Internal Revenue Service News

10 Apr 2017

The 2007 Act: Highways to Waterways

© icarmen13 / Adobe Stock

The Energy Independence and Security Act of 2007 (the 2007 Act) authorized a Short Sea Transportation (SST) Program. As passed by the House, the legislation would have authorized $2 billion for the Maritime Administration (MARAD) Title XI Program and have extended the Capital Construction Fund Program (CCF or Program) to shipyards and operators building and operating vessels in SST services nationwide. Mr. Oberstar and his Congressional co-sponsors were confident that with their proposals in place, the much-discussed use of U.S.

07 Aug 2015

Overseas Shipholding Investors Settle Lawsuit with Execs, Others

Overseas Shipholding Group Inc investors have reached $16.25 million in settlements with the executives, underwriters and an auditor of the tanker company in a lawsuit related to its 2012 bankruptcy and tax problems. Company directors and officers, including former Chief Executive Morten Arntzen and former Chief Financial Officer Myles Itkin, agreed to pay $10.5 million, papers filed in Manhattan federal court on Thursday showed. Underwriters including Citigroup Inc, Deutsche Bank AG and Goldman Sachs Group Inc will pay $4 million, while accounting firm PricewaterhouseCoopers LLP will pay $1.75 million. "We're think its an extraordinary result in an extremely complex case," David Rosenfeld, a lawyer for the plaintiffs, said on Friday.

28 May 2015

Suppression of Random Drug Test Results: A Bad and Unnecessary Decision

Lee Seham

Last September, an Administrative Law Judge (ALJ) unsettled much of the U.S. maritime industry when he dismissed with prejudice a U.S. Coast Guard (USCG) action to revoke a Merchant Mariner’s Credential (MMC) despite his finding that the mariner’s urine had tested positive for cocaine. The case is referred to as USCG v. Hopper, SR-2014-14. American Maritime Safety, Inc. (AMS) considered the Hopper outcome to be a bad decision, both because it imposes harsh evidentiary consequences…

05 Jan 2015

As Interest in LNG Surges, Regulators Struggle to Keep Pace

Joan M. Bondareff

The use of Liquefied Natural Gas (LNG) as a transportation fuel for ships, barges and ferries has surged in recent months. This surge is due, in large part, to the boon in the production of natural gas in the U.S.; new low sulfur rules for the North American Emission Control Area (ECA), which go into effect on January 1, 2015; and new technologies for the construction of engines capable of running on LNG. Regulatory regimes both in the U.S. and worldwide are struggling to keep pace with the tremendous growth of LNG as a fuel.

26 Nov 2014

Choosing the Best Financing Proposal

It isn’t always about the rate. In a robust boatbuilding market – like the one we see now – even the most successful, financially stable operators need to borrow. And, if that newbuild or conversion program involves a significant fleet expansion, then everyone will need to leverage their business model. So, you’ve assembled and sent off your financial package to a handful of lenders, answered most of their questions and now have a number of their proposals or term sheets in front of you. While the proposals are generally similar, some are not, especially from non-commercial marine lenders and may contain arcane language or confusing structure.

14 May 2014

US Trucks Revved Up, Capacity Crisis Revealed

As a polar vortex snarled North America's railroads and upended freight flows this winter, everyone from agricultural giant Cargill to Dow Chemical rushed to secure the next-best form of hauling goods: trucks. In what trucking executives described as an unprecedented bidding frenzy, spot market rates surged by as much as 20 percent to record highs in the first three months of 2014 as shippers sought to minimize sometimes weeks-long delays in rail service. "We've received letters from CEOs from major chemical companies asking us if we can do more," said Bill Marchbank, vice president of operations at Houston-based Trimac Transportation, a leading bulk shipper of liquid chemicals and industrial minerals.

08 Jun 2012

Alexander & Baldwin Finalizes Financing

New A&B Will Have a Well-Capitalized Balance Sheet Providing Strong Liquidity and Financial Flexibility; Receives Favorable IRS Ruling on Tax-Free Nature of Planned Separation. Alexander & Baldwin Holdings, Inc. (NYSE: ALEX)  ("Company"), successor by merger to Alexander & Baldwin, Inc., today announced that, in connection with previously announced plans to separate its transportation and land businesses into two publicly traded companies, it has entered into new financing arrangements for the land business ("New A&B"). The new financing arrangements will provide significant liquidity and support New A&B in the execution of its growth strategies as a stand-alone company and complement separately announced financing arrangements that have been made for Matson Navigation Company, Inc.

01 Feb 2012

Northrop Grumman: Strong 4Q and 2011 Financials

Northrop Grumman Corporation (NYSE: NOC) reported that fourth quarter 2011 earnings from continuing operations increased 80 percent to $550 million, or $2.09 per diluted share, from $306 million, or $1.03 per diluted share, in the fourth quarter of 2010. Fourth quarter 2010 results included a pre-tax charge of $229 million, or $0.50 per diluted share, principally related to premiums paid to redeem $682 million in debt in 2010. Fourth quarter 2011 diluted earnings per share are based on 262.7 million weighted average shares outstanding compared with 296.9 million shares in the fourth quarter of 2010. For 2011, earnings from continuing operations increased 10 percent to $2.1 billion, or $7.41 per diluted share, from $1.9 billion, or $6.32 per diluted share in 2010.

14 Jul 2010

NOC to Consolidate Gulf Coast Shipyards

Northrop Grumman Corporation announced plans to consolidate its Gulf Coast shipbuilding operations and explore strategic alternatives for its Shipbuilding business. As a result of the Gulf Coast consolidation, the company will recognize an estimated pre-tax charge of $113m in the second quarter of 2010. In addition, as previously disclosed, in the second quarter of 2010, the company will record a tax benefit of $296m related to the final settlement with the Internal Revenue Service of tax returns for the years 2004 through 2006. The net impact of the charge and the tax benefit will increase second quarter 2010 earnings from continuing operations by about $0.73 per share. Neither of these items is reflected in the financial guidance the company provided on April 28, 2010.

31 Mar 2010

OMSA Says Offshore Jobs Should Go to Americans

The Offshore Marine Service Association (OMSA),  the association representing the owners and operators of the U.S. “We strongly support efforts to expand our offshore energy resources, whether through opening new areas for oil and gas leasing or alternative sources like wind power and wave generation. This will help America achieve energy independence and create jobs at the same time. Energy expansion offshore and American jobs are connected. But we need to call attention to the fact that an alarming and growing number of foreign vessels are working offshore, taking jobs away from American mariners and work away from American companies. If we are now going to expand offshore energy, we must ensure that the work is done by Americans.

04 Feb 2010

Northrop Grumman Q4 2009 Results

Northrop Grumman Corporation (NYSE: NOC) reported Q4 2009 net earnings of $413 million, or $1.31 per diluted share, and 2009 net earnings of $1.7 billion, or $5.21 per diluted share. In 2008, the company reported a fourth quarter net loss of $2.5 billion, or $7.75 per diluted share, and a net loss for the year of $1.3 billion, or $3.77 per diluted share. 2008 fourth quarter and full year results were significantly impacted by a goodwill impairment charge. In December 2009, the company completed the sale of TASC, Inc. (TASC), its advisory services business, for $1.65 billion in cash and a net gain of $0.05 per share. TASC's operating results are accounted for as discontinued operations, and results for all periods presented in this release have been adjusted for the divestiture.

03 Nov 2009

IRS Focuses on Foreign Vessels Evaiding Taxes

The Offshore Marine Service Association (OMSA) applauded the Internal Revenue Service’s (IRS) recently posted directive to field officers establishing an issue management team in the wake of an IRS analysis indicating that a significant number of foreign vessels permitted to work in the U.S. offshore oil and gas industry aren’t complying with U.S. filing requirements. In the directive, posted last week on the IRS web site, Keith M. Jones, the IRS industry director of  Natural Resources and Construction (NRC), noted that, “In recent years, an increased number of foreign vessels have applied to enter and work in the OCS (Outer Continental Shelf). Our analysis indicates that a significant number of foreign vessels permitted to work in the OCS do not comply with U.S.

21 Oct 2009

Northrop Grumman Q3 2009 Results

Northrop Grumman Corporation (NYSE: NOC) reported that third quarter 2009 earnings from continuing operations totaled $487 million, or $1.52 per diluted share, compared with $509 million, or $1.50 per diluted share, in the third quarter of 2008. Third quarter 2009 net pension adjustment (FAS/CAS) reduced earnings from continuing operations by $47 million, or $0.15 per diluted share, compared with an increase to earnings from continuing operations of $42 million, or $0.13 per diluted share, in the third quarter of 2008. Third quarter 2009 earnings included a net tax benefit of $75 million, or $0.23 per share, primarily for final settlement of the Internal Revenue Service's (IRS) examination of the company's 2001, 2002 and 2003 tax returns.

13 Aug 2009

North American Marine, R. E. Perry Alliance

It is a well-known fact that marine assets are unique, whether they are inland and ocean-going vessels or waterfront properties, shipyards and barge fleeting operations. Making business decisions pertaining to them, especially in today’s market, can be difficult. Consequently, North American Marine Consultants, LLC, and R.E. Perry Company have formed a strategic alliance to better assist their customers in managing their marine assets by providing knowledge-based marine surveying, financial appraisal analyses and brokerage services for vessels and land-based marine assets worldwide. North American Marine Consultants, LLC, a new venture headquartered in St. Louis, Missouri, provides professional marine surveying and appraisal services for inland and ocean-going vessels. The R.E.

29 Dec 2003

Martin Midstream Acquires Marine Services Assets

Martin Midstream Partners L.P. petroleum products. Tesoro's lube oil inventories. lubricant distribution and marketing business. Bank of Canada from $60 million to $80 million. announced acquisition of a terminal and three vessels. for Tesoro's diesel fuel inventories. of MMLP's general partner. MMLP. services to Midstream Fuel Service. was provided through an expansion of MRMC's existing credit facility. acquisition since our initial public offering last year.

19 Jul 2004

Protocol Proposed to Netherlands-U.S. Tax Treaty

President Bush sent a Message to the U.S. Senate transmitting for advice and consent to ratification a Protocol that would, if adopted, modify the Netherlands-U.S. Tax Treaty. Among its many provisions is one that seems, to my non-tax mind, intended to avoid double taxation of income derived from shipping and air transport activities within the other nation’s territory for “qualified persons”. While written in the usual cryptic language of taxation, the provision may be designed to avoid implications of a recent U.S. Internal Revenue Service (IRS) regulation. You may wish to seek advice of an expert tax lawyer. (HK Law)

25 May 2000

IRS Developing Reporting Requirements for Tank Barge Operators

The Internal Revenue Service (IRS) is preparing to implement a reporting system requiring tank barge operators to file monthly reports on deliveries of taxable fuel to and from bulk liquid terminals. The program, dubbed ExSTARS (for Excise Summary Terminal Accounting and Reporting System), is part of a comprehensive IRS initiative to deter evasion of the federal excise tax on fuel products. The IRS estimates excise tax fraud costs the U.S. taxpayer more than $1 billion annually. The federal excise tax is paid by the position holder of record when taxable fuel such as gasoline, diesel, kerosene, etc., leaves a terminal in non-bulk form (i.e., by railcar or truck).

11 Jul 2007

IRS Changes Freight Tax Exemption

The US Internal Revenue Service (IRS) issued final, temporary and proposed regulations recently that significantly change certain requirements to claim the exemption from freight tax. In addition, the regulations clarify that certain activities will be treated as "incidental" to international shipping operations, meaning that income from these incidental activities can qualify for the exemption from freight tax. (Source: HK Law)

18 Apr 2001

Proposed Regulations Regarding Source From Activities in Intl. Waters

The Internal Revenue Service (the "IRS") has issued proposed regulations under section 863 of the Internal Revenue Code of 1986, as amended (the "Code"), providing new rules for determining the source of income from activities conducted in international waters for purposes of U.S. income taxation. These new regulations come shortly after the release last year of regulations under Section 883 of the Code that significantly affected the exemption from U.S. income tax of income from the international operation of a vessel owned by a non-U.S. corporation. While the new regulations also apply to space activities and similar new regulations apply to communication activities, the new rules may have the most significant impact on both U.S.

24 May 2006

Louisiana Economic Development Offer Gulf Opportunity Zone Workshops

Louisiana Economic Development, local economic development organizations and federal agencies are combining forces to host free Gulf Opportunity (GO) Zone Workshops in five Louisiana communities. The seminars will offer local business owners, developers and practitioners a detailed view of how to take advantage of the post-hurricane incentive package. Experts from the U.S. Department of Housing and Urban Development (HUD), the Internal Revenue Service (IRS) and other state and local agencies will inform participants on the tax breaks and bonding options available under the GO Zone Act. These workshops will be particularly valuable for small businesses that may not have considered GO Zone incentives to help restore or expand their companies.

07 Jun 1999

Baker Hughes To Record Second Quarter Tax Benefit

Baker Hughes Inc. will reportedly recognize a tax benefit of $20 million in the second quarter as a result of an agreement with the U.S. Internal Revenue Service to close the audit of the company's fiscal 1994 and 1995 consolidated income tax returns.

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