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Most Recent Posts

Actuary In Tax Court Beats Northwestern And IRS On Accuracy Of 1099-R

Actuary In Tax Court Beats Northwestern And IRS On Accuracy Of 1099-R

Contrary to respondent’s position, petitioner raised a reasonable dispute regarding the accuracy of the Form 1099-R. Although petitioner points to relatively minor discrepancies in NML’s records, we agree with petitioner that the discrepancies are of such a nature that their cumulative effect, compounded over the extended terms of the policies in question, would likely be significant and could very well alter the dates that the insurance policies lapsed.

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We're With The Band – Kind Of

We're With The Band – Kind Of

think trying to get a current deduction for backing their daughter’s music management career was probably a bridge too far.  I would have gone for a more conservative approach that would have likely stood up and assured an ultimate ordinary deduction.  Have the band, itself, organize as an LLC with Sara as one of the managing members. Give the Schlieverts a preferred interest with losses allocated based on positive capital accounts.  There would be no Section 183 issue then.  The passive activity rules would defer any deductions, but that is a lot better than having them entirely blown away.

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Organizing Junk Mail Does Not Qualify As Manufacturing

In a modern interconnected economy, distinguishing between “manufacturing” and other activities is silly.
The law’s unwise distinction between “production” activities and other activities encourages taxpayers to try to qualify, and forces the courts to try to draw distinctions.

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JD Salinger – Was January 27 2010 A Good Day To Die

Even more fantastic, was there a contingency plan in place in the event that death occurred late in December ?  How hard would it be to post-date a death certificate under those circumstances ?  It makes a good “ripped from the headlines” plot for Law and Order, but the income tax advantages of the step-up in basis are so sweet that it would actually be stupid estate planning.

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Was JD Salinger Facing A Major Estate Tax Problem ?

The part of the litigation that would be really interesting to the Agent From Hell is this affidavit by Phyllis Westberg.  She opines that a sequel to Catcher in the Rye written by Salinger would command an advance of at least $5,000,000.  It would seem that the “complete history of the Caulfield family” would qualify as at least equivalent to a sequel.   Throw that in with what may turn out to be the greatest World War II novels ever  and some other stuff and AFH will be arguing that there must be something like $50,000,000 worth of manuscripts in that safe.

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Study Shows Taxpayers With Balance Due More Likely To Cheat

Study Shows Taxpayers With Balance Due More Likely To Cheat

Doctor Rees-Jones finds, however, that there is significant bunching near zero balance due and that bunching is more pronounced the higher the income.  I suppose that you could attribute that to just being accurate in estimated payments.  There is more.
The bunching at close to zero balance due is associated with what the Professor calls “income shocks”, the type of income events that are harder to predict

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Are CVS Stores Actually Good 1031 Targets ?

Are CVS Stores Actually Good 1031 Targets ?

The Indiana Board noted that this difference was consistent with CVS’s claim that it used sale-leaseback transactions to sell more than just the ownership rights in its properties; rather, it used those types of transactions as a means to generate additional business capital from investors.

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Blame It On the Lawyers – Creating Basis Out Of Thin Air Not The Taxpayer's Fault

Blame It On the Lawyers – Creating Basis Out Of Thin Air Not The Taxpayer's Fault

There is no statute of limitations if the returns are fraudulent.  That is what the IRS was arguing about the BASR partnerships.  It gets a little sticky though.  The Court did not have any problem agreeing that the professionals involved in the scheme were as Holden Caulfield would say “phony bastards”.  The actual partners, though, were just plain folks, they were relying on the professionals to do the right thing.

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