Lafayette and Jefferson 360x1000
5confidencegames
4confidencegames
2gucci
11632
Samuel Johnson 360x1000
3confidencegames
Mary Ann Evans 360x1000
1jesusandjohnwayne
13albion
9albion
Mark V Holmes 360x1000
Margaret Fuller3 360x1000
Spottswood William Robinson 360x1000
1falsewitness
7confidencegames
2falsewitness
299
George F Wil...360x1000
199
Storyparadox1
2confidencegames
1lookingforthegoodwar
Anthony McCann2 360x1000
1madoff
Office of Chief Counsel 360x1000
11albion
1empireofpain
Margaret Fuller 360x1000
1defense
499
399
Tad Friend 360x1000
3paradise
1lafayette
AlexRosenberg
3theleastofus
Thomas Piketty2 360x1000
7albion
Margaret Fuller4 360x1000
1trap
1confidencegames
James Gould Cozzens 360x1000
Susie King Taylor 360x1000
Betty Friedan 360x1000
2theleastofus
1paradide
2defense
6confidencegames
storyparadox2
LillianFaderman
1albion
Learned Hand 360x1000
2albion
3defense
12albion
Ruth Bader Ginsburg 360x1000
2paradise
Gilgamesh 360x1000
Richard Posner 360x1000
4albion
10abion
2lookingforthegoodwar
lifeinmiddlemarch2
8albion'
5albion
2lafayette
Anthony McCann1 360x1000
14albion
2trap
Margaret Fuller2 360x1000
Susie King Taylor2 360x1000
Maria Popova 360x1000
Maurice B Foley 360x1000
Stormy Daniels 360x1000
storyparadox3
Adam Gopnik 360x1000
Margaret Fuller 2 360x1000
2transadentilist
Edmund Burke 360x1000
Brendan Beehan 360x1000
1theleasofus
Margaret Fuller1 360x1000
1gucci
6albion
1lauber
lifeinmiddlemarch1
George M Cohan and Lerarned Hand 360x1000
Thomas Piketty1 360x1000
Margaret Fuller5 360x1000
1transcendentalist
3albion
Thomas Piketty3 360x1000
2jesusandjohnwayne

Originally published on Passive Activities and Other Oxymorons on January 3rd, 2011.
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I still have a good backlog of 2010 material, that isn’t blossoming into full length posts so here are a few quickies.

CCA 201048042

I’m involved in doing a lot of partnership returns and I think we do a pretty good job.  One of the trickier parts is the liabilities section on the K-1.  From our individual practice, I get to see a lot of the K-1’s that are prepared elsewhere.  Often it is pretty clear that they are wrong.  Frequently it does not matter, but sometimes it does.  A large deficit capital balance with no liability allocation is an example of a likely error. This CCA provides a little bit of a warning in deal with clearly erroneous K-1’s.
Section 6222 requires the partners to report the amount and allocation of liabilities consistent with the partnership return unless they file a Notice of Inconsistent Treatment on Form 8082. In the absence of such a filing we are permitted to make an assessment without issuing a FPAA. I.R.C. 6222(c). They filed no such notice here so we do not need to conduct a TEFRA proceeding to make the assessment. Since outside basis is an affected item requiring partner-level determinations, however, we would have to issue an affected item notice of deficiency in order to assess a distribution in excess of basis. In the stat notice proceeding they could arguably rely on Roberts v. Commissioner, 94 T.C. 853, 860 (1990) to allege that the partnership books and records reflect the nonrecourse debt in issue, their reporting is consistent with the actual partnership books and records, and that the Schedule K-1 issued to them was incorrect. Cf. Treas. Reg. 301.6222(b)-3 (incorrect schedule provided to partner).

Private Letter Ruling 201048025, 12/03/2010

Code Sec. 1031(f); won’t make benefits of Code Sec. 1031(a); unavailable to corp. under described circumstances provided that taxpayer, related party, and any affiliate undertaking exchange hold their respective replacement property for two years following their respective acquisition of replacement property.

This was a fairly convoluted set of facts.  It involves a sequence of related party exchanges.  I think the point of it was that since there was no ultimate cash out, nobody was getting away with anything.  I’d appreciate any comments that anybody else who has studied this ruling might have.

Lori A. Malchow-Bartlett v. Commissioner, TC Memo 2010-271

Taxpayer was denied deduction for use of home for day care, because she was not properly licensed :

Under section 280A(c)(4)(A), a taxpayer may be allowed business expense deductions relating to use of a residence to conduct child day care services. However, the deductions are allowed only where the taxpayer has obtained, or has applied for and has pending, a license to conduct child daycare services under applicable State law or is exempt from obtaining a license therefor under applicable State law. Sec. 280A(c)(4)(B).

The court concluded that taxpayer acted in good faith so no penalties were assessed.

U.S. v. BEDFORD, Cite as 106 AFTR 2d 2010-7271, 12/09/2010

This case is really outside my area of interest.  It is a criminal appeal.  The thing that got him in trouble was kind of interesting though.



The genesis of this case involved a business called Tower Executive Resources that billed itself as an executive recruitment business. In fact, Tower promoted to its members the opportunity to protect assets and to enjoy tax deferral through an offshore venture. Tower marketed its asset protection services to select clients through seminars at which Defendant and others spoke.

Essentially, clients learned at these seminars how to create bogus corporate entities called “international business corporations,” referred to as IBC-1s and IBC-2s. IBC-1s were domestic corporations that would hire and pay IBC-2s, foreign corporations, to perform services for the IBC-1s. Those services did not actually occur.


Mohamed M. Magan v. Commissioner, TC Summary Opinion 2010-173

In January 2007, petitioner moved from the State of Minnesota to the State of California in order to be closer to his sister and her family. Throughout 2007 petitioner’s sister was married and lived with her husband and five children in a single- family home. Petitioner’s sister was a stay-at-home mom and her husband was a full-time student who only started working in late 2007.


From January to August 2007, petitioner worked nights. Although petitioner did not live with his sister and her family during this time, he would spend much of his time at their home helping with childcare and doing the family’s errands. In addition to assisting with childcare and errands, petitioner also provided his sister’s family with financial assistance.


In August 2007, petitioner obtained a job located far away from where his sister and her family lived. For the remainder of 2007, petitioner was unable to help his sister with child care and errands, but he continued to provide financial assistance.

Petitioner claims that he is entitled to dependency exemption deductions for his two nieces because he provided financial assistance, as well as help with child care and the family’s errands. We commend petitioner for contributing to the support of his sister’s family. However, he has not demonstrated that he and his nieces shared the same principal place of abode for any portion, much less for more than one-half, of the taxable year in issue.

I thought the commendation from the Tax Court was a nice touch, even thought they couldn’t help the poor guy, who seems to have deserved a break.

It looks like January will have a few more post like this as I work through my backlog.  If anything really significant develops, I’ll be sure to do a bonus post.