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Most Recent Posts

More On The Mormon Ensigngate

I have expressed the view that there is probably nothing for the IRS to investigate. Still, much of what Lars Nielsen, the whistleblower’s brother, has to say in his long video is worthy of attention and I agree with some of the reforms that he proposes

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$100B In Mormon Till Does Not Merit IRS Attention

If LDS has accumulated $100 billion and not been transparent about it, it is really up to the members to deal with their leadership. If it is bad policy to allow exempt organizations to accumulate so much, Congress should change the law. There is really nothing here for the IRS to do making the whistleblower complaint pure drama.

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IRS Wins Most Hobby Loss Cases But Don’t Let That Intimidate You

If your client has something that they want to do and can tell you with a straight face that they are trying to make money at it, you should counsel them to take the losses, but only if they are willing to act in a businesslike manner. Separate accounts. Strong substantiation. But most importantly at least once a year talk to your client about why there were losses and what they are going to do differently in the future in order to change things. Document those discussions.

It does not matter that profitability is improbable, it just has to be sincerely pursued.

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Tax Planning For The High Salary Pauper

Tax Planning For The High Salary Pauper

Back in days of very high marginal rates – 70% federal – people who made their money by working got a break. Their was a maximum tax on income from, you know, working. And there were shelters. Many were sketchy and abusive and could get you in trouble, but some like low-income housing were blessed. You could defer your income and when the deferral turned around it was taxed at capital gains rates.

Now it seems that there are breaks for everybody, except the high salaried. Of course, if you are prudent with a very high salary you will accumulate net worth and ultimately be able to do some fancy stuff, if you are so inclined.

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Major Crackdown On Conservation Easements Or IRS Bluff?

Major Crackdown On Conservation Easements Or IRS Bluff?

Conservation easement charitable deductions are a relatively benign tax expenditure. The idea is that somebody who owns property with a highest and best use different from its current use should be able to give up the right to develop in the interest of conservation and receive a charitable deduction (Note I am simplifying here).

When you give something to charity your deduction is generally the fair market value of what you gave. The best way to arrive at fair market value is through comparable sales. But people don’t buy and sell conservation easements very much, if at all.

So you value the easement by figuring out the value of the property without the easement and subtract the value of the property with the easement. It is the before value that is a problem, because we have to think about what you might do with the property.

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