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Most Recent Posts

Did IRS Target Israel? Suit By Pro-Israel Z Street Will Move Forward

Did IRS Target Israel? Suit By Pro-Israel Z Street Will Move Forward

This lawsuit much like Teapartygate confirms me in my view, that the evaluation of whether an organization’s purposes should allow it exempt status is not something that the IRS should be doing.  There are credits for historic buildings, but it is not the IRS that decides whether the buildings are historic.  The same principle should apply here.

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Ranch Heiress Shows IRS She Is Real Cowgirl

Ms. Marion is not quite as colorful as her great grandfather who founded Four Sixes.  Apparently the story that the name of the ranch comes from the four of a kind hand that won Captain Samuel “Burk” Burnett his first cattle in a poker game is apocryphal, but it is such a good story that it gets repeated.  The only way you could improve it is by having the cattle baron he was betting against holding aces over eights.

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Massachusetts Court Considers Global Warming In Property Tax Case

Massachusetts Court Considers Global Warming In Property Tax Case

You might wonder why the Town of Hawley fought this case so hard.  Apparently, the woods to people ratio in Hawley is high enough that exempting a lot of forest could be a real hardship. If you take a look at the vicinity of Hawley on google maps, you will note that there is no local shortage of trees.  In the last census, the town had a population of 337.  The town’s website indicates that it may not be done with the struggle

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American Atheists Denied Standing To Challenge Church Tax Breaks

American Atheists Denied Standing To Challenge Church Tax Breaks

The Atheists argue that as a direct consequence of the IRS’s allegedly discriminatory policies, they are injured by being forced “to (1) submit an application for exemption, (2) file Form 1023, or (3) pay the 501(c)(3) application fee that is up to $850,” which establishes their injury is concrete and particularized, and far from conjectural or hypothetical.

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Tax Court Threatens To Sanction Courtroom Commando Mac MacPherson

Tax Court Threatens To Sanction Courtroom Commando Mac MacPherson

If “Mac” ultimately gets his clients out of having to pay, because the IRS flubbed on the paperwork, I will have to tip my hat to him for a masterful piece of work.  Even if he loses, I still can’t knock him for being overzealous.  On the other hand, I go back to my original take on the case.  I think the collection due process system and under-funding of IRS compliance efforts is trending to, in practice, making income tax payment close to optional.  

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TIGTA Alimony Report May Cause Crisis Of Conscience Among Tax Professionals

TIGTA Alimony Report May Cause Crisis Of Conscience Among Tax Professionals

The bottom line is that I used to believe that when I was telling people to do the right thing, I was also telling them to do the smart thing – that the risk of non-compliance outweighs the benefits.  That confidence has been eroding in me for some time with respect to people who just want to maximize their lifestyle and are not too worried about their credit rating, but knowing now that something so blatantly wrong will more than likely slide by, not because the IRS can’t find it, but just because they lack the resources to look into it is very disturbing.

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Real Estate Dealer Or Investor – Can’t Switch At Drop Of Hat

Real Estate Dealer Or Investor – Can’t Switch At Drop Of Hat

I’m just a lowly CPA, but I think a critical point was missed in the decision.  The Court attributes everything that happened from 2002 on to Mr. Boree.  If Glen Falls LLC was a partnership up till 2005, what happened before then was not relevant.  Mr. Boree gets a fresh start in his purpose in holding the property at the deemed liquidation of the partnership.  By conflating the two, the Tax Court appears to be contradicting its holding in the Phelan decision.  Of course, it appears that Mr. Boree did not really take advantage of the fresh start.  Nonetheless, I think that more careful planning and the introduction of one or more special-purpose entities might have enabled Mr. Boree to achieve capital gains treatment on a significant part of the transaction.

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