Tax Roundup, 10/28/13: Maquoketa! And the experts in preposterous.

October 28th, 2013 by Joe Kristan

Today is the first session of the ISU Center for Agricultural Law and Taxation 2013 Farm and Urbane Income Tax Schools.  Once again I am on the Day 1 team with Roger McEowen, the ringleader of the Center, and Kristy Maitre, the Iowa IRS Stakeholder Liaison.

We are starting in Maquoketa this year.  This is our first visit to Maquoketa, the county seat of Jackson County.   This replaces our former Muscatine session; we had to move when the conference center we were using closed.

Most Iowans know Maquoketa for Maquoketa Caves State Park.

Picture by Iowa Department of Natural Resources.

Picture by Iowa Department of Natural Resources.

If the session goes well, we won’t have to hold our next one underground.  If you can’t make it to Maquoketa, register today for one of the seven other farm school sessions!

 

Peter Reilly,  Organizing Junk Mail Does Not Qualify As Manufacturing.  Peter discusses the ADVO case we mentioned last week on the Section 199 “Domestic Production Activities Deduction.”  I like this:

The fact that what was being produced was 90,000 tons of crap, that was going to be quickly thrown away after annoying someone did not seem to be of any significance.  

It’s bad enough that the tax law has to distinguish “production.”  Imagine if the IRS agents had to distinguish crap.

 

Paul NeifferNow Congress is Calling the IRS “Preposterous” (At Least the Delay)!  Well, Congress would know about preposterous.  Paul will be one of the Day 2 speakers at the Farm and Urban Tax Schools in Sheldon, Mason City, Ottumwa and Ames.

 

Kyle Pomerleau, Low and Moderate Income Taxpayers Face High Marginal Tax Rates Too

Yesterday, the CBO released an interesting graphic showing the share of income earners below 450 percent of the federal poverty line. (Incomes up to $87,885 for a family of three).

From a sample of tax returns, they found that nearly 40 percent of those making 450 percent of the FPL and lower face a 30 to 39 percent marginal tax rate.

They also find that a good number of taxpayers face marginal tax rates that are even higher. More than 10 percent face a marginal tax rate between 40 and 49 percent. Some even face rates higher than 80 percent.

 

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This marginal rate is part of the poverty trap caused by the phase-out of means-tested welfare benefits like the Earned Income Tax Credit.  These cause programs touted as helping the poor to punish taxpayers who try to stop being poor.

 

Phil Hodgen,  Expatriate without filing FBARs? Sure thing

Kay Bell, Almost 700 IRS contractors owe $5.4 million in back taxes 

TaxProf, WSJ: States You Shouldn’t Be Caught Dead In

Trish McIntire explains her recent blogging silence.  Get well soon, Trish!

 

Jack Townsend,  Outlier Foreign Account Conviction Affirmed; Making a Witness Unavailable to the Defense.  He discusses prosecutorial success via intimidation.

Quotable.  From a comment by Dan Hanson at Marginal Revolution (via Tyler Cowen):

Failure isn’t rare for government IT projects – it’s the norm. Over 90% of them fail to deliver on time and on budget. But more frighteningly, over 40% of them fail absolutely and are never delivered. This is because the core requirements for a successful project – solid up-front analysis and requirements, tight control over requirements changes, and clear coordination of responsibility with accountability, are all things that government tends to be very poor at.

 

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