2026 Articles

2026 Annual Meeting Photos July 2026 ISBA members and guests gathered at the Ritz-Carlton in St. Louis on June 11–12, 2026, for the Annual Meeting, which featured outstanding CLE programming, networking, and business meetings. Thank you to everyone who attended and helped make the Annual Meeting a success!

Access to Justice in Tax Law: Recent Jurisdictional Pathways and Barriers By Sandra D. Mertens September 2026 Tax practitioners are familiar with the complex nature of navigating the administrative processes of the IRS in an attempt to reach a truly neutral decision-maker: The Tax Court or other adjudicative body. Jurisdiction is often the most common barrier to a client’s “day in court” when it comes to tax issues, with the Tax Court or federal district courts often dismissing a case for lack of jurisdiction because the taxpayer did not meet one of the myriad of procedural or time-governed requirements. Several recent cases highlight key arguments for taxpayers, as well as a few warnings.

The Education Freedom Tax Credit of the OBBBA By Philip D. Speicher May 2026 One of the lesser discussed provisions of 2025’s One Big Beautiful Bill Act is the Education Freedom Tax Credit (“EFTC”). The EFTC provides a federal tax credit for contributions to approved scholarship organizations who provide funding for various educational resources, including private school tuition, tutoring, special education services, and other elementary and secondary education expenses.

Frequently Asked Questions and Suggested Best Practices Related to Generative Artificial Intelligence in the Legal Profession By Carolyn Elefant January 2026 AI in the practice of law is becoming unavoidable--familiarize yourself with obligations that may arise with usage of AI in your practice, including copyright, plagiarism, disclosure, privacy and confidentiality, duty to supervise, and legal ethics.

Here We Go Again: Challenges to FinCEN’s Residential Real Estate Rule By Sandra D. Mertens April 2026 An update to the FinCEN real estate Final Rule saga: The Eastern District of Texas ruled that FinCEN lacked statutory grounds for issuing its 2024 Final Rule. While the Final Rule is likely to continue to be litigated, attorneys, tax practitioners, and real estate professionals should carefully watch as courts interpret the applicable laws and regulations and FinCEN responds.

Illinois Becomes the Most Recent State to Decouple From Federal QSBS Tax Treatment By J. Christian Manalli September 2026 On June 16, 2026, Illinois passed legislation decoupling the state’s income tax from the federal exclusion for gain from the sale of Qualified Small Business Stock (QSBS) under IRS Code Section 1202. The change is effective for tax years ending on or after Dec. 31, 2026.

Illinois’ Remote Retailer Tax Amnesty Program Begins August 1st By Sandra D. Mertens July 2026 Last year, the IRS announced the 2026 Remote Retailer Tax Amnesty Program which presents a limited time opportunity for remote retailers to resolve past Illinois sales tax liabilities without associated penalties and interest. The program will run from August 1st through October 31st, 2026, which is the time period during which the Remote Retailer Tax Amnesty Application must be submitted.

IRS & FinCEN Tax News Updates From August 2026 By Sandra D. Mertens September 2026 A compilation of updates from the IRS and FinCEN, including digitally authenticated Tax Compliance Report; reminder of the Report of Foreign Bank and Financial Account filing obligations; a final rule that premanently removes the requirement for U.S. companies and U.S. person to report beneficial ownership information to FinCEN; and more.

ISBA Midyear Meeting Highlights From the Federal Taxation Section By Sandra D. Mertens January 2026 The Federal Taxation Section Council met during the Joint Midyear Meeting to discuss business and issues relevant to the tax community, including the One Big Beautiful Bill Act.

June Report From IRS Liaison Office June 2026 A compilation of IRS practitioner updates, shared by IRS agent Danarnell Belarmino, Stakeholder Liaison Area 3 (Chicago), on June 2, 2026.

Mark Your Calendar for Our Upcoming Federal Taxation Section Council Business Meeting July 2026 Don't miss the next Federal Taxation Section Council Business Meeting on August 28!

Mark Your Calendars… March 2026 Don't miss these upcoming events!

Member Appreciation & Recognition Reception Highlights June 2026 On May 14, 2026, ISBA members and colleagues gathered at the beautiful Morton Arboretum in Lisle to celebrate the 2025–26 ISBA Award Recipients, connect with fellow legal professionals, and enjoy an evening of meaningful conversation and camaraderie.

New Lawsuit Highlights Concerns About AI Notetakers: 7 Steps Businesses Should Take By Danielle M. Kays May 2026 Learn more about the 7 steps your business can take to avoid legal and compliance risks that may come with the usage of AI notetaker programs and apps.

New Residential Real Estate Reporting to FinCEN Begins March 1, 2026 By Sandra D. Mertens March 2026 Effective March 1, 2026, a new regulation promulgated by the FinCEN requires a new information report each time a qualifying residential real estate transaction or settlement closes. The new regulation is the next step under the DOT’s longstanding effort to combat money laundering, terrorism financing, and other illicit financial activities.

Note From the Chair: Annual Meeting Report and Exciting Plans for the Federal Tax Section By Michael Duhn July 2026 The new Chair of the Federal Taxation Section Council, Michael Duhn, discusses the June 2026 Annual Meeting, changes to the size of the Federal Taxation Section Council, and upcoming programming and advocacy opportunities.

The One About Passing AI Costs Through to Clients By Carolyn Elefant September 2026 The question presented in this inaugural MyShingle Ethics Opinion: May lawyers pass the costs of artificial intelligence, from subscriptions and platform licenses to metered per-token usage charges, through to clients, and should they? The view of this Opinion is that firms should absorb all AI-related costs as overhead subject to two narrow situations only: extraordinary single-matter consumption that functions like an outside vendor charge, and tools the client directs the lawyer to use.

One Big Beautiful Bill Act: Tax Changes for 2026 for Large and Small Businesses By Sandra D. Mertens January 2026 The One Big Beautiful Bill Act brings many changes to provisions relating to businesses, including business taxes, incentives for rural and agricultural ventures, paid family and medical leave credit, business interest deductions, excess business loss limitations, bonus depreciation, and charitable contributions.

Report on the Committee’s 2026 Washington, D.C. Trip By Michael Duhn June 2026 On May 7-8, 2026, delegates from the Federal Taxation Committee met with Congression representative offices to discuss potential changes in tax law to exclude farmers from the concept of "constructive receipt" regarding delivery and payment of their crops to their respective elevators.

Save the Date for ISBA’s Solo & Small Firm Conference in Peoria July 2026 Join your fellow Federal Taxation Section members in Peoria on September 17–18, 2026, for the ISBA Solo & Small Firm Conference, From Log Cabin to Legacy: Growing and Sustaining a Solo or Small Firm in Illinois.

Spotlight on Section Member Kathryn Garlow March 2026 Learn more about Section Council Member, Kathryn Garlow, including her career trajectory, interests in tax law, and her hobbies.

Transferee Liability for Unpaid Estate Taxes Can Haunt Fiduciaries and Beneficiaries for Decades By Sandra D. Mertens May 2026 The IRS typically does not decide to audit a Form 706 until nine months after the filing date. Moreover, since 2021, estate tax closing letters are not routinely issued, but must be specifically requested with a fee payment. For these reasons, executors and trustees should make sure to work closely with a tax return preparer knowledgeable about estate taxes who can properly advise about the payment deadlines, closing procedures, and consequences for non-payment.

Using AI in Federal Taxation Practice By Sandra D. Mertens July 2026 While even the IRS admits the powerful potential in AI to streamline routine tasks, enhance research, and provide valuable insights, final decisions must always rest with a qualified tax professional who understands the complexities of tax law and ethical standards.

What You Should Know About Kwong, Abdo, and the July 10, 2026, Deadline to Claim Covid-Era Tax Refunds By Sandra D. Mertens June 2026 A series of recent court decisions highlight a unique opportunity for taxpayers to claim certain refunds or abatements of penalties and interest for tax return filing and payment deadlines from January 20, 2020, through July 10, 2023. This article provides a summary overview of the key statutes, judicial opinions, and arguments, as well as steps that must be taken by no later than July 10, 2026, to take advantage of the developments.

Will Proposed Changes to the IRS Voluntary Disclosure Program Prevent Taxpayers From Disclosing Willful Misconduct to the IRS? By Michael Raff & Quin Stack April 2026 As early as June 22, 2026, changes to the IRS Voluntary Disclosure Program are expected to take effect. Clients should act now if they want to participate in the current program, before the revised terms are enacted.