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Most Recent Posts

World Class Rider Does Not Insure Allowable Tax Losses In Horse Case

World Class Rider Does Not Insure Allowable Tax Losses In Horse Case

As I have mentioned often, everything I know about the horse business, I have learned from reading tax decisions. Conservatives of the Tea Party ilk believe they were targetted by the IRS for persecution.  All I can say is they should be thankful they are not money-losing equestrian types.  Interestingly, horse people often win in Tax Court, unlike Amway Independent Business Owners, who pretty much always lose.

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Did You Hear The One About Bernie Sanders And Kent Hovind Walking Into A Tax Blog?

Did You Hear The One About Bernie Sanders And Kent Hovind Walking Into A Tax Blog?

One of the things that is just a bit disconcerting to me is that the core of this blog ends up not being the most popular part.  I at least look and read a high percentage of federal tax cases and also many state cases.  In the process I uncover many stories that otherwise go largely unremarked.  Those tend to not be my most popular posts, but I suspect that is what sustains my core readership.  There are actually some valuable lessons in many of those posts.  I have no intention of changing my ways, as I feel inclined to do all that reading to serve my clients anyway and I can’t resist sharing the really interesting stories even when they end up being seen by hundreds rather than tens of thousands.

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Bernie Sanders And The 90% Income Tax Rate That He Does Not Call For

Republicans seem to alternate between a libertarian paradise or some sort of vision of how things must have been in 1795 when the Founding Fathers were still keeping an eye on things.  Bernie Sanders wants us to have an economy like it was in the sixties and early seventies, when a summer of hard work could pay a year’s tuition and there were plenty of factory jobs that would support a family.  Of course that post-World War II golden age might also prove elusive due to demographic changes and the rest of the world catching up with the United States.

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Technology Officer Loses Appeal On Capital Gains Treatment From Sale To Google

Technology Officer Loses Appeal On Capital Gains Treatment From Sale To Google

The main lesson is that you really should get your documentary ducks in a row, before you sign off an agreement.  But when you are a small piece of a large deal and you are planning to work for the acquirer the amount of leverage you have is limited.  It is really tough to fly in the face of a W-2.  The better strategy might have been to pay the tax upfront and then amend and sue for refund.  That would have eliminated the penalty exposure and also put the initial decision in district court rather than with the Tax Court.

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Venus Flytraps And Elusive Gator On Golf Course Not Worth Millions In Tax Deductions

Rather than attack valuation in this case the IRS argued that the donation did not actually address any of the “conservation purposes” that allow a deduction for contribution of less than an entire interest in real estate.  Those purposes are – preservation of land areas for outdoor recreation by, or the education of, the general public – protection of a relatively natural habitat of fish, wildlife, or plants, or similar ecosystem – preservation of open space for the scenic enjoyment of the general public or pursuant to clearly delineated governmental conservation policy – preservation of a historically important land area or a certified historic structure.

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Sumner Redstone Liable For Tax On Long Ago Gift

Sumner Redstone Liable For Tax On Long Ago Gift

It seems like a really good argument, but it went nowhere.  What is disturbing about this is that if you have a tax assessed and you don’t pay it, the IRS has ten years to collect it from you and then you are home free.  (I don’t recommend that as a strategy, by the way, even though the current disarray at IRS is making it more practical) It does seem that there should be some limit on when they can come after you about an unfiled return.

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Photographer Inspired By Ansel Adams Does Not Fare Well Against IRS In Tax Court

Photographer Inspired By Ansel Adams Does Not Fare Well Against IRS In Tax Court

Regardless, the S Corp had passed through nearly $100,000 in loss to Mr. Kantchev in 2007, most of which was carried forward into 2008 along with another nearly $10,000 loss.  The IRS did not attack the losses with Section 183 (hobby loss).  They had a more subtle trap.  Generally, when you make a film you are supposed to capitalize your costs and recover them through depreciation deductions.

Now it happened that until this year producers could elect to deduct production costs.  There are limits and qualifications, but it is pretty clear that “Tiger Lily” met those and that Victory could have elected to expense the costs.  Only the corporation didn’t.  Mr. Kantchev argued that the corporation effectively made the election by deducting the costs.  It is worth noting that there are some elections that you make that way.  The election under Section 181 – Treatment of certain qualified film and television productions – just does not happen to be one of them.

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