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

Originally published on Forbes.com Sept 15th, 2014

I always love it when regular taxpayers beat the IRS in Tax Court without using lawyers.  Of course, then I get annoyed with the IRS for chasing the wrong people.  The most recent case of that sort I have noted  is that of James Edwards Roberts. Mr. Roberts was in Tax Court over a deficiency notice of $8,274.  The case was about the ordinary taxpayer trifecta – dependency deductions, earned income credit and head of household status. The wrinkle that might have thrown the IRS off is that Mr. Roberts was the children’s grandfather.  Here is the story.

Sometime in January 2012 Mr. Roberts’s daughter and her two children became homeless.  A third grandchild was on the way and was born in 2012.  Mr. Roberts responded to the emergency by entering into an agreement with Tammy Moody.  Mr. Roberts agreed:

….to pay 75% rent and utilities and bear full cost of meals, etc. Both petitioner and Ms. Moody signed and dated the agreement. Petitioner and his two grandchildren, J.A.S. and B.M.S., moved into the apartment in January 2012. J.Z.S. began living in the apartment after March 28, 2012. Petitioner complied with the agreement to provide rent, utilities, and meals. Petitioner and his three grandchildren lived in the apartment until October 2012. During the period between January 16, 2012, and October 2012 petitioner’s daughter also sometimes lived in the apartment and provided nonmonetary care for the three children. Ms. Moody also provided care for the three children when petitioner and petitioner’s daughter were not at the apartment. Expenses that Ms. Moody incurred in caring for the grandchildren were reimbursed by petitioner.

Conceivably the IRS computers were perturbed by a man moving to a new address and all of a sudden having three children as dependents.  Also Mr. Roberts might have been hurt in the eyes of an agent by the fact that the arrangement was temporary – beginning and ending within the same year.  Nonetheless, the IRS seems to have conceded from the outset that their case was a little weak.  The deficiency notice had asserted the accuracy penalty, which is pretty much routine, but they dropped that at the beginning of trial.

The Tax Court went through the requirements for a dependency deduction all of which Mr. Roberts met with respect to his grandchildren.

In order for an individual to be a qualifying child of a taxpayer, section 152(c) requires that the individual: (1) bear a specified relationship to the taxpayer; (2) share the same abode as the taxpayer for more than one-half of the taxable year; (3) meet specified age requirements; and (4) not have provided over one-half of his or her own support for the tax year.

They mystery to me is why when the IRS decided to drop the penalty, they did not drop the case entirely, since, by dropping the penalty, they were indicating that they did not think Mr. Roberts was lying and, given that, it’s pretty clear that he wins.  That the deficiency notice got issued in the first place is perhaps not that surprising given the amount of fraud there is surrounding the earned income credit.  That may have turned the people working those cases into a bunch of cynical bastards.  It wouldn’t take me long. It is worth noting that it was very wise for Mr. Roberts to have entered into the written agreement with Ms. Moody rather than having the arrangement be informal. That extra piece of evidence may have been what won the case for him.