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Most Recent Posts

S Election For Cash Basis C Corporation Fraught With Peril

S Election For Cash Basis C Corporation Fraught With Peril

Document the obligation of the company to pay out bonuses based on accrual income, make entries to reflect the obligation and pay them within two and a half months.  Make the payments even if you may have to loan money back for working capital and, of course, be rigorous about executing notes if that is required.

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Military Retirement Pay Veterans Benefits And Divorce Make For Tax Confusion

Military Retirement Pay Veterans Benefits And Divorce Make For Tax Confusion

At the end of the day, this case is about how the benefit of converting from military retirement pay to veterans benefits should be divided.  If the case had gone the other way, half the benefit would have gone to the ex-spouse.  The simple guiding principles should be that when in doubt you go with the disabled veteran, but, of course, those judges can’t just come out and say that.  As a practical matter, divorce agreements allocating military retirement payment should probably explicitly address what happens if the pay is reduced due to veterans benefits.

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Windsor As A Precedent – Much More Than Taxes

Essentially what they are saying is that they don’t have a dog in this fight.  They wanted to turn the money over to the Court and let the prospective beneficiaries argue about it.  Cozen O’Connor knows it has to be pay somebody, but wants the Court to say whom.  Since the Cozen O’Connor plan explicitly incorporated ERISA language in its plan document, the constitutionality of DOMA was critical to the decision.

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F. Lee Bailey Two Million Dollar Tax Lien But Still A Mensch

F. Lee Bailey Two Million Dollar Tax Lien But Still A Mensch

I’m 61 years old and hold CPA licenses from both Florida and Massachusetts, the same states that licensed Mr. Bailey.  If I were ever to lose those two cherished credentials, I could not imagine going to Maine and taking the CPA exam in order to reboot my career.  That’s why I really admire Mr. Bailey’s character.  Maybe spending time in Maine, he has  absorbed some of the Joshua Chamberlain spirit.

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IRS To Collect Estate Tax From Beneficiary After More Than A Decade

IRS To Collect Estate Tax From Beneficiary After More Than A Decade

If an estate is going to be taxable, it might not be such a bad thing to have all the assets concentrated, get the taxes and other debts and expenses paid and distribute the balance.  Although it is not what is happening in this case, in principle, someone who receives property outside of probate might be tagged with a surprise estate tax assessment long after their windfall.

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Rhode Island Not Giving Historic Credit For Journal Entries

Rhode Island Not Giving Historic Credit For Journal Entries

The controller of the management company took pity on me and sat down and explained to me that all those various fees are “just names” for the money that the principals take.  Any actual cash was flushed through an intercompany account and it was up to me to wield my mighty pencil and green analysis paper to make journal entries.

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Internet Password Protocol Not A Charitable Activity

Internet Password Protocol Not A Charitable Activity

Merely providing X to the public for free is not a charitable activity under I.R.C. § 501(c)(3). Furthermore, as stated above, the Service has recognized charitable classes to include the poor, distressed and underprivileged, the aged, and the sick or handicapped. However, the public who may use X is not a recognized charitable class. Thus, you have not shown that you are operated exclusively for one or more exempt purposes.

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Ranching Is A Hard Business But Tax Examiners Can Think It Is Fun

Ranching Is A Hard Business But Tax Examiners Can Think It Is Fun

I think baseball player came after cowboy in terms of my boyhood career choices.  The sentimentality is getting to be too much.  Next thing you know, I’ll be telling you about a 12-year-old boy in a box seat in Shea Stadium watching Jim Bunning pitch a perfect game.  The senior order clerk sitting next to the boy had probably scored the tickets from a client who happened to get particularly good execution in a then much less efficient stock market. The senior order clerk had just over a year left to live.  The game was on Father’s Day.

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