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Most Recent Posts

Abolish The IRS – Sort Of – Then What?

Abolish The IRS – Sort Of – Then What?

The Tax Reform Act of 1986 cut rates and did a good bit of simplifying, but it did not take long for complexity to be layered on.  Where will the political will come from to not complicate the FAIR Tax?  States with sales taxes have all sorts of exemptions and a tendency to sometimes declare sales tax holidays.  I find it inconceivable that industries and interests favored under the income tax will not seek special treatment under the sales tax.

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Appreciation And A Strong Manager Win Hobby Loss Case

Appreciation And A Strong Manager Win Hobby Loss Case

Where land is purchased or held primarily with the intent to profit from increase in its value, and the taxpayer also engages in farming on such land, the farming and the holding of the land will ordinarily be considered a single activity only if the farming activity reduces the net cost of carrying the land for its appreciation in value.

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Some Of The Tax Developments I Covered In 2022

Some Of The Tax Developments I Covered In 2022

To be attached to the subdivision, to love the little platoon we belong to in society, is the first principle (the germ as it were) of public affections.  It is the first link in the series by which we proceed towards a love to our country, and to mankind.

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IRS Versus Dubious Conservation Easements In 2022 – Mixed Results

IRS Versus Dubious Conservation Easements In 2022 – Mixed Results

The massive appropriations bill that just passed the Senate and House includes a long sought amendment to suppress syndicated deals. It will cap deductions at 250% of partners basis when there is less than a three year hold.  This of course does not eliminate all abusive transactions just some of the more outrageous one.

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EO Tax Journal Editor Proposes Elimination Of All Charitable Deductions

EO Tax Journal Editor Proposes Elimination Of All Charitable Deductions

Much of giving by the wealthy redounds to their benefit. One, their benefit is compounded if they give appreciated property such as stock. Two, their benefit is further compounded if they give property that requires an appraisal, since appraisals are notoriously high. I’m not saying the wealthy should not give, but why should they be subsidized by the tax code, especially when most others are not?

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Should You Invest In A Syndicated Conservation Easement ?

The value of an easement is the fair market value of property before the easement less the value of the property as encumbered by the easement.  The industry argues that the procedure for determining the before FMV is different in the case of the easement.  It is not.  Given that the market for undeveloped land, imperfect as it may be, is not populated with idiots, promoters cannot routinely acquire properties and have them in relatively short order be worth a multiple of what they acquired them for..  That’s why I think the industry is based on nonsense.

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IRS Successfully Attacks Tax Shelter With Hobby Loss Rule

IRS Successfully Attacks Tax Shelter With Hobby Loss Rule

So the lenses were never actually placed in service.  There were basis issues with the way they were financed.  There was no meaningful participation by the Olsens to satisfy the requirements of Section 469.  Other than that Mrs. Lincoln how did you enjoy the play? Well there is also 183 to worry about.

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Conservation Easement Syndicates Outlawyering IRS

Conservation Easement Syndicates Outlawyering IRS

This is not the first time that APA has been used against the IRS in the conservation easement fight.  In the Hewitt decision in the Eleventh Circuit nearly a year ago the court invalidated a regulation interpreting the perpetuity requirement. In the Court’s opinion Treasury had not given sufficient consideration to a comment submitted by the New York Land Conservancy.

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On Tax Writing Rabbit Holes

On Tax Writing Rabbit Holes

I had really cut back not even including a reference to the fact that the 69th was the First Regiment of the Irish Brigade during the Late Unpleasantness which produced another famous chaplain – Father William Corby (He was with the 88th New York).  Father Corby would become president of Notre Dame.  Father Stephen Duncan who reenacts Father Corby told me that the “Fighting Irish” nickname of Notre Dame comes from Father Corby’s service to the Brigade.

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MR. REILLY’S CONUNDRUM

MR. REILLY’S CONUNDRUM

That opinion” is, of course, the hallowed Cohan v. Com’r, 11 B.T.A. 743 (1928), re’d in part 39 F. 2d 540 (2 Cir, 1930).. George M., theatrical legend whose graven image overlooks the cut-rate ticket outlet at 48th & Broadway on this Minor Outlying Island off the Coast of North America, starred in this epic.

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