Learned Hand 360x1000
Thomas Piketty2 360x1000
LillianFaderman
7albion
2lookingforthegoodwar
1theleasofus
George F Wil...360x1000
Mary Ann Evans 360x1000
13albion
2paradise
1empireofpain
2falsewitness
2confidencegames
Margaret Fuller3 360x1000
5confidencegames
1confidencegames
6confidencegames
James Gould Cozzens 360x1000
Margaret Fuller1 360x1000
Samuel Johnson 360x1000
Margaret Fuller4 360x1000
9albion
1albion
1falsewitness
2transadentilist
12albion
Brendan Beehan 360x1000
6albion
2defense
8albion'
11albion
199
11632
1lafayette
Stormy Daniels 360x1000
Edmund Burke 360x1000
Gilgamesh 360x1000
George M Cohan and Lerarned Hand 360x1000
5albion
lifeinmiddlemarch2
Betty Friedan 360x1000
Margaret Fuller2 360x1000
Susie King Taylor2 360x1000
Maria Popova 360x1000
Maurice B Foley 360x1000
storyparadox2
1paradide
Margaret Fuller5 360x1000
3defense
14albion
AlexRosenberg
7confidencegames
2albion
2jesusandjohnwayne
1transcendentalist
Richard Posner 360x1000
4albion
1jesusandjohnwayne
Margaret Fuller 360x1000
3confidencegames
Adam Gopnik 360x1000
Margaret Fuller 2 360x1000
Spottswood William Robinson 360x1000
2gucci
399
Storyparadox1
Tad Friend 360x1000
Lafayette and Jefferson 360x1000
3paradise
299
2lafayette
1lauber
Thomas Piketty3 360x1000
1madoff
1defense
499
Office of Chief Counsel 360x1000
lifeinmiddlemarch1
Susie King Taylor 360x1000
2theleastofus
Mark V Holmes 360x1000
3theleastofus
1trap
Anthony McCann1 360x1000
Thomas Piketty1 360x1000
Anthony McCann2 360x1000
4confidencegames
1lookingforthegoodwar
1gucci
2trap
storyparadox3
Ruth Bader Ginsburg 360x1000
3albion
10abion

Most Recent Posts

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.

read more
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.  

read more
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.

read more
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.

read more

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.

read more
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.

read more
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

read more
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.

read more