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Most Recent Posts

How To Enjoy The Tax Cuts And Jobs Act

Each section is divided into four parts.  Present Law, House Bill, Senate Amendment and Conference Agreement.  Skip to the Conference Agreement.  That will give you an explanation of the actual bill that the House and Senate will be voting on.  In some cases, it will refer you back to either the House Bill or the Senate Amendment, then you have to roll back.  Or you may be curious enough to roll back anyway to see the different thinking of the House and the Senate.  Sometimes the Conference Agreement has no provision and then you can roll back and see what people were thinking about that did not make it into the final bill.

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Qualified Business Income Is Key Provision To Tax Cuts And Jobs Act

Is it possible that the Republicans are trying to create a world in which everybody is either living off capital or being entrepreneurial?  Frankly, I don’t think that will work well. Much of what makes the world work is people showing up and doing what they are told with skill, knowledge, and dedication. If they are getting a pretty fair deal, they will be loyal – more loyal than their employers deserve usually.  I have a great deal of admiration for entrepreneurs.  Part of my job is to understand them.  And there are other types of celebrated people that I stand in awe of.  But I could probably get by without them better than I could without the guys emptying the dumpster and plowing the snow in my condo complex. And for the life of me, I can’t see why I should pay less tax on the same dollars than they pay.

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Tax Cuts And Jobs Act Might Mean More Woman Partners

There was language in the bill to the effect that it would not apply to guaranteed payments.  But who needs guaranteed payments?  Last year Sally’s firm shared $10 million among the equity and income partners. It ended up being a 50/50 split.  $5 million for the thirty income partners and $5 million for the 15 equity partners.  The equity partners celebrated by going to a football game.  The income partners celebrated by going to the ballet. The $5 million to the income partners was $4.7 million in guaranteed payments and $300,000 in bonuses.

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For Tax Matters Use The United States Postal Service And Don’t Cut It Too Close

The fact that the taxpayers squeaked by does not change the practical lesson.  If it says 90 days, make-believe it is 80 days. At Joseph B Cohan and Associates during tax season in the eighties, the hardcore guys would work till 10:30 PM most weeknights. One of our jokes was telling somebody leaving the office at three in the afternoon on Sunday to have a nice weekend. But on April 15, we sat around all day playing bridge and waiting for emergency calls and went drinking around 5:30.  Well usually.

And if you need proof that you sent something, use the US Post Office and do it in person.  Let the clerk figure out the postage and stamp your proof of mailing with the date.  And anytime anybody tries to tell you that the Founders thought that private businesses do absolutely everything better than the government does tell them to reread the seventh item of Section 8, giving them the benefit of the doubt that they ever actually did read the Constitution

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Vexatious Litigation Penalties Upheld Against The Courtroom Commando

Mac has not drunk the tax protester Kool-Aid that will convince you that the income tax is limited to treasury messengers who live in the District of Columbia or some other inane notion.  He has, however, adopted a technique that the sophisticated among the not conventionally tax compliant will use – holding the feet of the IRS to the fire of meticulous procedural scrutiny.  That was the approach that got him sanctioned.  After receiving the transcripts from the hearing officer, he requested “a summary record of assessment” (Form 23C), Form 4340, a copy of the actual document signed by the officer and the delegation order showing authorization to assess.

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Former IRS Investigator Joe Banister Loses Appeal Of Aiding And Abetting Penalties

Former IRS Investigator Joe Banister Loses Appeal Of Aiding And Abetting Penalties

Back in 2003, the IRS Office of Professional Responsibility revoked Banister’s right to represent clients before the IRS.  He had that right as a CPA. A follow on to the OPR ruling would be revocation of his CPA license, but that is neither here nor there.  The revocation was appealed to the Ninth Circuit where it was sustained.  Among the things involved in the revocation was his raising the 861 argument.  He should have known better so he can no longer represent taxpayers.  Since the issue of him making a bad argument has been litigated once with respect to the revocation, he does not get to fight it again with respect to the penalty.  That was the District Court ruling.

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Tax Court IRS And Secret Law

Tax Court IRS And Secret Law

The Tax Court is letting us down when it comes to electronic transparency. Public documents, such as briefs and petitions, that are readily available from other federal courts are effectively inaccessible to those of us who don’t live or work in the nation’s capital. And maybe the IRS and even some law firms like it that way.  Rather than write about this abstractly, I would like to show it to you as we go along. I’m going to use a decision I recently blogged about –  an important hobby loss case (Section 183).

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Donald Trump Floridian

Donald Trump Floridian

 
One of the problems with the New York to Florida switch is that being a New Yorker is a very distinctive identity – Floridian not so much.  And Trump for all his many faults in my mind is a  consummate New Yorker.  He can register to vote in Florida, file a Florida domicile declaration and apply for a homestead exemption on the family residence portion of Mar-a-Lago.  Those are the basics, but what else can he do?

He can read A Land Remembered or at least talk about what a great book it is, even if he never reads it.  He can have one of his minions read it for him.  Beyond that, he can start using his twitter account to signal his change in loyalties. 

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Flow-Through Relief – Senate Version Of Tax Bill Is Much Better For The Little People

One of the themes of the various Republican campaigns was about how awful it was to have a 70,000-page tax code.  Never mind that that was inflated by a factor of more than ten.  Making the Code shorter was a priority.  It is true that the bill might make returns easier for most of the little people because a lot fewer people will itemize.  The taxation of business income is, however, much more complex under either version.  And with the Senate leaving the AMT in effect, I think we will see the page count increase significantly.

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