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Newt Gingrich May Beat The Obamacare 3.8% Tax – Can You ?

Newt Gingrich May Beat The Obamacare 3.8% Tax – Can You ?

If year after year after year your adjusted gross income is below $200,000 do you need to be concerned about this ?  You may.  The reason is that you may sell your business someday.  In that year, your adjusted gross income might be very high.  Will the gain from the sale of the business be subject to NIIT ?  It depends on whether you have materially participated in the business or not.  If you have never worried about material participation, up to that point, it may be tough to prove.  As we used to say at the close of the meetings of Troop 193 – Be Prepared

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Sprint Racing Driver Can’t Convince Tax Court He Is In It For The Money

Sprint Racing Driver Can’t Convince Tax Court He Is In It For The Money

His other problem, which is common in hobby loss cases was not having a business plan.  Also, they gave him good marks for keeping thorough records, but they saw the goal of his record-keeping to be focused on substantiation of tax deductions rather than on getting good information to correct his business plan.  This is a pretty common criticism of people who lose hobby loss cases.  What you are supposed to do is alter your behavior if you are losing money.  If you keep on making the same mistakes and losing, you were not really trying and will lose in Tax Court.  If you keep on making new mistakes, then maybe you have a chance.

Although they have not racked up the truly impressive record of Amway IBOs for losing in Tax Court, people who race cars have not done too well lately in hobby loss cases.  If you are involved in car racing and showing consistent losses, start working on your business plan.  And if they take a picture of you behind the wheel, make sure you are not smiling.

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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.