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Most Recent Posts

Final Way Station On The Road To My Forbes Millennium

Final Way Station On The Road To My Forbes Millennium

I have to say that I like Christians a lot, but particularly when they act – you know – Christian.  I also think whackadoodle tax and conspiracy theories are not really good for Christians or anybody, so I am going to keep encouraging them to focus more on feeding the hungry, giving drink to the thirsty and loving their enemies.

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Tom Coburn Tax Decoder Takes On Clergy Tax Abuse

In discussing the abuse of the parsonage allowance, Senator Coburn did not bring up Revenue Ruling 70-549 which allows colleges affiliated with the Church of Christ to pay tax free housing allowances to faculty and administrators, who are members of the Church of Christ.  The most well known beneficiary of this ruling is probably Pepperdine University. The Church of Christ has a priesthood of all believers theology making all members “ministers of the gospel”.  Constitutional scholar Edward Zelinsky, who defends the constitutionality of the cash housing allowance, but believes it is bad tax policy told me that he finds the ruling “unpersuasive” under the existing regulations and case law.

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Federal Tax Exemption Often Not Enough For Local Assessors

Federal Tax Exemption Often Not Enough For Local Assessors

the statute demands, that it be proven that the property for which an exemption is sought be used solely for the charitable purpose.  …

Here, petitioner provided no proofs of ever admitting a patient to Forest Glen without expectation of payment, or for caring for a Medicare or Medicaid patient at the facility. Petitioner asserted the existence of a scholarship fund which was unfunded and never used at Forest Glen. The Tribunal did not err in finding in this instance that the $75,000 write-off was a business practice and not a charity.

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Senator Tom Coburn v. IRC 107

Senator Tom Coburn v. IRC 107

Here is an other guest post from Robert Baty.  Bob is a retired IRS Appeals Officer.  He has something of an obsession with an obscure Revenue Ruling from 1970....

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Did You Hear The One About Lois Lerner Walking Into A Bar?

Did You Hear The One About Lois Lerner Walking Into A Bar?

 Your voter registration drives will be focused on (1) geographic areas generally more supportive of M causes, and (2) unregistered voters on the membership lists of your Affiliates. You have described your Affiliates as “M- oriented.” Like the organization in Situation 2, which only urged voters to vote if they agreed with the position of a particular candidate on a certain issue, you will specifically target your voter registration efforts towards individuals that support M causes.

Since the bulk of these activities are conducted on behalf of and in support of your Affiliates , all private non-profit groups of a “M- orientation” and who mostly are not § 501(c)(3) or § 501(c)(4) organizations, you have not established that these activities are conducted to further a social welfare purpose.

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With Amazon Facing $1.5 Billion Income Tax Bill, Bezos Too Busy To Testify

With Amazon Facing $1.5 Billion Income Tax Bill, Bezos Too Busy To Testify

Judge Lauber has to balance the burden placed on Mr. Bezos against the value of his testimony to the IRS.  Even though the government predicted that the testimony would take less than a day, the broad range of subjects they are addressing would require him to spend substantial time preparing.  In terms of the value of the information, they have already heard from several members of the senior leadership team so any information added by Mr. Bezos would be cumulative or duplicative.

So the subpoena is squashed and only the S-team will be weighing in with top management testimony.

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Iowa Corporation Not Liable For California Corporate Tax From Ownership Of LLC Interest

Iowa Corporation Not Liable For California Corporate Tax From Ownership Of LLC Interest

The reason was that Swart had invested $50,000 in Cypress Equipment Fund XII, LLC.  Swart’s investment in Cypress gave them a 0.2% interest and no management rights.

The California Franchise Tax Board thought that was enough to require Swart to file and pay the minimum tax.  Swart paid, but did not agree.  The company sued for refund.  It argued that either the California statute did not  require them to pay the minimum tax or it was unconstitutional if it did.  Sorry to spoil the suspense, but the Superior Court of California for the County of Fresno ruled in favor of Swart Enterprises.

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Seventh Circuit Will Not Let Tax Protester Blame His Lawyer For Conviction

Seventh Circuit Will Not Let Tax Protester Blame His Lawyer For Conviction

From there, Mr. Stuart’s attorney pretty much let the prosecution run the show, perhaps thinking, not without reason, that the prosecutor was giving plenty of evidence for the defense’s theory.  It is called the Cheek defense.  In a probably futile attempt to dissuade people from drinking the tax protester Kool-Aid, quatloos has posted something titled Here Is The Law That Makes The Average American Liable for the Income Tax (I highly recommend it as a restorative after engaging with whackadoodle tax theories.).  They give a great explanation of the Cheek defense, which has helped a few protesters keep their liberty.

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Chief Counsel Advice Provides Timely Warning About 1099 Filing Requirements

Chief Counsel Advice Provides Timely Warning About 1099 Filing Requirements

So it is coming out of an audit, where the examining agent took to heart the direction to go after backup withholding. Here we have to speculate a bit, but presumably the taxpayer is responding. “Hey. Joes Plumbing Inc. Joes Plumbing LLC. Six of one, half a dozen of the other. That’s not who you send 1099s to .” Sadly it turns out to be 0% of one and 28% of the other. Unless you can show that Joe decided to elect to treat his LLC as a corporation, which is not a high percentage bet.

The thing that I find interesting about this is that it does not seem to be happening as often as it could. If you are a tax preparer and not incorporated does it worry you that your clients are not sending you 1099s? Maybe it should. Or maybe you need to charge more. I mean the threshold is only $600.

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Disabled Veteran Sues Bank Of America Over Erroneous Form 1099-C

Disabled Veteran Sues Bank Of America Over Erroneous Form 1099-C

The worst thing you can do if you receive a 1099-C is to ignore it. You can, of course, simply report the income and pay the tax. If you are in bankruptcy or insolvent, you can use Form 982 to exclude some or all of the income. I have not found authority about what to do if you receive one that is wrong and you can’t get the creditor to reissue. I think most practitioners would put the amount on your Form 1040 and then make another entry to back it out. There is a really good chance that that will work on a practical basis. Most of the case law about people with debt discharge income involves people who took the ignore route.

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