Technology Officer Loses Appeal On Capital Gains Treatment From Sale To Google
The main lesson is that you really should get your documentary ducks in a row, before you sign off an agreement. But when you are a small piece of a large deal and you are planning to work for the acquirer the amount of leverage you have is limited. It is really tough to fly in the face of a W-2. The better strategy might have been to pay the tax upfront and then amend and sue for refund. That would have eliminated the penalty exposure and also put the initial decision in district court rather than with the Tax Court.
Venus Flytraps And Elusive Gator On Golf Course Not Worth Millions In Tax Deductions
Rather than attack valuation in this case the IRS argued that the donation did not actually address any of the “conservation purposes” that allow a deduction for contribution of less than an entire interest in real estate. Those purposes are – preservation of land areas for outdoor recreation by, or the education of, the general public – protection of a relatively natural habitat of fish, wildlife, or plants, or similar ecosystem – preservation of open space for the scenic enjoyment of the general public or pursuant to clearly delineated governmental conservation policy – preservation of a historically important land area or a certified historic structure.
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Over and over again courts have said that there is nothing sinister in so arranging one’s affairs as to keep taxes as low as possible. Everybody does so, rich or poor; and all do right, for nobody owes any public duty to pay more than the law demands: taxes are enforced exactions, not voluntary contributions. To demand more in the name of morals is mere cant.