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Most Recent Posts

National Organization For Marriage Denied Attorney Fees In IRS Lawsuit

National Organization For Marriage Denied Attorney Fees In IRS Lawsuit

The NOM disclosure issue wove its way into the IRS scandal narrative.  The core scandal is the delay and intrusive questions in processing the exemption applications of Tea Party and similar groups.  Earlier this week Paul Caron on The IRS Scandal, Day 943 noted that Brian Leiter of the University of Chicago Law School had queried his readers “Has there really been an IRS scandal going for nearly three years?” Professor Caron maintains that he will keep with the coverage as long as there is something out there.  He did indicate that there is not much in the queue right now, so there is some chance the series might go dark at least for a while.

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State Wants Its Share Of The Sharing Economy

What is going to be entertaining is whether there will be litigation between the states and localities and Airbnb as there will be a debate as to whether the tax should be figured on the gross amount paid by the renter or the amount that the apartment owner nets from Airbnb.  There has been extensive litigation on that issue between states and localities with the likes of Expedia when it comes to actual hotels.

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Starting A Charity To Boost Your Product Sales Frowned On By IRS

Starting A Charity To Boost Your Product Sales Frowned On By IRS

It’s good to know that the IRS also frowns on this type of nonsense as we can see in recently released Private Letter Ruling 201548021.  Private Letter Rulings are redacted and I have not tried to penetrate the redaction on this one.  I’m going to call the organization that was turned down for exempt status Feed The Hungry With Our Stuff (FHWOS).  The President of FHWOS) is D in the ruling, so let’s call him Dwight .  Dwight owns a company we will call Nuterium which makes Brand X.

FHWOS is a fundraising organization that teaches youth how to help their communities while earning money to support group and school activities.  It runs two types of program.  In one the kids go around selling Brand X, but not to people that want to eat the stuff themselves.  They just decide which of ten hunger-fighting charities Brand X goes to.  After the money is collected a percentage goes to the gymnastics club or whatever sort of group was running this thing and the balance goes to Nutrium to pay for the product.

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What Is With This Chan Zuckerberg LLC Thing? Tax Geeks Speak

So I tried to hone in with Tim on what the point of forming the LLC was.  He indicated that some people cycled their charitable contributions through LLCs for purposes of anonymity.  In order to be able to deduct charitable contributions over $250 you need an acknowledgment from the charity.  Of course, that is not what is going on here.  Why couldn’t the Chan Zuckerberg Initiative just keeping chugging along as a kind of d/b/a for whatever the couple felt like doing? It is all pretty speculative, but one thing Tim mentioned is that his ultra-high net worth clients will hire teams of experts to direct their philanthropic efforts.

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What  Art Of The Deal Tells Us About Donald Trump And His Tax Views

What Art Of The Deal Tells Us About Donald Trump And His Tax Views

It was tough for me as I was in the middle of City on Fire, which is a brilliantly plotted work, but rather a long haul.  Interestingly both City on Fire and Art of the Deal have quite a bit on the New York City fiscal crisis of the nineteen seventies.  You have to give Trump credit. He always believed that his native city would rise.  Bottom line, I’m really glad I took the time out to read Art of the Deal.  Published in 1987, it evokes some powerful memories. Unlike the Centrum frenzy last month, there is much for a tax blogger in Art of the Deal, especially one who spent much of his time with closely held companies and real estate deals.  There is also some insight into Trump’s character

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IRS Trying To Make It Harder To Qualify As Real Estate Pro

IRS Trying To Make It Harder To Qualify As Real Estate Pro

The stakes were pretty high in this case, just over $130,000.  Rather than risk Tax Court the Stanleys went the route of paying the tax and suing for refund.  It may well have been calculation of the odds, since taxpayers have not done that well in Tax Court in 469 cases, although usually their facts are a lot worse.  That this is a district court decision lessens its value as precedent.  Adam Chodorow told me that the Tax Court judges consider themselves the experts. They are bound to follow appellate decisions, but only in the circuits where they are decided.

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Hobby Lobby Owners Win First Round In $3 Million Tax Refund Case

Hobby Lobby Owners Win First Round In $3 Million Tax Refund Case

The Trust filed its 2004 return on October 15, 2005 claiming a charitable contribution of $20,526,383. On October 15, 2008 the trust filed an amended return upping the charitable deduction to $29,654,233 and claiming a refund of $3,194,748. That is a pretty slick move, although you have to have plenty of cash in order to use it. In the event the IRS finds other issues on the return besides the higher charity, they can only be used to offset the refund. As long as it is not being frivolous the Trust has no penalty exposure and the interest clock is running in the taxpayer’s favor.

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Foundation Of Big GOP Donor Loses Tax Court Case Over Political Ads

Foundation Of Big GOP Donor Loses Tax Court Case Over Political Ads

The expenditures on which the IRS asserted the excise tax were amounts paid to run radio ads in Oregon between 1997 and 2000. All in there were over $630,000 in expenditures. Taxable expenditures under 4945 include attempts to influence legislation through an attempt to affect the opinion of the general public or any segment thereof and attempts to influence legislation through contact with members of a legislative body or other government officials.

On the other hand making available the results of nonpartisan analysis, study or research is not subject to the excise tax.

The radio ads over the four years were is support of a requirement that prisoners work a forty hour week, mandatory minimum sentences, crime victim rights, review of state agency administrative rules and limiting the growth of state government.

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Tax Court Denies Exempt Status To Group Using Trading Card Games To Promote Sobriety

Tax Court Denies Exempt Status To Group Using Trading Card Games To Promote Sobriety

While it may be laudable, in the light of the administrative record in this case promotion of sober recreation is insufficient justification here for tax-exempt status under a statute that must be construed strictly. The decisive factor here is that the form of recreation offered as therapy also is offered by for-profit entities, and GameHearts even emphasized, in its application for tax exemption, that it would introduce new participants to thatfor-profit recreational market and “boost the overall market shares of the industry”. We also note that GameHearts received contributions of surplus materials from the industry. While GameHearts itself does not profit from the recreation it offers and could not offer recreational gaming experiences that would compete in the for-profit recreational gaming markets, we conclude nonetheless, consistent with our holdings in Schoger Found. and Wayne Baseball, that recreation is a significant purpose, in addition to the therapy provided, because of the inherently commercial nature of the recreation and the ties to the for-profit recreational gaming industry.

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Aspen Colorado Waste Reduction Fee Upheld

The ordinance clearly expresses an intent that the waste reduction fees remitted to the City be used for several other functions reducing the cost to the City of litter cleanup and waste disposal, including education regarding trash and waste management, the funding of programs and the presentation of community events regarding trash and waste management, and outreach through the use of a website to educate the public about these topics.

Thus, we conclude that the City intended the charge to finance a particular class of services related to the reduction of trash and waste and to fund education about those matters.

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