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Most Recent Posts

With Large Charitable Contributions Aim For More Than Substantial Compliance

With Large Charitable Contributions Aim For More Than Substantial Compliance

We can use this opinion to illustrate three of Reilly’s Laws of Tax Planning – The Fourth – Execution isn’t everything but it’s a lot – ,The Seventh – Read the instructions -, and The Sixteenth – Being right without substantiation can be as bad as being wrong. You can quibble about the 16th, since there was a good bit of substantiation. It was just not quite what was required.

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Wealth Tax Bill Act Would Double IRS Enforcement Budget

They are arguing that the 1895 decision that struck down the income tax can be ignored even though contemporaries concluded that it required a constitutional amendment to allow an income tax on income from all sources. Basically the scholars who are blithe about the constitutionality of the wealth tax say “Well Pollock was just wrong.  Let’s not worry about it even though it provoked a constitutional amendment.”

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Stimulus Checks And Your 2020 Return – Hurry Up Or Wait ?

What makes it confusing is that the actual credit is determined on the 2021 return.  There is a true-up then with the advance payment, but the true-up only goes one way i.e. in favor of the taxpayer.  You can come out ahead if you get an advance payment that is more than the 2021 credit.

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Taking Another Look At The Hazards Of Filing Form 1099

Taking Another Look At The Hazards Of Filing Form 1099

“Acrimony in litigation is not at all unusual, and advisers may find clients who want to “turn in” the opposition in a case to the IRS.  This case serves as a cautionary tale about the risks of doing so”.  Both sides complained to the IRS about the other and nothing good is likely to come of that.  Still, much as I think some of Mr. Waldman’s behavior might have been unwise, I don’t see the reporting as fraudulent.

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The “Hey Hey Just Don’t Pay” Tax Strategy

I find this situation demoralizing.  I believe that making an effort to be reasonably tax compliant (Perfection is impossible unless your situation is pretty simple) is one of the duties of good citizenship. I also used to believe that it was prudent even for people who are of the “taxation is theft” school of thought.  I am doubtful of the latter now.  It is still too risky for my taste, but I can’t make the argument that scofflaws are being reckless.

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Mann Case Sets Precedent For Building Material Reuse Tax Charitable Valuation

Mann Case Sets Precedent For Building Material Reuse Tax Charitable Valuation

The recipient not-for profit is responsible for providing the final inventory, but it is good practice for donors to keep their own records and photographs.  If you are donating a “whole house” the house will be relocated off your property.  Otherwise you are donating pieces of the house.  Material destroyed in the deconstruction is not part of what you get credit for in valuing your deduction.

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Judge In Tax Protester Case Pushed IRS To Investigate Promoter Glen Stoll

Judge In Tax Protester Case Pushed IRS To Investigate Promoter Glen Stoll

Stoll had been blatantly violating a federal court injunction for 15 years and the government did nothing. The United States and IRS CID focus far too much on the victims of these tax fraud promoters and not nearly enough on the systemic and institutional threat that Stoll’s financial terrorism represents. Low hanging fruit like the Brady’s should never have been at the top of the government’s list.  It is an embarrassment that Mr. Stoll would have continued to thumb his nose at the government except for the strong, and unusual, intervention by Judge Jones to demand that, in addition to the Brady’s, Stoll be investigated and prosecuted.

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Reuse Appraiser Pleased IRS Finally Taking Action On Abuses

Reuse Appraiser Pleased IRS Finally Taking Action On Abuses

A lot of emphasis is being placed on proper protocols within our industry and the pros and cons of specific practices are being considered.  Appraisal associations, the IRS, TAF, USPAP, and industry stakeholders are all contributing to this effort.  While the Mann and Loube cases do little to affect change within the reuse appraisal specialty, simply having the outcome available to set precedence is a powerful tool and eliminates the unchecked perpetuation of the practices and methodologies outlined in the case.

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