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Most Recent Posts

Kent Hovind Asks Supporters For Noise And Light To Defend Him

Kent Hovind Asks Supporters For Noise And Light To Defend Him

When I told my covivant about Rudy’s Secret Service interview, I had one of those feeling good about being an American moments. There have been 12 Presidents in the White House during my lifetime.  Three have been shot.  That’s 25%.  Maybe there is another job with that kind of exposure to taking a bullet, but I don’t know what it is.  So I’m glad that the Secret Service takes threats against the President quite seriously.  On the other hand, if you think the President is guilty of a crime punishable by death, you have the right to put that out there.

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Kent Hovind Update

Kent Hovind Update

Kent Hovind has quite a social media campaign going on as we approach his February 9, 2015 trial for mail fraud.  I will be covering it tomorrow (January 12 and 13) on...

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LBJ Unmasked By Phil Nelson

My friend Tom Cahill  has given me permission to republish his letters home from his voluntary exile in France. This is the sixth in the series.  It will be daily until...

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The Stickiness Of Domicile – Hard To Leave State Income Tax Behind

The Stickiness Of Domicile – Hard To Leave State Income Tax Behind

If Frank and Fanny were working for a Big Four accounting firm on a long foreign assignment, the sticky Georgia domicile might not be such a hardship, since most, if not all, of their work income would be covered by the foreign earned income exclusion.  The foreign earned income exclusion does not apply to federal government employees, so it does not help these taxpayers.  

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Can Walgreen Stance On Property Tax Hurt Income Tax Position Of 1031 Investors?

Can Walgreen Stance On Property Tax Hurt Income Tax Position Of 1031 Investors?

Why does this scare me?  Well, if I was what I refer to as the agent from hell and I was auditing somebody who had exchanged into the $4,325,000 Oshkosh Walgreen, I would be inclined to say.  “You know.  It looks to me like your exchange facilitator only put about $1.7 million or so into real estate as it is defined under state law in Wisconsin.  The balance went into a contractual right, which is property not of like kind, making it taxable boot.” Yuck.

If my fear is justified, things would not be good for the sub sub industry that has relied on the pools of 1031 money.  At least one prominent expert, Charles Egerton who is a past chair of the ABA’s Section of Taxation, thinks that my fears may be groundless.  I do have to say though that it troubles me that people are saying that a property is worth one thing when they go to the capital markets and determine whether something qualifies for income tax deferral and something less, a lot less, when it comes to how much they have to chip in for the cops and the fire fighters and the school kiddies, but that’s just me, who might have been the agent from hell, if he hadn’t had the good luck to be hired by Herb Cohan.

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America’s Hitler

My friend Tom Cahill  has given me permission to republish his letters home from his voluntary exile in France. This is the fourth in the series.  It will be daily...

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Dressage Riding Physician Convinces IRS On Hobby Loss Audit But Loses To Massachusetts

Dressage Riding Physician Convinces IRS On Hobby Loss Audit But Loses To Massachusetts

here is little indication in the record that the appellant made any serious effort to develop expertise in the economics of training, leasing and selling horses as a business. The appellant argued that her consultations with various professionals demonstrated that she availed herself of the expertise of others in carrying on her activity. The Board found, however, that the lack of record keeping and lack of payment for these “consultations” was not indicative of a bona fide business relationship. In addition, her consultations with accountants were limited to the preparation of tax returns.

Similarly, the appellant failed to present evidence tending to distinguish her consultations with Wadsworth Farm’s owner and head trainer regarding the purchase and sale of her horses from those of an ordinary high-level amateur rider. Ms. O’Connell testified that she did not assist with the preparation of Dr. Thayer’s profit projections. While Ms. O’Connell and Dr. Thayer consulted often about matters of the horses’ training and wellbeing, Ms. O’Connell did not give any testimony that she advised the appellant with respect to the business of profitably training and selling horses.

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