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Most Recent Posts

New York Springs Sales Tax Trap On Passive LLC Members

New York Springs Sales Tax Trap On Passive LLC Members

If the only thing you have to consider is federal income tax, entity choice can still be a fairly complicated matter.  This case shows that there are other issues that can sneak up on you that have noting to do with federal income tax.  Robert Redford was in the news not long ago about a New York state income tax issue, that probably turned on someone not being aware of how having an S corporation in the chain of ownership affected allocations.  Something tells me that when the decision was made to organize Ask 244 as an LLC rather than an S corporation, nobody was thinking about personal liability of members for sales tax.

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James Traficant Jr. And The Taxpayer’s Burden

James Traficant Jr. And The Taxpayer’s Burden

Mr. Traficant’s place in tax history is fairly solid, as the Sixth Circuit decision has been cited dozens of time since it was issued.  Most recent was the case of Pitcher v Waldman in which Traficant was cited for the principle that fraud can be inferred from circumstantial evidence.  I was surprised that I missed Pitcher v Waldman when it came out in early April since it concerned the ugly breakup of a CPA firm.  I was thinking I need to do a late post on it, but it turns out that Joe Kristan covered it quite well.

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Nevada High Court OKs Tax That Hits Strip Clubs, Exempts NASCAR And Boxing

Nevada High Court OKs Tax That Hits Strip Clubs, Exempts NASCAR And Boxing

The other argument is that because of the various exceptions such as boxing and NASCAR there is a discrimination between adult-oriented entertainment and family-oriented entertainment.  It’s worth noting that there is something a little off about a culture that thinks it is OK for children to see people beating up on one another and crashing cars but not, post infancy anyway, female breasts.  Nonetheless, maybe the clubs have something of an argument there, since “It is what it is”.

In analyzing the claim, the Court notes that the clubs are not starting off from real solid ground.

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Physicians Case Against ObamaCare Knocked Out On Standing

Physicians Case Against ObamaCare Knocked Out On Standing

The doctors argued that there was a violation of separation of powers, although the Court thought it might have been more Article II and the Tenth Amendment.  No matter.  The district court dismissed the case for lack of standing.  The doctors were not arguing about their own taxes.

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For Joint Filing Status You Have To File

For Joint Filing Status You Have To File

Mr. Salzer, whom the Tax Court characterizes as a substantial wage earner, did not file a return in 2010, because he disagreed with government policies.  I have to have some admiration, perhaps grudging, for that, since that type of thing is what got Henry David Thoreau the night in jail that resulted in his writing about civil disobedience.

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CEO At Climate March Calls For Carbon Tax

The tax would be applied at the point of extraction or as the fuel is shipped into the country.  It could be applied either to reduce other taxes or create a per capita rebate to help people to deal with the added cost of, well, just about everything.  Probably the item that has the most emotional impact on a lot of us is the effect on the price of gassing up the car.  According to Geoff a carbon tax that would provide a $1,600 per capita rebate would add twenty cents to a gallon of gas.  OK. Here’s the deal.  I don’t have the capacity to really check that out, so I’m not going to attempt it.

I do, however, think that even if, maybe especially if, you have strong free market views, the principle is sound.  The free market does not work well when there are externalities – costs imposed on people who are not part of the deal.  A carbon tax would force the externalities to be internalized and reflected in the price of goods and services based on the carbon effect of the various transactions as they percolate through the economy.  If you believe that the burning of fossil fuels is doing bad things to the climate, the carbon tax is probably the best free market solution.

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Computer Game Pioneer Trip Hawkins May Escape Tax Debt

Computer Game Pioneer Trip Hawkins May Escape Tax Debt

Mr. Hawkins was not doing anything like that.  The problem that the government had with his behavior is that he kept spending at a level well above his income even though he owed a lot of money.  Since the Ninth Circuit started its opinion out by quoting a remark by F. Scott Fitzgerald to Hemingway “the rich are different than you and me”, I expected something really stupendous about Mr. Hawkins’s lifestyle.  Something Gatsbylike.

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Professional C Corp Denied Deduction For Uncashed Salary Check To Owner

Professional C Corp Denied Deduction For Uncashed Salary Check To Owner

When I think of the simple things that might have avoided this problem, it makes me want to cry.  Mr. Vanney indicates that the corporation could have easily borrowed the money.  So how much would a $200,000 loan for a month or two have cost?  Considerably less than over a quarter of a million dollars in corporate tax.  Alternatively, he could have taken a $400,000 bonus in early December, cashed the check and made a formal documented loan to the company.  Then there would have been enough cash to pay out the balance at the end of December.

There is even a last minute solution that occurs to me.  Instead of cutting a net check for $460,000, make the net check for $250,000 which is deposited in Mr. Vanney’s account to be loaned back if necessary in January.  For the balance of the net pay instead of just making a book entry, have the corporation issue a negotiable promissory note.  Even if the negotiable promissory note, which I think should work, does not stand up, at least, most of the deduction is safe.

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