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Most Recent Posts

Do Not Be Pressured Into Signing Last Minute Joint Return

Do Not Be Pressured Into Signing Last Minute Joint Return

Robin is a teacher, who receives a W-2 in January which is handed to Terry to be given to their accountant.  Terry’s accountant really. Terry is a partner in a law firm and has a host of business interests making for a joint return that weighs several pounds.  Once a year, Robin is summoned to sign – quickly, quickly, because we have to get it in the mail right away.  Robin and Terry are splitting, but they were still married on December 31, 2014.  Marital status for tax filing is determined as of the last day of the year.

Even in a pretty toxic marriage, each of the parties will have had some of their needs met.   One of Robin’s needs that has been met in the marriage with Terry was worrying at all about tax compliance.  As the marriage comes apart, there is a temptation to continue having some of those needs met even as you live apart.  This can extend even to those needs as this article by Kristen Houghton title “Is Sex With Your Ex the New From of Monogamy?” indicates.  Whatever the pros and cons of a post-marital roll in the hay might be, beginning with that last return of the marriage, Robin probably needs to take responsibility for tax compliance.

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Tax Court Allows Multimillion Multiyear Arabian Horse Losses

Tax Court Allows Multimillion Multiyear Arabian Horse Losses

If you told that story to some CPAs who had been in the business a long time, you would get two different reactions.  One would be a kind of “There but for the grace of God, go I” and another would be “Well that would never happen with a transaction that my firm was involved with.  We have procedures and policies to avoid that type of thing”.  The latter group is divided into two classes – people who are deluding themselves and liars. The humility of the “grace of God” crowd actually makes it less likely that they’ll screw up that way because they will have a couple of paranoid partners who worry about stuff like that happening.

At any rate, the Metzes “reliance on professional” defense did not work, since they should have noticed that a gain of $2 million or so had slipped through the cracks and they were hit with the accuracy penalty.  Have to wonder whether that will end up coming out of somebody’s malpractice coverage

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