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Most Recent Posts

Tax Court Rules That Blogger Is Subject To Self-Employment Tax

Tax Court Rules That Blogger Is Subject To Self-Employment Tax

The first blogger to ever go to Tax Court, Joshua Pingel, knew all about deductions.  Revenue not so much. His was a hobby loss case.  He lost.  Nik Richie of thedirty.com was there about a missing K-1 and, as you would expect lost.  So ]Mr. Clark makes the score IRS 3 – Bloggers 0.  Maybe the next one up will be a tax blogger and she’ll win.

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Radio Station Considered House of Public Worship For Ohio Property Tax

Radio Station Considered House of Public Worship For Ohio Property Tax

I’m not sure who I want to root for on this one. On the one hand, property tax exemptions should be construed narrowly, since either the other ratepayers have to pick up the slack or the town has to get by with one less cop or give up that AP English class or something.  On the other hand, there is “meat space” prejudice baked into a lot of statutes that might privilege more traditional forms of gathering.  I’ll probably have to lean with the minority on the basis that any judge who can work Pete Seeger into an opinion must be right.

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TIGTA Pushes IRS To Crack Down On Hobby Loss Deductions

TIGTA Pushes IRS To Crack Down On Hobby Loss Deductions

Apparently a dinky Schedule C is more suspicious than a loss flowing through from an S corporation or partnership.  A lot of practitioners will advise you to put your enterprise in an entity for that purpose.  I am hesitant to give that advice because then there is another return that might get audited.  I have not been able to figure out how to balance those two factors.

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Tax Court Rules International Waters Not Foreign Country But Misses That Mariners Are Not Marines

Tax Court Rules International Waters Not Foreign Country But Misses That Mariners Are Not Marines

The Court is not aware of a valuation issue between the parties. Petitioner had employed his preparer for 20 years and relied upon his expertise to report that petitioner’s income was exempt under section 911(a). The preparer was informed about petitioner’s residence and the facts surrounding his income earned during international voyages on cargo ships. The reporting position had been approved for earlier years, and it was reasonable for petitioners to rely on the preparer under these circumstances. Accordingly, we hold that petitioners are not liable for accuracy-related penalties with respect to any underpayments that may result from our holding on the section 911(a) issue.

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High Flying Insurance Agent Could Not Stop IRS Jeopardy With Let’s Make A Deal

High Flying Insurance Agent Could Not Stop IRS Jeopardy With Let’s Make A Deal

When Mr. Brown’s representative had a telephone conference with the IRS settlement officer it was indicated that the only “distrainable asset” was $5 million of equity in the residence.  The plan to pay the IRS off in installments would be based on Mr. Brown obtaining financing in order to buy a pool of insurance policies that would produce a flow of income. He promised further details which came in the form of a 300 page document.

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$16 Million Golf Course Conservation Deduction Disallowed On Fine Points

$16 Million Golf Course Conservation Deduction Disallowed On Fine Points

One of the requirements of a deductible easement donation is that it be in perpetuity.  An implication of that is that the easement has to be superior to any mortgages.  So you have to get the entities holding mortgages to subordinate.  Hillcrest did subordinate, but the subordination was not filed until several months after the easement deed.  Taxpayers argued that there was an oral agreement in place to get the subordination, but that did not cut it.  So no deduction

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