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Most Recent Posts

Preparing For The McRae Curtis Service Showdown On September 11

Based on Steve’s references, Kyle would appear to have made admissions against interest that could result in his motion to vacate the default judgment to be denied, but appearances may be deceptive and Steve may be trying to capitalize on appearances instead of the facts.

As I understand it, at the time indicated in the references, Kyle was not represented by counsel and has no particular legal expertise.  I cannot tell that the defective “service” issue had even been raised by Kyle; perhaps because of his inability to properly evaluate his legal standing.   

Kyle is now represented by Counsel and the first order of business has been to resolve the “service” issue on which the default judgment will either stand or fall.

Ultimately, it appears to me that the issue will hinge on whether or not Kyle’s dwelling and usual place of abode with at his mother’s residence.  If so, it would be uncontested that “service” was effective.

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Conservation Easement Tax Deduction Coverage Round Up

The Senate Finance Committee report on syndicated conservation easement transactions released on August 25, 2020, is a dramatic development.  I have been covering conservation easement tax deductions for nearly a decade and think that a summary of that coverage might be timely.  Articles are in reverse chronological order with brief explanations where the title is not self-explanatory.

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IRS Carves Back TCJA Inventory Relief

The Tax Cuts And Jobs Act created an exemption from keeping inventories for “certain small businesses” that are not tax shelters.

There were three ways out. One was to treat the inventory as “non-incidental materials and supplies”. The next was to treat the goods in the same way as you treated them on an “applicable financial statement”. The third option, for those who did not have an applicable financial statement, was to conform with “books and records of the taxpayer prepared in accordance with the taxpayer’s accounting procedures” (BRAP).

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Dealing With Debt Stress

Have you ever thought about how to manage your unexpected expenses and sudden emergencies when they appear before you? Well, your answer is hidden in the ‘Emergency Fund’. 

The ‘Emergency Fund’ can act as your first line of defense and can cover all your sudden financial emergencies. First, try to save $500 to $1000 in your emergency fund. Later, try to save 3 months to 6 months’ salary in your emergency fund. With an emergency fund in hand, you don’t have to take too much stress about your money and debt repayment.

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An Accountant Looks At The Non Sequitur Lawsuit – The $65,000 Question

There is nothing that odd or unusual in the conflict that Steve McRae and Kyle Davis are having over the Non Sequitur Show.  What is a little unusual is that they are actively litigating given the relatively small stakes, but given how stubborn people can be it is not that unusual.  What is very unusual is that they seem to have gotten thousands of people interested in their dispute and that they are playing it out in such a public manner.  If you go with the theory that there is no such thing as bad publicity and they are in an industry that thrives on views, that peculiarity might be a feature rather than a bug.

If this sort of dispute were going on in an accounting firm or a law firm or a medical practice, it would be kept out of view if at all possible.  And as it happens, this sort of dispute goes on all the time in those and all sorts of other businesses. One of the things that will prevent it from killing the entity is that the players have too much to lose if the entity collapses.

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IRS Veteran Insists That IRS Is Missing Billions In Real Estate Gains

IRS Veteran Insists That IRS Is Missing Billions In Real Estate Gains

Working with a computer expert, Jerry designed an algorithm. The algorithm would look for partnerships with large deficit capital accounts. He was in the big time in Washington so it was a big cutoff. He put out $50 million as the threshold.

And then he traced them into the next year. What he found was that some of them disappeared. There was no final return recognizing gain to bring the deficit up to zero, which is what most practical accountants think is supposed to happen.

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Non Sequitur Lawsuit Divides Hovindologists

Given how many Hovindologists are involved in this some of the Parallels with Hovind are interesting.  Steve’s notion that taxable income can kind of be suspended is a little reminiscent of Kent’s non-statutory trusts. That one is pretty tenuous.  More to the point is the way in which control over the channel compares to Theo’s stealing Kent’s URL and Kent’s fight with Eric over the Creation Science website.  I think I recall Kent having trouble with another renegade webmaster earlier.

And then there is the matter of service, now the key legal issue in the McRae v Curtis suit.  That is what also threatens to kill Hovind’s half-billion-dollar lawsuit.  I noted in my first post on that that they might have a problem doing that properly and it seems that is playing out.

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President’s Executive Order On Payroll Taxes – Some Detail

I am so glad I don’t work for a payroll company. What does “generally is less than” mean? If you are figuring out people’s withholding, you need be exact. For people who have set salaries, you should be able to figure it out, but it is kind of difficult for people whose pay is irregular, which is more common nowadays than it used to be.

The other thing that is odd about the provision is the cliff effect. If you are in the “generally less than $4,000” category it seems like all your social security is deferred, but if you are not then none is

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Conservation Easements -Is IRS Burning The Forest To Save It?

I am not a big fan of using tax incentives to support worthy goals, but it seems that there is no stopping it. As it presently works conservation easement deductions represent a potential for abuse that will continue to exist even after DOJ and class actions attorney finish their march through Georgia which may wreck the professional lives of many accountants, lawyers, appraisers and others attached to the industry.

A better model might be what is done in low-income housing. There is a credit that is limited by state population and doled out annually. That creates an incentive to use the federal tax benefits more wisely.

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