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No Exclusion For Income Earned Over International Waters
While this regulation does not speak directly to the treatment of income earned over international waters, a separate regulation defines the term “foreign country” to mean “any territory under the sovereignty of a government other than that of the United States,” including, among other things, “the territorial waters of the foreign country” and “the air space over the foreign country.”
The regulation thus makes explicit that income earned over waters not subject to any foreign country’s jurisdiction would not be income earned “in a foreign country or countries” for purposes of Section 1.911-3(a). In sum, it is clear that Appellants’ position in this case is completely at odds with IRS’s regulations.
Could Rand Paul Back Kent Hovind?
The big news in Hovindology this week is an inroad into the Rand Paul campaign. First some background for those who have not been following along Hovindication...
IRS Forced To Release Names Of Targeted Groups
The paper identifies the ill-conceived massive 1998 structural reorganization and division (like salami-slicing) of field operations as a major cause of the IRS’s current legal battles and “downward slide.” In its 1998 aftermath, we were all left with an overly centralized Washington IRS National Office and an undermanaged array of field operations. That’s where the Tea Party scandal started; and, even more importantly, it need never be repeated. Indeed, such events must stop!
“With that recognition, change-makers can travel a 2015 bipartisan pathway to addressing a wrong-headed 1998 “solution” to a 1998 non-existent structural problem by introducing a 2015 proposal for a National Office consolidation (slimming down) coupled with a field operations decentralization (closer to customers and ending the practice of absentee senior management without local accountability).
Minority Shareholders Liable For Part Of Corporate Income Tax
The corporate veil exists to protect shareholders from actions taken against the corporation. However, as is seen in Kardash, this protection is not unlimited. Proper capitalization and record keeping, segregation of corporate and personal assets, and following corporate formalities are all requirements necessary to protect the veil. Where significant undercapitalization is present, specifically undercapitalization caused by fraud, the protections afforded by the veil are pierced exposing the shareholders to liability. Taxpayers should take note of the decision in Kardash as it serves as a reminder to respect the separate and distinct nature of the corporate entity.
Detective’s Vacation And Sick Time Not Excluded From Taxable Income
Petitioners similarly cannot demonstrate that any of the 541 hours of unused vacation leave were accrued during his leaves of absence. Officers are limited to banking 200 hours of vacation leave per year and a total of 400. Mr. Speer had 541 hours of vacation leave at retirement because he had not yet lost vacation leave accrued during 2009. Just as with the sick leave, we would need to know Mr. Speer’s vacation history in order to determine whether any of the unused leave was accrued during his leaves of absence. Again, the record does not contain this information.
Kent Hovind Trials – Final Round Of The First Fight – Installment Four
Jonathan Schwartz continues his analysis of the final day of Kent Hovind's March trial along with some commentary on the Hovindication movement. No pictures for this...
New Player In The Kent Hovind Defense
Although Hovindicators tend to group me with the "enemy camp", I have a sincere wish that Kent Hovind would get out of prison sooner rather later. So I find the latest...
Superior Point Of Sale Software Does Not Mix Well With Skimming
Over the years, courts have developed a nonexclusive list of factors that demonstrate fraudulent intent. These badges of fraud include: (1) understatement of income, (2) inadequate maintenance of records, (3) implausible or inconsistent explanations of behavior, (4) concealment of assets or income, (5) failure to cooperate with tax authorities, (6) engaging in illegal activities, (7) an intent to mislead which may be inferred from a pattern of conduct, (8) lack of credibility of the taxpayer’s testimony, (9) failure to file tax returns, (10) filing false documents, (11) failure to make estimated tax payments, and (12) dealing in cash.
From The Boston Tax Institute
Lucien Gauthier has given me permission to reprint his e-mails to his customers. Here is the latest. In Larry Williams v. Comm., TCM 2015-76 (04/16/15), the Tax Court...
Heir Of Honduran Timber Fortune Wins Large Refund In Tax Court
The taxpayer win in this case is encouraging and you really have to wonder why the IRS pushed it so far. The actual intent of the passive activity loss rules was to kill traditional tax shelters. That is not what was going on there in any sense. The take-away from this case is that it would have been a really good idea for Mr. Lamas to have kept a contemporaneous log of his activities on behalf of Shoma. It is also worth noting that Jose Senior’s character building ownership structure of the businesses that he backed back-fired when it came to the passive activity loss rules, since it makes it impossible for someone to group all three as a single activity. You also have to wonder what Mr. Shoajee was thinking when he sent his follow-up letter to the IRS. Using the IRS as a weapon in a business dispute is, well, not good business.