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Most Recent Posts

The Devil And Lois Lerner

The Devil And Lois Lerner

When people asked me about applying for exempt status for fairly modest organizations I generally advised that I thought that the game might not be worth the candle.  Looking at how simple Form 1023-EZ has made things, I’m rethinking that.  For a long time, I have believed that the dose of credibility that organizations get from having 501(c)(3) status was largely unfounded. The new process means that it should confer no credibility at all.  If someone implies that their 501(c)(3) status is somehow a seal of approval, you need to put your bs detector on high alert.  A storm is coming.

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Quadratic Equations And Tax Benefits David Rockefeller In Tax History

I often remark that you learn all the math you need to do tax work by the fourth grade.  Here was a possible exception. Tax preparers with New York clients would have to dust off their high school math.  I actually had a client who got hit with the New York minimum tax, so this was not just a Rockefeller level problem.  (David Rockefeller had federal AGI of $7.7 million in 1976. In 1976, if I had eight dollars in my wallet, I thought I was ready for anything.

Math challenged tax preparers were spared relearning the quadratic formula by the Commission’s ruling that noted there was no authority in the statute for using New York AGI rather than federal AGI in computing the preference and no “tax benefit” rule.  Another illustration of Reilly’s First Law of Tax Planning – “It is what it is.  Deal with it.”

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Blog Cited In Appellate Brief In Form 1099 Case

Blog Cited In Appellate Brief In Form 1099 Case

Forbes magazine also published an article about the District Court Opinion, noting with some concern that it made the decision about whether or not to issue a 1099 much more complicated. Peter J. Reilly, Pulling IRS Into Your Business Dispute Might Not Be Such a Good Idea, Forbes (July 25, 2014)

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No, President Trump Didn’t Escape Income Taxes For 18 Years

No, President Trump Didn’t Escape Income Taxes For 18 Years

Of course it is mostly explained by the alternative minimum tax (AMT) which shows up on Line 45.  Even though the AMT is reflected as an add-on to the regular tax, it is actually a parallel system with fewer deductions and credits, slower depreciation and a lower rate.  A reasonable inference from the $36,571,795 on Line 46 is that Trump’s Alternative Minimum Taxable income was in the $130 million neighborhood.  He would have had a different net operating loss for AMT purposes than for regular tax purposes and there might be substantial depreciation difference.  Form 6251 would explain it.

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Lawsuit Challenging Charities Backing Israeli Settlements Fails On Standing

Lawsuit Challenging Charities Backing Israeli Settlements Fails On Standing

The complaint requested that the court order Treasury to investigate any and all tax-exempt entities based in America which transmit $20,000 or more on an annual basis to any country and where appropriate revoke exempt status, criminally prosecute any tax fraud and money laundering uncovered and initiate an investigation of all of the claims of financial sponsorship outlined in the complaint.

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Tax Litigation Is Not The Place For Alternative Facts

Tax Litigation Is Not The Place For Alternative Facts

The substantiation standards that would be real estate pros with full-time day jobs are held to are close to insurmountable.  If you are going to try it, you need contemporaneous logs that ideally will correlate with things like invoices and phone records. Given that you are already working something like eighty hours a week between your properties and your day job, it is hard to see how you will get it done.  Losing on the issue is not necessarily the end of the world, since your deductions are suspended and will be used when you finally start making money or dispose of properties.

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Florida Man Runs Afoul Of IRS Basis Rules For S Corporations

Florida Man Runs Afoul Of IRS Basis Rules For S Corporations

This is where the execution problems come in.  The business continued to operate under the name Command Computers and when the bank renewed the note in 2011, it did so in the name of Command Computers.  Mr. Tinsley argued that it was merely a matter of administrative convenience. That argument went nowhere.

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How Big Is Sixth’s Circuit’s Attack On IRS Substance Over Form Rule?

How Big Is Sixth’s Circuit’s Attack On IRS Substance Over Form Rule?

I have to admit that I was not that familiar, familiar at all really, with 7701(o),  which was added in 2010.  My excuse is that I have not been involved in designing sketchy tax shelters and 7701(o) has not been around long enough to show up in a lot of case law, since it is only applicable to post-enactment transactions.  7701(o) codifies the economic substance doctrine indicating that a transaction will not be recognized unless it changes a taxpayer’s economic position in a meaningful way beyond tax savings and has a substantial purpose beyond income tax effects.

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Conservative Judge Okays Huge Roth IRA Tax Shelter, Slams IRS Substance Over Form

Conservative Judge Okays Huge Roth IRA Tax Shelter, Slams IRS Substance Over Form

Wholesale rejection of the substance over form doctrine can end up disproportionately favoring those that have the “time and patience (and money)” to construct hyper-technical arguments that arguably follow the Code – maybe.  This could be a set up for another raid on the Treasury like the one that was engineered by law firms and the Big 4 in the nineties and around the turn of the millennium.  See Confidence Games by Tanina Rostain and Milton Regan.

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