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Most Recent Posts

Tax Cut Bonanza For Retailers And Wholesalers

f the aggressive attitude toward inventory sticks and you combine it with other relaxations in allowable accounting methods (most importantly cash basis) and the unlimited expensing of most capital assets, businesses under $25 million of receipts (that’s indexed for inflation) and their owners and lenders will no longer be taxed on income.  They will be taxed, in effect, on what is called free cash flow.

A common measure is to take the earnings before interest and taxes multiplied by (1 − tax rate), add depreciation and amortization, and then subtract changes in working capital and capital expenditure

I can’t rule out the notion that this might not be such a bad idea. Certainly, free cash flow is a measure that is highly correlated with ability to pay.  On the other hand, a system like that seems destined to fuel wealth inequality and also encourage gaming.  If Mr. Potter is having a better year than he had planned, he can have his suppliers transfer title to goods that have not shipped.  There will be a real incentive for channel stuffing, particularly from suppliers that are public companies more interested in earnings growth and less tax-sensitive.

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Law Professor Argues New Pass-Through Rules (199A) Are Horrible

The successful job creators are pretty rare and a lot of them are very tax-sensitive. So 199A has created a strong incentive to create your own job. If you do, you can be making pretty good money (over $300,000 with a low earning spouse)and getting the 20% benefit regardless of what you do and whether you employ anybody.  If you are making really good money, though, you have a strong incentive to have W-2 employees, as opposed to a bunch of gigsters.

The professions where the partnership form is common and most of the business owners are actually people just practicing the craft exclude the big earners from the benefit.

It may well be that most of the benefit is going to the children and grandchildren of yesterday’s jobs creators – the new gentry.  The original version of the tax bill in the House was custom designed for the new gentry.  What ultimately passed benefitted a much broader class of people whose income is not from W-2 employment or simple investment – the job creators, their progeny and working stiffs who make their own jobs.

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The Thinking Behind The Tax Cuts And Jobs Act – Assuming There Was Some

I spoke with Professor Sugin about her article.  One thing that we both seem to agree on is that TCJA is not well thought out tax reform as was the Tax Reform Act of 1986.  I asked her if this type of deep thinking about the tax law comes across in her teaching.  What she told me was that the law school classes will give students a sense of the arc of themes that run through the law and holistic views of the statutes, which will inform students when they get into the details of practice.

The other thing I learned from our discussion which I probably should have known about is what the economists call the “optimal tax model”, which is kind of the holy grail of economic thinking about taxes – designing a tax system that minimizes “deadweight loss” from the economic distortions that taxes create.  For example, taxes on labor encourage leisure – at least if you are using “homo econimicus” as your model of human behavior.

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CPA Convicted Of Assisting On False Tax Return – Did He Get A Raw Deal?

CPA Convicted Of Assisting On False Tax Return – Did He Get A Raw Deal?

Beginning in 2007, Burrill Capital began taking its management fees a little early to deal with “cash flow” problems.  By 2012, it had taken more than it could possibly earn before the fund’s scheduled closing – over $18 million.  In 2012, there was a capital call on the investors purportedly to fund investments. but some of that went to the prepaid management fee.  It is important to note that Mr. Berger had nothing at all to do with these shenanigans.  That was one of the objections to the way that the Government had presented its case to the jury.

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Love Of Music Hurts Chance For Deductions And In Tax Court Use A Lawyer

Love Of Music Hurts Chance For Deductions And In Tax Court Use A Lawyer

In short, petitioner did not have the requisite intent to make a profit and thus may not deduct the losses in dispute. She had no expertise in club ownership, maintained inadequate records, disregarded expert business advice, nonchalantly accepted Bell Cove’s perpetual losses, and made no attempt to reduce expenses, increase revenue, or improve Bell Cove’s overall performance. Owning Bell Cove elevated petitioner’s status in the country music community, allowed her to further the careers of young performers, offered her weekly opportunities to interact with country music fans, and satiated her love for promoting country music. Petitioner earnestly devoted time and energy to Bell Cove but was primarily motivated by personal pleasure, not profit, and simply used the club’s losses to offset her trust and capital gain income.

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Wesley Snipes Can Get Another Bite At IRS Collection Apple And Another Trip To Tax Court If He Wants

Wesley Snipes Can Get Another Bite At IRS Collection Apple And Another Trip To Tax Court If He Wants

The undisputed assessed tax is like the sticker price on a car or perhaps, more aptly, full tuition at a brand name college with a generous financial aid program.  That is what Wesley Snipes was arguing about with the IRS.  How much could he afford? Reasonable collection potential (RCP).  Why did he not take the seemingly generous offer that IRS made?  And what further recourse does he have?  Those are the questions I find interes

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Ask Your Tax Pro About 199A

They called it the Tax Cuts and Jobs Act and there was some logic to it.  An inference that you can make from the bill is that jobs – specifically employment that results in somebody getting a W-2 – are a good thing.  Therefore ” job creators” should pay less income tax on the money that they make than “jobholders” pay on the money that they make.  How much less? Well, they settled on 20%.  In the House version of the bill, the emphasis on job creation was not as strong.  It was pretty much just that people who get business income without doing any work should pay less than people who get income from working.  And it was implemented by a special rate.  Section 199A which is what we ended up with is a deduction.

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Gadfly Rails Against Secret Tax Law For Exempt Organizations

And here we see what a profound difference a few years makes in the life of experience of a member of my generation. The “counter-culture” spread unevenly in the sixties and a University of Maryland student majoring in economics and business could be relatively unaffected by it when he graduated in 1968.  He wanted to live out that idealism by becoming a Navy pilot but lacked good enough eyesight.  The next best thing was enlisting in the Army and going infantry – 101st Airborne Division.  Disillusionment came quickly in Vietnam in 1969. He referred me to a book called A Bright Shining Lie.  His company took 50% casualties while he was with it. I turned 16 in 1968 making my experience of the same period more confusing than disillusioning and, of course, exceedingly more benign.

After discharge, Mr. Streckfus started participating in Vietnam Veterans Against the War 

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Tax Refund Claim On Pump And Dump Loss Evokes Memory Of The Tech Bubble

Tax Refund Claim On Pump And Dump Loss Evokes Memory Of The Tech Bubble

The Adkins were victims of a “pump and dump” operation.  “Pump and dump” involves buying up a relatively low-value stock, convincing other people that the stock has great prospects, causing the price to be bid up and then dumping the stock near the peak.  You have to give “pump and dump” people a little credit in that there is a real company there.  It also makes them harder to catch compared to a Ponzi scheme, because the fraudsters are not necessarily directly transacting with the victim and there is an actual thing being purchased. “Pump and dump”, in my mind at least, is just one step beyond many legal business practices – like most of the time share industry – don’t get me started.

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IRS Penalizes Plan Of Minister To Donate House To Ministry While Continuing To Live There

IRS Penalizes Plan Of Minister To Donate House To Ministry While Continuing To Live There

Setting up a church and then donating your house to the church while continuing to live there, presumably with all the expenses run through the church and the benefit of living there being excluded under Code Section 107(1) strikes me as a brilliant scheme .  You could also throw in a property tax exemption depending on what state you are in and how hungry the local assessors are.  I really would have liked to see how the plan would have flown, but the Tax Court never had to get to its merits, because of poor execution.  What a shame.  Execution isn’t everything, but it’s a lot.

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