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Most Recent Posts

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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Match Group CEO Wins Tax Case By Arguing His Heart Was In Texas With His Dog

Match Group CEO Wins Tax Case By Arguing His Heart Was In Texas With His Dog

Phil Dardeno, my go to Massachusetts SALT guy, told me once that the true home, the real domicile is where the family pictures are.  It was different for Mr. Blatt.  He started going to the gym in Dallas, something he had never done in New York and having his prescriptions filled there.  And of course there were the basics of a drivers licenses and voters registration. The really big sign though was the dog.

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Target Brands Unit Cannot Entirely Avoid Colorado Income Tax

Target Brands Unit Cannot Entirely Avoid Colorado Income Tax

I probably don’t get out enough or something because I don’t recognize any of the brands for various lines of products that Target supports.  I had fun guessing what some of them might be.  Boots & Barkley sounded like something outdoorsy.  It’s actually stuff for your pets, which makes sense when I think about it.  I had no idea what Xhilaratation might be, which you will see is a good thing if you check the link. Fieldcrest also sounded outdoorsy, but it is towels.

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City Plays Grinch When Ellen DeGeneres Helps Single Mother

One of my earliest blogging dreams was to be noticed by Ellen Degeneres, as I assiduously covered the tax controversy about same-sex marriage.  The obsession grew over the years enough so that someone whose opinion I value told me that it was getting creepy.  At any rate, I never got the impression that her people were following my blog. It does strike me though that it would be a good thing if her show and Shutterfly did some followup on the people that they helped to make sure there are not unintended consequences.  I think Shutterfly’s tax department needs to take a look at their decision to send out 1099’s to the beneficiaries of their philanthropy.

Mostly, though I think the tax collectors of Xenia, Ohio should probably just back down on this and go fight crime someplace else.  This situation is in no way comparable to that of Survivor, Richard Hatch, who was competing for the million-dollar prize he failed to report.

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Clergy Housing Tax Break Seen As Unconstitutional

Clergy Housing Tax Break Seen As Unconstitutional

His analysis is that the parsonage exclusion violates the Establishment Clause and that the arguments that the Free Exercise Clause mitigates the concern do not stand up.  Not every benefit to religious organizations violates the Establishment Clause.  The treatment of churches as exempt 501(c)(3) organizations is part of a larger scheme to exempt organizations that can be viewed as serving the public good.  Churches are exempt, but so is the Freedom From Religion Foundation.

On the other hand, churches are not required to file Form 990 or apply for exempt status and the IRS has to jump through enough hoops to initiate a church audit that it pretty much doesn’t bother.  This relatively hands-off policy recognizes the free exercise clause.

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