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Most Recent Posts

Selling Your Business – Watch Out For Effect On 199A Pass-Through Deduction

The provision of the Tax Cuts and Jobs Act that right now is giving the most stress to tax preparers is probably Section 199A also known as the pass-through deduction. Sitting in an RV in a state park in Georgia, I once again am grateful that I retired from doing compliance work.  Not having any current returns to crank out gives me time to think about the effect that 199A might have on deal structuring.

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Grassley Wyden Take On Sketchy Conservation Tax Shelters

Grassley Wyden Take On Sketchy Conservation Tax Shelters

The highest and best use is going to be something hypothetical.  This is where things can get out of hand. The development to bring the property to its highest and best use is not something that actually has to be executed. So there can be a tendency to think big and assume away minor obstacles like zoning.  There was one case where the proposed development didn’t even fit on the parcel.  I mean – So what?  It’s not like you were going to actually build it.

On top of the valuation issue, there are times when the donee organizations are a little sketchy and won’t really be able to enforce the easements.  And sometimes the conservation or public benefit of the easement is altogether dubious.  Sometimes easements are given on properties that are already so restricted that there is no real value to them.  I compare those to me renouncing my superpowers.

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Hobby Loss Claim Goes Down In Flames

The captain’s initial plan was to sell rides on the plane. (The Firefly had a crew of two, so I guess the passenger would get the navigator/weapons officer spot)   Of course, that required making the 60% restored Firefly 100% flyable.  That took eight years and 45,000 man-hours.  Some of the tsoris involved is outlined in this story by John Sotham in Air&Space.

When the plane was ready for its intended use, basis had grown to $1.6 million which translated into annual depreciation deductions over $80,000.  It turned out that taking up passengers who could fantasize about dropping bombs on the Tirpitz or Japanese submarines was not feasible.  So Captain Eddie took to the air shows, where the plane did quite well, but to live in fame did not bring in enough revenue to cover expenses.  Losses mounted up.

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Parsonage: Religious Liberty Smuggles Sex Discrimination Into Tax Law

The stipend is a nice gesture and I applaud, but ironically it makes the case for 107(2) at least in this context being a straight up subsidy.  The college doesn’t have to pay the men as much, because of their religious status which has nothing to do with the work that they do.

I’m not that much of a constitutional purist, but 107(2) is really in need of an overhaul due to the abuse that is going on.  First off it needs a dollar ceiling like just about every other housing provision.  I’d go with $50,000 because I like round numbers and that is about what a two-star general gets in an expensive part of the country.

And if the rationale is the special requirements of parish ministry substitute “community spiritual leader” or something like that for “minister of the gospel”. Define “community spiritual leader” in terms of actual face to face activity in a defined geographic area.  That will cut out the televangelists, denominational leaders, professors, and basketball ministers and create parity among churches that have tighter or looser standards for who is a minister.

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