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Most Recent Posts

Kuretski – Was Legal Dream Team Really Trying To Help The Taxpayers?

Kuretski – Was Legal Dream Team Really Trying To Help The Taxpayers?

What strikes me more than anything about this drama is that it is hard to see how it could be helping the taxpayers.  Judge Srinvasan noted that there has never been an instance of a President removing a Tax Court Judge.  Judge Robert Wherry Jr., the Tax Court judge who decided the Keretski case was once accused of falling asleep during a trial, but the notion that the threat of President Obama reaching out and firing him over how he decided a collection due process case seems really silly.  Were the attorneys really maintaining that was a real potential influence?  

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Facade Easement Valuation Cannot Be Percentage Rule Of Thumb

Facade Easement Valuation Cannot Be Percentage Rule Of Thumb

The approach that NAT ended up promoting was to use a percentage valuation that had been accepted in other cases.  If that had worked, it would have ended up being circular reasoning as each valuation in the 10% range would reinforce the notion that that was the correct valuation.  You could see why they would want to do it this way.  It made planning much easier.  Once tax advisors grasped the concept, they could easily see how it would apply to their clients.  Pay something like 1% of the value of your property to a group like NAT and you get a charitable deduction for 10% +/- of its value.  The thing that did not fully register with some people was that in order for the donation to be legitimate the value of your property should actually go down by 10%.

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Step Kids Remain Step Kids After Divorce

Step Kids Remain Step Kids After Divorce

Therefore, petitioner’s divorce did not terminate his stepparent-stepchild relationships with B.E. and H.A. Accordingly, they are petitioner’s stepchildren, thus satisfying the relationship test. We therefore hold that B.E. and H.A. are petitioner’s qualifying children for purposes of the dependency exemption deductions for 2011.

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Does Sixth Circuit ABC Decision Give Tenants Incentive To Buy?

Does Sixth Circuit ABC Decision Give Tenants Incentive To Buy?

Many older leases were written during periods of much higher interest rates.  It would seem that there might be an opportunity here for owners of location-dependent businesses to pay something of a premium over fair market value, based on comparables, while coming out ahead on replacement cost with an immediate tax deduction sweetening the deal.

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Paul Reddam’s KPMG Tax Shelter Stunk In More Ways Than One

Paul Reddam’s KPMG Tax Shelter Stunk In More Ways Than One

Tanina Rostain and Milton Regan in Confidence Games – Lawyers, Accountants, and the Tax Shelter Industry explained the ugly chapter in tax history that this deal is a small part of.  The key to these transactions succeeding was the IRS never finding them.  And the IRS probably would not have found most of them if KPMG and other firms had not been forced to turn over lists.  Congress has been steadily eroding IRS capacity.

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Personal Goodwill Avoids Corporate Tax Exposure

Personal Goodwill Avoids Corporate Tax Exposure

The impending suspension would cause customers to reevaluate whether to trust Bross Trucking and continue to do business with it. Indeed, Mr. Bross expressed his concern to his attorney that Bross Trucking might not be able to perform necessary functions as a result of the suspension. Mr. Bross’s solution was to find or create another business to take over the trucking needs for the Bross family businesses. This is the antithesis of goodwill: Bross Trucking could not expect continued patronage because its customers did not trust it and did not want to continue doing business with it.

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Will National Grid Try Dumping Its Electrons Into Boston Harbor?

I have been reading about all this off-shore money and the proposals to squelch the way companies have been managing their tax liabilities, but a case like this makes me think that a lot of those arrangements might fall apart if the IRS had more resources to chase them.  There is a brain drain from the IRS to the Big Four.  Something tells me that if we were serious about the deficit the Government would reverse that brain drain and hire some of the best and the brightest from public accounting and industry tax departments.  They would know where the bodies are likely buried.

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Your Son The Lawyer Should Not Be Your Exchange Facilitator

Your Son The Lawyer Should Not Be Your Exchange Facilitator

Taxes are complicated and I do my best to simplify things when I can.  The important concept about the “qualified intermediary” was that it not be someone who was your agent, since your agent touching the money was as bad as you touching the money.  “Qualified intermediary” was to some extent defined negatively.  I distilled it to a fairly simple rule.  Anybody that a reasonable business person would trust to hold his money and follow his instructions to acquire the replacement property was disqualified. The QI could not be his lawyer, his accountant, his brother or his partner.

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