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Most Recent Posts

Donald Trump’s Deep Love Of Tax Depreciation – An Affair To Remember

The managing partner is at least moderately sociopathic and a dictator of greater or lesser benevolence.  He, and it is almost always a “he”, is charged with the responsibility of making sure his partners don’t give away the store to clients and staff.  At any rate, the deal is that they get what the managing partner thinks they deserve with enough grease thrown in to stop them from squeaking too much.

It goes without saying that Trump is the managing partner in the enterprise, although he would probably prefer something more reflective of his value, maybe God-Emperor. On the asset side, there is no such thing as accumulated depreciation. That is because an asset under Donald Trump’s umbrella can only go up in value.

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Trump And Clinton Returns And What Regular Folk Need To Know About Carryovers

Trump And Clinton Returns And What Regular Folk Need To Know About Carryovers

When Donald Trump’s return was handed off by Jack Mitnick in 1996 or 1997, there was probably very good documentation of his regular tax NOL which we know was in the $900 million range.  I would not bet that there was great documentation of the AMT NOL.  I may be selling Mitnick short there, but the guy had software that could not handle a nine-digit number, so it is very unlikely that, at that point, it was tracking the AMT NOL for him. That was still relatively early in the computerization of individual returns and there were lots of problems with carryovers.

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The Unintended Tax Loophole That Might Have Saved Donald Trump Big Bucks

What strikes me as improbable is that there was an S Corporation that held enough of the Trump empire to facilitate a nearly billion-dollar free basis step-up that does not show up in the public record anywhere. Like the proverbial economist who stranded on an island suggests that he and his companions “assume a can opener”, Lee Sheppard assumes an S corporation. While it might be common to use an S corporation as a 1% general partner, that would not be enough to pull this off. At least in my experience, you don’t want to have the bulk of a real estate investment in an S corporation, because, unlike a partnership, you don’t have basis in the entity’s indebtedness making me less inclined to assume an S corporation, particularly since no one seems to be putting forth a candidate.

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Donald Trump’s 1995 Return And A Lesson In Unrealized Appreciation

Donald Trump’s 1995 Return And A Lesson In Unrealized Appreciation

Buried in all these maneuvers is an aspect of our tax system that while being the feature that probably most contributes to wealth inequality is seldom remarked on.  Unrealized appreciation is never subject to income tax.  And when I look at the top people in the Forbes 400. I see lots of unrealized appreciation starting with Bill Gates with Microsoft and Warren Buffett with Berkshire-Hathaway (which I should note makes up a very large percentage of my unspectacular net worth)

Real estate turbocharges the unrealized appreciation feature since you are allowed depreciation deductions on real estate and real estate is one of the easier things to leverage.  But for it all to not fall apart your real estate better appreciate if you are heavily leveraging it.

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Donald Trump’s 1995 Return: What The New York Times Missed

Donald Trump’s 1995 Return: What The New York Times Missed

Nobody thinks that Trump started with $916 million which he expended on deductible items to create a loss.  He did it with other people’s money – debt. The thing about debt is that you might have to earn money to pay it back in which case you have taxable income without cash flow.  Those of us who lived through that era remember well the pain of clients dealing with the burned-out tax shelters that had gone through the dreaded cross over. There were three ways out of a burned-out tax shelter. One was this complex maneuver with grantor trusts that did not actually work.  The other two which did work were to give it to your wife and divorce her or die.

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Lawyer Subject To Injunction Defends Timeshare Charitable Deduction Appraisals

Lawyer Subject To Injunction Defends Timeshare Charitable Deduction Appraisals

Now I enjoy being invited to spend three days at a really nice resort for short money.  Unlike most normal people I enjoy the required sales presentation. I feel like I am inside Glengarry Glen Ross talking to somebody who just heard Alec Baldwin’s “Always be closing” speech (I’m not giving you a link, because, you know, language.  You can find it.)  And I sit and listen to somebody who works for a prestigious brand try to sell me something that is worth maybe $4,000 on the secondary market, if that, for $30,000.

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IRS Private Collection Program Is Fundamentally Flawed

IRS Private Collection Program Is Fundamentally Flawed

Unlike the last time this was tried, the scammers who have rushed into the vacuum created by the erosion of the IRS collection division have created an environment in which it is assumed by many, quite rightly, that a phone call about a purported tax liability is not legitimate.  This will probably hamper the collection agencies in being taken seriously.  Somebody with the sophistication to conclude that the company is legitimate might also calculate that there is really no percentage in dealing with them.  The best deal they can approve is a full pay five-year installment plan and they can’t do any of the nasty things that actual IRS employees can do.

I’m thinking that if I was John Koskinen, that I would send out a mailing to everybody about to be turned over to private collection offering them a 20% discount if they pay in full within 45 days. There’s probably a hundred technical reasons why they wouldn’t work, but it would bring in the low hanging fruit and make the private collectors have to work for their money.

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IRS Announces Private Collection Firms – They Start In The Spring

IRS Announces Private Collection Firms – They Start In The Spring

Now that this is starting to look real, I’m going to have to study what the real powers of the collection agents will be.  If they can’t issue liens and levies and the like, it may be that people can tell them to go pound sand and wait for the case to be kicked back to somebody who can do something before the ten-year clock runs out.  On the other hand, if they can approve expedited offers in compromise, it might be worthwhile dealing with them.  We’ll see.

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