4albion
2lookingforthegoodwar
3albion
Mary Ann Evans 360x1000
7confidencegames
Anthony McCann2 360x1000
lifeinmiddlemarch2
Storyparadox1
Thomas Piketty1 360x1000
5albion
11632
1defense
Ruth Bader Ginsburg 360x1000
Thomas Piketty2 360x1000
1lafayette
11albion
Lafayette and Jefferson 360x1000
lifeinmiddlemarch1
12albion
3theleastofus
Gilgamesh 360x1000
199
399
299
Margaret Fuller 2 360x1000
1empireofpain
1jesusandjohnwayne
Margaret Fuller1 360x1000
Stormy Daniels 360x1000
Margaret Fuller4 360x1000
Office of Chief Counsel 360x1000
1falsewitness
1confidencegames
Susie King Taylor 360x1000
Spottswood William Robinson 360x1000
2transadentilist
7albion
Tad Friend 360x1000
1paradide
Margaret Fuller 360x1000
10abion
1lookingforthegoodwar
Margaret Fuller3 360x1000
2confidencegames
Susie King Taylor2 360x1000
Richard Posner 360x1000
Brendan Beehan 360x1000
1lauber
2trap
storyparadox2
1gucci
5confidencegames
Edmund Burke 360x1000
3confidencegames
LillianFaderman
James Gould Cozzens 360x1000
1transcendentalist
storyparadox3
Samuel Johnson 360x1000
2paradise
Learned Hand 360x1000
2theleastofus
3defense
2falsewitness
9albion
2albion
Thomas Piketty3 360x1000
1albion
4confidencegames
Betty Friedan 360x1000
6confidencegames
2defense
499
3paradise
Anthony McCann1 360x1000
Adam Gopnik 360x1000
13albion
1theleasofus
George M Cohan and Lerarned Hand 360x1000
2gucci
8albion'
Maria Popova 360x1000
AlexRosenberg
1trap
2lafayette
George F Wil...360x1000
6albion
Maurice B Foley 360x1000
Margaret Fuller2 360x1000
Mark V Holmes 360x1000
14albion
Margaret Fuller5 360x1000
2jesusandjohnwayne
1madoff

Most Recent Posts

Tom Cahill Forgives The FBI

Tom Cahill Forgives The FBI

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

read more

Phantom Mares And Real Trucks Don’t Make For A Winning Horse Loss Tax Case

Still, if the notion of the horse business being part of the dealership business had been better executed, it might have worked.   An approach that occurred to me would have been to have the operation, but not the real estate, inside a single member LLC that was owned by one of the dealerships.  With that approach rather than a big nasty negative number on a Schedule F, the transactions would have just made the positive number from one of the S corporations somewhat lower.  Frankly, this borders on audit lottery advice, but it is really the filing position that is consistent with the unified business argument.

My exposure to dealership accounting is somewhat limited.  At Joseph B Cohan and associates in the 1980s, my buddy Mikey handled the dealerships and I had the low income housing tax shelters, but I picked up a bit here and there.  That makes me think that there might be practical issues that would foreclose running the horse business through the dealership books, since “the factory” can have specific requirements about how the dealership keeps it books.  Still, it might have been worth looking at

read more
Is IRS Ninth Circuit Salus Mundi Win A Pyrrhic Victory?

Is IRS Ninth Circuit Salus Mundi Win A Pyrrhic Victory?

So the interesting question is what will happen if transferee liability is found against Salus Mundi. There may be some theory that could be used to attack the estate of Professor Diebold for handing out all the Foundations resources while the sword of Damocles was over its head.  Something tells me that the IRS will not be able to chase the recipients of the Foundation’s largess.  You never know, though.  If in a couple of years the IRS auction notices include a large pile of Indo-European scholarly works, you’ll know what happened.

read more
Tax Court Rules Wounded Warrior Can Take His Time With The Trash – Merry Christmas

Tax Court Rules Wounded Warrior Can Take His Time With The Trash – Merry Christmas

While noting the absence of logs, Judge Kerrigan indicated that the testimony of the couple was quite credible and allowed for the fact that Mr. Lewis’s disabilities would cause him to take more time with many of the tasks.  Judge Kerrigan did her own “ballpark guestimate” of the weekly routine activities and arrived at 650 hours.  She of course did not call it a “ballpark guestimate”, which is the kiss of death in a 469 case.  The one GD thing after another of non-routine repairs and trouble with tenants easily adds another two hours a week.

read more
The Wheels On The Easement Void The Deduction

The Wheels On The Easement Void The Deduction

Conservation easements seem to have generated quite a bit of tax litigation.  The problem with them from a tax administration viewpoint is that there is a lot of opportunity for collusion of the two sides to the contract.  The big tax savings that the donor is getting are not coming out of the hide of the receiving entity.  On top of that, an easement donor mainly motivated by the deduction will not be very, if at all, concerned about whether any real conservation goals are being met.

read more

Court Rules Churches Can Continue To Conceal Financial Information

The standards of the Evangelical Council on Financial Accountability require that member organizations provide audited financial statements on request.  ECFA is concerned about the effect that financial shenanigans have on non-believers citing Paul’s letter to the Corinthians which states “For we are taking pains go do what is right, not only in the eyes of the Lord but also in the eyes of men.”

The strongest voice I have noted for church financial transparency is that of Reverend Frank Benson Jones.  In his book Stop The Prosperity Preachers he argues that lack of transparency is one of the things that draws the wrong type of people into ministry.  He believes that if the profits were removed, only prophets would remain.

read more
Sixth Circuit Disallows Fool For A Client Defense

Sixth Circuit Disallows Fool For A Client Defense

Many years ago when I was working in the hotel/restaurant industry, I remember a restaurant manager talking about how it was important to have good cash controls to avoid people being led into temptation and harming themselves.  I remember that when I think about the OID fraud.  It should never have worked at all.  Now we have people deservedly serving long prison sentences for being idiots.  It’s very sad.

read more

Exactly What Kind Of A Criminal Might Lois Lerner Be?

It shall be unlawful for any officer or employee of the United States or any person described in section 6103 (n) (or an officer or employee of any such person), or any former officer or employee, willfully to disclose to any person, except as authorized in this title, any return or return information (as defined in section 6103 (b)). Any violation of this paragraph shall be a felony punishable upon conviction by a fine in any amount not exceeding $5,000, or imprisonment of not more than 5 years, or both, together with the costs of prosecution, and if such offense is committed by any officer or employee of the United States, he shall, in addition to any other punishment, be dismissed from office or discharged from employment upon conviction for such offense.

read more
First Circuit Loss For Transgender Prisoner May Have Positive Tax Implications For Others

First Circuit Loss For Transgender Prisoner May Have Positive Tax Implications For Others

I would not rule out a future administration shifting course on that.  If they do, however, I think the Kosilek decision could be used against that future IRS.  This seems counter-intuitive, since Kosilek is clearly a loss for incarcerated people seeking sexual reassignment surgery. If a prisoner is diagnosed as needing SRS, a Department of Corrections will always be able to find some physician somewhere to argue that the SRS is not required and when the judicially recognized deference to corrections official on security matters is thrown in will be able to win, if this decision sticks. A prisoner is entitled to medical care, but not necessarily the medical care that the prisoner prefers.  It’s different in the free world, if you can afford the procedure (and you would not be concerning yourself about tax deductions, if you could not) you are the one who gets to decide which doctor to listen to and all the judges involved in this case have agreed that SRS is a valid medical procedure.  That’s what I see as the positive aspect of this case for the transgender community.

read more