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Most Recent Posts

Education Of A Tax Court Judge

Education Of A Tax Court Judge

Cadet Lauber’s status as a “rich kid” would not have meant all that much inside the school. Everybody was wearing the same uniform. And not even seniors were driving cars to school. Students could distinguish themselves academically, athletically, with military zeal or in a variety of activities or as authority scorning malcontents.

Asked about the effect of the military aspect of the school he mentioned the strict discipline. But when probed on that he spoke of the Prefect of Discipline, a Jesuit priest. The reign of terror that passed for discipline was actually Jesuit enforced. JROTC just gave it a bit of a military favor with “jug”- Jesuit high school detention – being supervised by cadet officers and NCOs with some marching and standing at attention and hall monitors being designated MPs.

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Tax Court Will Go Dark For December

Tax Court Will Go Dark For December

I actually kind of like the notion of a month of silence from the Tax Court. My original blogging strategy was to read as much current original source material as I could and write about the things that I find interesting. The Tax Court was by far my best source.

Over the years though rather than having my posts be essentially reactions to opinions, I have done more digging. Also I have found that there are ongoing story arcs that demand attention. Kent Hovind alone could keep me going if I had more patience with Youtube. Bottom line is that I have fallen woefully behind in reading current cases and the December hiatus will give me a chance to catch up.

But what will happen to Lew Taishoff? Mr. Taishoff blogs the Tax Court with fierce intensity. He posts on decisions before the ink is dry on them or maybe we should say while the electrons are still excited. And he even goes through the Tax Court orders. Well he has made it through government shutdowns and other dry spells. So I suppose that he will make it through this drought.

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Trump Seven Springs Easement Deduction May Be Reasonable

Trump Seven Springs Easement Deduction May Be Reasonable

The Seven Springs easement is real and it is on a property that he owned a long time. The New York AG probably is politically motivated in pursuing this. The Post has done some really good work here and they weren’t afraid to report a competing narrative, so they deserve a lot of credit. Other than that. Not much to see here, folks.

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Proposed Bill Will Not End Conservation Easement Tax Abuse

The reason the number is 2.5 is that assuming you have a 40% marginal rate that would be your break-even multiple. That is the multiple that the IRS used when it identified deals as listed transactions in 2017. It is possible that the ultimate source of the 2.5 is Stephen Small, an attorney who has crusaded against abusive deals and supported the more benign deals.

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Four Months To Eternity In Prison If Trump Tax Data Leaker Caught

It will probably be a while before we are at cocktail parties or conferences or the like, but if you are at one and the subject of the New York Times disclosures comes up and people start getting into the Trump crimes that might be inferred, you can segue to “But what about the federal crimes the leaker might have committed?” By having actual statutes in mind, you can sound very knowledgeable. Here is what we identified:

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New York Times Trump Tax Story Disappoints

If we want to look at the Trump as masterful dodger narrative, the question would be whether there is anything extraordinary about him given what he is involved in. In his capacity as commercial real estate master of the universe, there is nothing inconsistent with being successful and not paying much in the way of income tax.

The limitation on excess business losses enacted as part of TCJA and suspended as part of the CARES Act illustrates that principle. I had someone with expertise in that area speculating that Trump donates his presidential salary so that he can maintain the real estate professional status required to deduct some of his losses. I discuss that concept here.

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Economist Challenges Assumptions Of Wealth Tax Advocates

What is disturbing is the notion that all the work would go into establishing and collecting the wealth tax only to have to refund it all, with interest. This is a real threat. Dollars to donuts most wealth tax returns with multi-million dollar checks will be followed as night follows day with protective refund claims. The tax will be contested in multiple circuits and the Supreme, little as they like tax cases, will have to deal with it.

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Bipartisan Framework Could Mean Two More Stimulus Checks

Reviewing the bidding of major Covid-19 relief bills, there was the CARES Act passed at the end of March which, inter alia, gave us the Paycheck Protection Program, enhanced unemployment benefits, and stimulus checks.

The Democratic House then passed the HEROES Act in May, which died in the Senate. HEROES included another round of stimulus checks.

The Senate was able to muster a majority for the Delivering Immediate Relief to America’s Families, Schools and Small Businesses Act but not the sixty votes required. “Delivering” delivered on Republican priorities like tort reform and aid to private schools, but had nothing on stimulus checks.

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Major Tax Software Vendor Crashes On Important Due Date

There are three things that are bad about being a day late. The first is that it upsets the clients regardless of any practical impact.

The second is that the penalty for being late with a flow-thorough return is pretty nasty. $205 per month (or part of month) per shareholder or partner. In my career, I have worked on returns with as many as 400 partners. Eighty grand for a day late. That is nasty.

And then there is the matter of elections. No not that election. I know we are having the most divisive presidential election since 1876, if not 1860, God forbid. The elections I am referring to go in with tax returns.

There are a host of possible elections. For example Code Section 248 allows for the expensing of $5,000 of organization costs. That election, like many, includes the requirement:

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