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Most Recent Posts

Phelan Decision Showed How To Get Capital Gains Treatment While Engaging In Development Acitvity

The Phelan brothers were involved in both real estate development and construction.  Along with their partner, they formed a single purpose entity (Jackson Creek Land Corporation-JCLC) to own the particular tract of land in question (which they designated Jackson Creek).  JCLC was considered a partnership for income tax purposes.  The court found the formation and operation of this single purpose entity very significant.  It also noted that the Phelan’s real estate business conducted through other entities concerned commercial real estate rather than residential real estate projects, such as Jackson Creek.

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How Much Of Alimony Tax Gap Is From Gaming The System?

How Much Of Alimony Tax Gap Is From Gaming The System?

Of the 266,190 returns that had discrepancies, IRS examined 10,870.  That is 4% so I guess you could say, you are sharply increasing your chance of being audited by deducting alimony your ex-spouse does not pick up as income.  On the other hand, you and your ex collectively have a 96% chance of getting away with something that is in your face blatantly wrong even though you are, in effect, ratting yourselves out.

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Tax Court Petitions – UPS v USPS – One Letter – Big Difference

Tax Court Petitions – UPS v USPS – One Letter – Big Difference

A timely mailed petition may be treated as though it were timely filed. Sec. 7502(a). Thus, if a petition is received by the Court after the expiration of the 90-day period, it is nevertheless deemed to be timely filed if the date of the U.S. Postal Service postmark stamped on the envelope in which the petition was mailed is within the time prescribed for filing. Id.; sec. 301.7502-1, Proced. & Admin. Regs.

Petitioner did not use the U.S. Postal Service to mail his petition to the Court

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Joint Electronic Returns – Check With The Ex Before Hitting Send Button

Joint Electronic Returns – Check With The Ex Before Hitting Send Button

 A joint return is an irrevocable election – once the due date has passed.  Ms. Bruce filed her return in March, though, at least a couple of weeks before the due date.  So even if she had tacitly consented to the January filing, she changed her mind in time.  So Mr. Bruce is stuck with married filing separate as his filing status.

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Can Somebody Explain Tax Shelters To Thomas Piketty?

My career has spanned the period in which the United States moved from high marginal rates – 70% when I started – to much lower rates and something of a war on tax shelters.  The high marginal rates seemed to create an irresistible impulse to use the tax code as the Swiss Army knife of social policy.  Something tells me that high marginal rates will not all of a sudden give us CEOs who will say “Screw it, I’ll just take 400 grand.  Not much point in having more.”  Rather, there will be a renaissance of shelter activity.

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Former Tampa Bay Buccaneers Owner Scores Touchdown In Tax Court

Former Tampa Bay Buccaneers Owner Scores Touchdown In Tax Court

The parcel had a history of zoning problems and conservation concerns.  There is a bald eagle nest on the property and it is within a wildlife corridor.  The IRS valued the property based on how it is currently zoned.  The PRH appraisal was based on obtaining a higher density and allowing for multi-family housing.  The IRS harped on the former zoning problems, environmental issues and likely neighborhood opposition to multi-family housing

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Nonrecognition On Divorce Transfers Hurts Receiving Spouse

Nonrecognition On Divorce Transfers Hurts Receiving Spouse

We understand petitioner to argue that she had reasonable cause for treating the Distribution as nontaxable income because she contends that she relied in good faith on the advice of her tax professional. Petitioner’s assertion is unsubstantiated. Petitioner did not demonstrate that a tax professional advised her to take the position that the Distribution was nontaxable income. Petitioner’s inclusion of an unauthenticated and unsigned document, purportedly created by her tax professional, does not substantiate her claim. Moreover, there is nothing in the record regarding whether the Distribution was nontaxable income. Additionally, there is nothing in the record demonstrating that petitioner provided the Form 1099-R to her tax professional.

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IRS Cannot Levy Tribal Payments

IRS Cannot Levy Tribal Payments

It is not just the tribes that make per-capita payments.  The State of Alaska also makes a distribution to all its residents, although it is much more modest than what the Puyallup pay.  If you go back to the Founders, you will find that Thomas Paine advocated some sort of per-capita payment to recognize that unlike the state of nature where there were lots of things available if you were willing to do a bit of work, even by the late eighteenth century most of the world was owned by somebody.

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Risk Of At-Risk – Ominous Memo Hints At Fallout From IRS Audits Of Large Partnerships

Risk Of At-Risk – Ominous Memo Hints At Fallout From IRS Audits Of Large Partnerships

The reason that the partnership form is the entity of choice for tax sheltering is that you have basis in your share of the partnership’s liabilities.  Basis is the third hoop you have to jump through to post a negative number on your return.  (The first two, which I will not be discussing are the activity being for profit (Section 183) and the allocation of loss to you being valid (Section 704))Having basis also allows you to take cash out of the entity without recognizing gain.

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