters, tax conferences and meetings of professionals organizations in New York and Washington. Each month he publishes the Tax Insights Blog, which describes and analyzes significant U.S. tax developments (e.g., judicial decisions, regulations, proposed tax legislation) having cross-border tax consequences. The blog's content should be of interest to U.S. businesses with foreign operations and businesses headquarted outside the United States with U.S. investments or U.S. operations.
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Court of Federal Claims Rules for Mexican National in Refund Suit
The case of Maria Esther Montiel v. United States (“Monteil”) considers the question of how to determine the limitation period for filing a refund claim when a nonresident alien erroneously files an original tax return as a U.S. resident and later determines that she should have filed as a nonresident alien. As discussed below, the Court of Federal Claims concluded that there was a triable issue as to whether it had subject matter jurisdiction on the facts in Montiel.