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Most Recent Posts

Use Of Condo By Son Blows 1031 Exchange For State Tax Purposes

Use Of Condo By Son Blows 1031 Exchange For State Tax Purposes

Something that the lovers of federalism who are gutting the IRS enforcement capacity might want to consider is the effect that it will have on states, which will be more inclined to initiate audits of issues that might have been handled federally.  I’ve been noticing more of those cases. From an administrative viewpoint life would be easier, even for taxpayers, if there was only one agency that could make a determination about what your federal adjusted gross income is.

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New Jersey Domestic Partners Lose Estate Benefit By Not Registering

New Jersey Domestic Partners Lose Estate Benefit By Not Registering

It is quite plain that the Legislature authorized limited circumstances – emergency medical situations – in which a couple may be treated like domestic partners, even though they have not executed and filed an Affidavit of Domestic Partnership. The facts of this case do not fall within the exception to the Affidavit requirement. This commonsense provision represents a rational legislative response to challenges a couple may face when confronted with a medical emergency. No similar exigencies are present when a couple neglects to make sufficient estate planning decisions over a period of years during which they might otherwise have obtained a registered domestic partnership.

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Government Shutdown Does Not Convert Prison Time To Probation

Government Shutdown Does Not Convert Prison Time To Probation

What I like about this case is that the original sentencing decision is the type of thing I might have done if I were a judge.  It calls to mind the case of Craig E. Braun, whose sentence for tax evasion was reduced to a fine in reaction to President Ford’s pardon of Richard Nixon.  Apparently, the government did not bother to appeal that one.

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Facade Easement Deduction Allowed

Facade Easement Deduction Allowed

So Ms. Simmons probably did not get much of a free lunch out of this whole thing.  At the maximum rate she would have saved about $34,000.  If they were using the same rate schedule then as now she had to pay L’Enfant about $10,000 (maybe call it $7,000 after tax).  Interestingly L’Enfant charges based on the fair market value of the property, not the easement.  In order, I imagine,  to discourage last minute Louies, as my mother used to say, the fee varies from 42 to 60 basis points depending on when in the year you make the donation.  That leaves about $27,000 in tax savings before you start in with the appraiser and the lawyers.

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Social Security Number May Be Mark Of The Beast But That Will Not Save Your Job

This is not the first time this issue has been litigated.  It went up to the Eighth Circuit in Seaworth v Pearson in 2000 and to the Ninth Circuit in Sutton v Providence St. Joseph Medical Center.  In both those cases, it was held that being forced to “violate the law” would be an undue hardship on the employer.  It seems though, that what the law requires is for the employer to ask for the number and the regulations provide a procedure for employers who don’t receive it.

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Mo Vaughn Strikes Out In District Court Penalties Upheld

Plaintiff does not even contend that he inquired of his agents as to whether his tax returns were filed and his tax liability was paid and that he relied on their false statements that his returns were filed and taxes paid. Instead, Plaintiff simply states he “had every reason to believe … taxes and tax returns were being dealt with appropriately” because “Marshall put on a strict monthly spending budget, and assured that she was working with Krebs to prepare and file all tax returns and pay all taxes owed”

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Should You Follow The Clintons And Do Your QPRT Sooner Rather Than Later?

Should You Follow The Clintons And Do Your QPRT Sooner Rather Than Later?

The uproar over the Clintons doing a QPRT is a little silly.  It is really a pretty plain vanilla technique. Their situation probably gives them the opportunity to do much more exciting things that probably do not leave as much of a public trail.  Bill has been involved with private equity firms, which probably provide him with much greater opportunities to leverage his unified credit. I wonder if they did the QPRT to seem more like just plain folks.

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