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Most Recent Posts

Review Of Julian Block’s Home Seller’s Tax Guide

Review Of Julian Block’s Home Seller’s Tax Guide

Of course planning for the exclusion is not the only issue.  There is the matter of actually determining your gain.  Julian provides a lot of advice on that including some that would be good to follow well before you are thinking of selling.  This was where I picked up another tip, that had never occurred to me.  Owners of condominiums and cooperative apartments should be sure to include capital assessments that that they have paid over the years to their basis when they compute gain on sale.  Then there is the stuff on divorce, estates and, don’t get me started, community property.

I think that most readers will find that Julian makes some fairly complicated matters accessible to readers.  I would say that this book borders on a must read for realtors and attorneys who handle a lot of home sales and homeowners who prepare their own returns.  A hard copy can be ordered from Julian’s site and it is also available on Kindle.  Used copies are being sold on Amazon for a small fortune, but I don’t quite get what is going on there.  Better you should buy six copies direct from Julian and give them to your friends.

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Evidence That Judge Did Not Call Kent Hovind’s Crimes Worse Than Rape

When the federal government prosecuted Young Earth Creationist Kent Hovind for actions he took while in prison to affect the title to property seized by the government as the result of his first conviction a vigorous social media campaign emerged in his defense.  It’s flagship website is #FreeKent and the primary youtube channel is Rudy Davis’s LoneStar1776. Kent Hovind’s defenders constructed a narrative of a godly man who had not broken any laws being persecuted by altogether wicked people -judge, prosecutors and IRS agents- because he was so successful in exposing the lie of evolution, one of the key components of the Satanic plan to impose a New World Order.

One of the key elements in the narrative was the “worse than rape” statement which was taken as one of the proofs that Judge Margaret Casey Rodgers is altogether wicked.

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Judicial Watch Reveals That They Read Tax Blogs At IRS

Judicial Watch Reveals That They Read Tax Blogs At IRS

The weight of the “blockbuster documents” seems to support the notion that this was a case of tax geeks stepping on a land mine.  The issue of whether the gift tax applies to 501(c)(4) contributions remains unresolved so one revenue agent in the exempt group making a referral to estates and gifts is hardly shocking.  Whoever got the referral in estates and gifts, when they looked into the matter would find that there was strong support for raising the issue.

There was one email where someone was wondering how it had all happened and whether there needed to be controls over those type of referals to make sure everybody relevant knew what was going on.  I suspect that Frank Wolpe who has written on the baleful effects of the IRS reorganization in the ninetites would attribute the problem to the silo style of management.

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Divorce Has Tax Traps – Get Some Advice

Divorce Has Tax Traps – Get Some Advice

Petitioner’s argument that the transfer of $80,000 (the fair market value of the Sweet Briar property) was deductible as an alimony payment fails because it was not a payment in cash. Instead the transfer was a transfer of property and therefore does not constitute an alimony payment. Although petitioner and Mr. Williams agreed that petitioner’s transfer of the Sweet Briar property would replace $80,000 of petitioner’s alimony obligation, the intent of the parties does not determine the deductibility of a payment as alimony under section 71. See Okerson v. Commissioner, 123 T.C. 258, 264-265 (2004). Instead the test for [*7] whether a payment is deductible as alimony is a straightforward, objective test that rests entirely on the fulfillment of explicit requirements set forth in section 71, including that the payment be made in cash or a cash equivalent.

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IRS Defends Its Policy Of Not Penalizing Small Errors

IRS Defends Its Policy Of Not Penalizing Small Errors

The big argument between TIGTA and IRS is on the negligence penalty. TIGTA being a bunch of hard-assed internal auditors figures that if somebody omits income they were negligent – end of story. (Remember the negligence penalty is for the misstatements that misstate the tax by less than 10%). The programmatic approach of AUP is to let people off with a warning the first time. Thus the for the lower understatements a negligence penalty is only proposed for “repeaters” i.e. somebody who has previously been dinged in the last four years. TIGTA does not think there is any support for this easy going approach.

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President Obama Challenges IRS Scandal Narrative

There is one thing that I noticed that is subtle, but I think a big deal.  Stewart did not ask the President about the IRS (His main focus was the Veterans Administration).  The President picked the IRS to use as an example.  In less than two minutes he denied the primary scandal narrative, called for more resources for the IRS and called for corporate tax reform.

Supporters of the scandal narrative can, of course, point out many particulars that are not addressed in the President’s statement – hard drives, the TIGTA report that indicated inappropriate criteria were used.  On the other hand they have yet to come up with that really great smoking gun piece of evidence that links the President to all the tsoris that Lois Lerner and the Cincinnati gang that couldn’t sort straight dished out to Tea Party applicants for exempt status. Too bad that the President watched the Watergate hearings when he was a kid and knows better than to have damning tapes like the one I imagined back in January.

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Corporate Advances Kill Individual Charitable Deduction

Corporate Advances Kill Individual Charitable Deduction

At the end of certain months in 2004 and 2005, however, Zavadil’s personal bank account had insufficient funds to reimburse American Solutions for the amount recorded on the ledger. For those months, Zavadil and American Solutions employed a system of advances that allowed the ledger to reflect a zero balance at the end of the month. At the end of each month, Zavadil wrote a personal check to the company, and the company brought the ledger balance to zero. At the beginning of the next month, however, American Solutions advanced funds to Zavadil’s personal bank account to cover some or all of the amount of the check, recorded the advance as an expense on the ledger, and then cashed the personal check received at the end of the previous month

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IRS Denies Exempt Status To Group Helping Undocumented Aliens Leave USA

IRS Denies Exempt Status To Group Helping Undocumented Aliens Leave USA

I have been unable to penetrate the redaction on this ruling, so I have no candidates for the particular organization that was denied exempt status by this ruling.  Reading between the lines of the ruling, it does seem to be coming from a place of right-wing populism, that I am not really that sympathetic with.  Nonetheless, I think the IRS case for denying exempt status is on the weak side.

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