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

Originally published on Forbes.com May 12th, 2013

Nothing like a grandmother beating the IRS in Tax Court to cheer one’s heart on Mother’s Day.  Even better she did not have to hire a lawyer.  Joyce Coultman was a nurse practitioner living with her daughter, grandson and granddaughter.  In 2008, her daughter, Nicole, was unemployed for the entire year. They all lived in Ms. Coultman’s  co-op apartment in Brooklyn.  She was paying all the bills for the apartment.  So she claimed a dependency exemption for her grandson, who is identified by the Court as E.P.  She also claimed head of household filing status, child care credit and the child tax credit.

This is one of the cases where I don’t care what the law is.  She should win. She could be down in Florida enjoying retirement (According to the decision she was 75 at the time of the trial), but she’s still working to take care of the grandkids and the IRS is coming at her over less than four grand.  Go fight crime someplace else.  That’s probably why they haven’t picked me to be a Tax Court judge – among other reasons too numerous to mention.

The argument that the IRS was putting forward was the “tie-breaker” rule.  If E.P. was claimed by both Ms. Coultman and her daughter, the tie-breaker rule would give the exemption to the parent.  Ms. Coultman did not believe that her daughter, who was not employed during 2008, claimed E.P.  The IRS argued that she had, but was unable to introduce any proof.

Ms. Coultman lost on the child care credit because she had no proof of her expenditures not even remembering how much they were.  That’s a shame, but that’s what happens when you have real judges making the decisions.  What I can’t figure out is why the judge did not admonish the IRS for not being able to prove that Ms. Coultman’s daughter claimed the dependency exemption.  Aren’t they supposed to keep the returns ? If they could not find the return of Ms. Coultman’s daughter or anybody who claimed E.P.  (Taxpayers have had to include social security numbers for dependents since the mid-eighties), why had they not settled ?

I wanted to find a video that would be an appropriate way to celebrate a grandmother beating the IRS in Tax Court.  I think this clip of Aishat Maksudova, who killed a wolf with her bare hands and an axe does the trick.

You can follow me on twitter @peterreillycpa.