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Most Recent Posts

Tax Court Not Quick To Find Abuse In Innocent Spouse Case

Tax Court Not Quick To Find Abuse In Innocent Spouse Case

This decision ignores the dynamics of an abusive relationship. In such a relationship, the abuser dominates all aspects of his partner’s life and uses all tactics available to him to control her. A woman in an abusive relationship seeks court redress not as a first resort, but as a last. That this decision fails to look deeper fails women struggling to escape abusive relationships.

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Naming Spousal IRAs After Senator Hutchison – Is That A Priority ?

Naming Spousal IRAs After Senator Hutchison – Is That A Priority ?

I don’t know.  Maybe it is not such a bad thing to do in the middle of a fiscal crisis.  Senator Mikulski is a Democratic and Senator Hutchison is a Republican.  Maybe the “idiots in Congress”, as my blogging buddy Robert Flach refers to them, will think about Senator Mikulski’s speech and be inspired to reach across the aisle and find some common ground.  Who knows ?  Maybe if half of them were women, it would happen.

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Fourth Circuit Upholds Conviction of Gentlemen’s Club Owner

Fourth Circuit Upholds Conviction of Gentlemen’s Club Owner

Although strip clubs may be a “legal business,” the entire strip club industry has the taint of illegality. This taint is an extension of the fact that this industry is based on the sexual exploitation of women for a financial profit. It’s difficult to know where the “legal” exploitation (i.e., dancing pornography) ends and the illegal exploitation (prostitution, sales of narcotics) begins. It’s heartening when government targets this industry in creative ways I suspect your average Pimp thinks little of.

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Warren Buffett And George Soros Want Higher Estate Tax Than Obama Proposes

Warren Buffett And George Soros Want Higher Estate Tax Than Obama Proposes

Richard Rockefeller spoke of the essential role of philanthropy in strengthening the fabric of society, and the role of a responsible estate tax structure in providing incentives for giving.  He added, “If the world I leave behind is one of gated communities, growing inequality and misery among the have-nots, downward mobility for the middle class, a degraded environment and a rotting social and physical infrastructure – then their inheritance will be a shabby one – no matter how much money they get.”

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Can Real Estate Professionals Beat The 3.8% Obamacare Tax ?

Can Real Estate Professionals Beat The 3.8% Obamacare Tax ?

Suppose our broker owns a building that is triple net leased to a credit tenant for a very long term.  He will probably not be able to get out from paying NIIT on the income stream from that property.  If on the other hand he owns a few three-deckers and deals with the tenants himself, by jumping through the proper hoops he can avoid NIIT on the income from the housing units. 

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Newt Gingrich May Beat The Obamacare 3.8% Tax – Can You ?

Newt Gingrich May Beat The Obamacare 3.8% Tax – Can You ?

If year after year after year your adjusted gross income is below $200,000 do you need to be concerned about this ?  You may.  The reason is that you may sell your business someday.  In that year, your adjusted gross income might be very high.  Will the gain from the sale of the business be subject to NIIT ?  It depends on whether you have materially participated in the business or not.  If you have never worried about material participation, up to that point, it may be tough to prove.  As we used to say at the close of the meetings of Troop 193 – Be Prepared

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Sprint Racing Driver Can’t Convince Tax Court He Is In It For The Money

Sprint Racing Driver Can’t Convince Tax Court He Is In It For The Money

His other problem, which is common in hobby loss cases was not having a business plan.  Also, they gave him good marks for keeping thorough records, but they saw the goal of his record-keeping to be focused on substantiation of tax deductions rather than on getting good information to correct his business plan.  This is a pretty common criticism of people who lose hobby loss cases.  What you are supposed to do is alter your behavior if you are losing money.  If you keep on making the same mistakes and losing, you were not really trying and will lose in Tax Court.  If you keep on making new mistakes, then maybe you have a chance.

Although they have not racked up the truly impressive record of Amway IBOs for losing in Tax Court, people who race cars have not done too well lately in hobby loss cases.  If you are involved in car racing and showing consistent losses, start working on your business plan.  And if they take a picture of you behind the wheel, make sure you are not smiling.

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Who Should Be Accelerating Income Into 2012?

Who Should Be Accelerating Income Into 2012?

If the corporation does not have earnings and profits, the sting tax does not apply.  You get rid of earnings and profits with a dividend. If you have been procrastinating on getting on the road to avoiding double taxation, this might be an opportune time.  There are some really ugly stories about people who never got around to it.

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