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Most Recent Posts

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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Parsonage Showdown In Seventh Circuit This Week

Parsonage Showdown In Seventh Circuit This Week

Although you will see this dispute being framed as one between atheists and the religious,  the guy who started all this is a member of the Churches of Christ who was upset about the particularly egregious parsonage shenanigans of his own denomination. (Churches of Christ isn’t exactly a denomination by its own terms, but to those outside of it, it looks like one.)

Robert Baty was an IRS revenue officer when he was asked about the case of a college basketball coach who was excluding part of his income as a housing allowance.  The practice traces back to a revenue ruling that the IRS issued under pressure from Congressmen Burleson and Bush to bail Abilene College out of a payroll audit.

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Preacher Taxed On Regular Gifts From Congregation Members

Preacher Taxed On Regular Gifts From Congregation Members

While he was at Tuskegee University, Bishop Felton first learned about the notion of “handshake money” – donations made directly to the pastor on the way out of church.  He didn’t like the way that it was done and resolved that he would handle it differently when he had his own church.

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Atheist Group Asks To Disclose To IRS What Churches Disclose: Nothing

Atheist Group Asks To Disclose To IRS What Churches Disclose: Nothing

Form 990 is a required filing that creates significant transparency for exempt organizations.  In 1971, it was harder to get your hands on Form 990, but a team of reporters working for Warren Buffet’s Omaha Sun took the trouble which allowed them to expose the extent to which fundraising had outstripped service delivery at the venerable Boys Town.

The Evangelical Council for Financial Accountability recommends financial transparency for churches:

 The financial statements (and the disclosure of the financial statements) are key components of transparency, both within the ministry and to donors and the public. This flows directly from biblical principles: “This is the verdict: Light has come into the world, but men loved darkness instead of light because their deeds were evil. Everyone who does evil hates the light, and will not come into the light for fear that his deeds will be exposed” (John 3:19–20 NIV).

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Association For Honest Attorneys Founder Really Needed A Competent Accountant

Association For Honest Attorneys Founder Really Needed A Competent Accountant

Finally, an observation on the sad fallout from the interminable IRS scandal.  With the budget cuts and general demoralization,  audit rates are down.  Compliance is going to erode and more and more sloppiness and outright shenanigans are going to go undetected.  Audits serve an educational function.  At Lu Gauthier’s Boston Tax Institute seminars, grizzled veterans will compare notes.  Old hands will tell youngsters about things that clients get tripped up on – cautionary tales.  There will be fewer of those in the next few years.  Perhaps more significantly, anybody who does get audited will more likely think that they have been targeted as they get raked over the coals for practices that they know are commonplace.

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IRS Keeps Percentages Paid Private Collection Companies Secret

IRS Keeps Percentages Paid Private Collection Companies Secret

Anyway to a layman to the mysteries of FOIA, I don’t find the argument for non-disclosure very compelling.  ConServe is worried that if other companies knew what they were charging to contact delinquent taxpayers, those companies might offer to do it for less.  Like that would be a bad thing.  I think it would be a good thing and I thought it might just be me and Mr. Hodes, but as it turns out that is not the case.

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Billion-Dollar Tax, Penalty And Interest Charge Against Exelon Upheld By Seventh Circuit

Billion-Dollar Tax, Penalty And Interest Charge Against Exelon Upheld By Seventh Circuit

There is a lesson there for tax planners. Despite its efficiency, e-mail, with multiple copies might not always be the optimal way to communicate, particularly when you are trying to get your story straight.  The zeal of the lawyers to have the appraisal language “just so” (because God knows CPAs can’t write) contributed to the client going out of pocket an extra $87 million (plus interest).

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Lawsuit Against Caterpillar For Inadequate Tax Disclosure Dismissed

Lawsuit Against Caterpillar For Inadequate Tax Disclosure Dismissed

When you think about it, it is a little odd.  You really can’t have a note in your financial statements that you are unlawfully using foreign subsidiaries to avoid paying billions in taxes, without accruing the taxes.  At least that is my understanding of Fin 48. Of course, I never learned the secret handshake or got the decoder ring, so I can’t be sure.

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