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Most Recent Posts

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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JD Salinger Really Was A Park Avenue Rich Kid

James Gould Cozzens had quite a bit in a common with JD Salinger.  He was a bit older, born in 1903 as compared to Salinger’s 1919.  He was a prep school kid and college drop-out who achieved early literary success.  Cozzens was never part of the New York literary scene.  His wife Sylvia Bernice Baumgarten was a literary agent and took care of all that for him.  Their “seclusion” was about two hours from New York in Lambertville, NJ. 

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Court Rules Against Slots Playing As A Business

Court Rules Against Slots Playing As A Business

Generally speaking the courts will not second guess your money making ideas.  Trieu M. Lee and his spouse played the slots using the principles of Feng Shui and were recognized as engaging in a trade or business by the United States Tax Court.  You have to be ready to show, however, that you are modifying your plan based on experience.  Other trappings of business such as separate accounts are also very helpful.  All in, when you are claiming gambling as a trade or business, you are really taking a chance.  I guess you are used to that or you would have just gotten a part-time job.

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