Posts Tagged ‘Steven Rosenthal’

Tax Roundup, 3/28/14: Trusts beat IRS. And: Seven-bedroom poverty!

Friday, March 28th, 2014 by Joe Kristan

Trusts won big over the IRS yesterday.  The Tax Court ruled that trusts can “materially participate” in business activities.  Taxpayers who materially participate in an activity don’t have to pay the Obamacare net investment income tax on income from the activity.  I have a full writeup, Tax Court decision cuts 3.8% Obamacare Net Investment Income Tax for many trusts.  

 

20120912-1FATCA: giving the government more ways to shoot jaywalkers.

 We submit these comments in the hope that they will help lawmakers and the public understand that FATCA, while intended to catch tax evaders, is poised instead to impose serious and unjustified harms on people who live around the world as non-resident U.S. citizens and green card holders, as well as their family members and business associates.

After all, you have to shoot the jaywalkers so you can slap the real international tax evaders on the wrist.

Quoted text from “Submission to Finance Department on Implementation of FATCA in Canada” by Allison Christians and Arthur Cockfield, via the TaxProf.

 

William Perez, Tips for Same Sex Married Couples Filing Their Tax Returns.

Kay Bell, Donating and deducting gifts to current, past disaster victims

TaxGrrrl, Taxes From A To Z (2014): N Is For Name Change and Taxes From A To Z (2014): O Is For Overpayment

Steven Rosenthal, You Could Owe Capital Gains Taxes When You Spend Bitcoin (TaxVox)

Tax Trials, IRS Releases Guidance on Convertible Virtual Currency: Bitcoin Treated As Property for Federal Tax Purposes

Scott Schumacher, Does Equity Have a Role in Offers in Compromise? (Procedurally Taxing)

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William McBride,New Study Finds U.S. Multinationals Pay Extremely High Effective Tax Rate. (Tax Policy Blog). Since Iowa corporate rates are the highest in the U.S., that makes us number 1 in the world, baby!

TaxProf, The IRS Scandal, Day 323

Tax Justice Blog, Tax Cuts Fall Flat in Idaho

False choice.  The Drive for Tax Reform: Hitting the Breaks or the Gas?  (Renu Zaretsky, TaxVox)

Career Corner.  The More Money Your Parents Made, the Less Likely You Are to Become an Accountant (Going Concern)

 

monk mountainIf all poverty were like this, monasteries would be more popular.  A Pennsylvania taxpayer is accused of trying the old “I’m a church” dodge.  From Lehighvalleylive.com:

Erik Von Kiel, formerly of Macungie, falsely told the federal government he was a minister with a Utah-based religious organization, and that he had renounced any interest in property or income, authorities said.

He did so while concealing his salary and assets, including a seven-bedroom Macungie home he bought with his wife in 2006 and later sold for $175,000, according to court documents.

Seven bedrooms?  Not bad for poverty.  Probably more accessible than many monastic residences, too.

 

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Tax Roundup, 2/5/2013: Iowa conformity bill clears Senate. Also: the uses of GPS navigation!

Tuesday, February 5th, 2013 by Joe Kristan

20130117-1The Iowa Senate approved the Iowa tax code conformity bill, SF 106, yesterday.  The bill was approved 48-0, which is a good sign that it will pass quickly — enabling Iowans to get on with filing their 2012 business returns.

The bill updates Iowa’s income tax for the Fiscal Cliff tax bill changes passed last month by Congress.    Key items updated to match federal rules include:

- Conforming with the $500,000 federal Section 179 deduction limit for 2012 and 2013.

- Allowing the optional deduction for state and local sales taxes for 2012 and 2013.

- Conforming to federal research credit rule changes

- Continuing the IRA charitable distribution exclusion

- Adopting the federal “above the line” deductions for college tuition and for out-of-pocket expenses of educators.

The bill does not adopt federal bonus depreciation for 2012 and 2013.  The bill does not show up yet on the calendars for the House Ways and Means Committee or for House floor debate, so it may not get to the Governor this week.  Update, 9:00 am: An e-mail from the House floor manager for the bill says the House may take it up as soon as tomorrow.

 

More boffo reviews for the shutdown of the IRS preparer regulation program! 

The Weekly Standard raves:

It’s hard to choose just one IRS knee-slapper, but here goes. The agency insists IJ’s “suggestion that the return preparer program is the product of a tainted lobbying effort is belied by support for the program from the Taxpayer Advocate, the Electronic Tax Administration Advisory Committee, numerous consumer advocacy groups, and comments from individual practitioners.”
The ETAAC is an IRS-administered panel whose members include lawyers and CPAs—who weren’t subject to the regulations—and people with connections to H&R Block and Jackson Hewitt, big businesses happy to help the government force the little guys out of the industry.

Protecting the taxpayers has never been the point.

The Wall Street Journal weighs in:

Rather than continuing to fight in court, the agency would do better to cashier the rules on legal and economic grounds. They are a classic example of big business harnessing government power to aid the powerful at the expense of small-business competitors. Meantime, won’t someone in Congress tell the IRS to stop exceeding its legal authority?

Sadly, no.

Meanwhile, the IRS has re-opened its PTIN registration system. It appears the IRS will still charge for them, though it’s not clear why anymore.

 

Nick Kasprak, Weekly Map: Sources of State and Local Tax Revenue: Sales, Excise, and Gross Receipts Tax:

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Leave Gennifer Flowers Alone!  Clinton woman pleads guilty to false tax returns.  Clinton, Iowa, that is.  From the Clinton Herald:

Regina Jimenez, 60, of Clinton pleaded guilty to two counts of filing
false tax returns. She faces up to three years of prison, a fine of up
to $1 million and costs of prosecution on each count.

According to court documents, Jimenez operated AA Accounting & Tax
Services, Inc. in Clinton from approximately 2007 through 2011. Jimenez
used the business to facilitate the theft of more than $200,000 from a
client who believed that Jimenez would use the money to pay the client’s
taxes.

There’s never a good reason to have your tax preparer pay your income taxes for you.  If your preparer tries to get cash from you “to give to the IRS,” ask many questions.

 

Paul Neiffer, Hedging Versus Speculation:

Remember, if the farmer purchases a corn call option as part of this hedging strategy, this no longer qualifies as a hedge (even though is a normal strategy of selling actuals and buying the “board”, for tax purposes, it is not a hedge)  and is considered speculation.  In many cases, the tax treatment can be harsh since if the option produces income, the IRS will treat it as ordinary and if it produces a loss, it will be considered a capital loss (the worst of both).

 

Because partnership tax isn’t screwed up enough?    Why the IRS Should be Taxing the Profits of Private Equity Funds as Ordinary Income (Steven Rosenthal, TaxVox).

Robert D. Flach, tax man of La Mancha New Jersey Pennsylvania, chases his favorite windmill: BEFORE I GO – MY “CRUSADE”

Windmills everywhere!  Carl Levin Continues to Play the Role of Don Quixote (Jeremy Scott, Tax.com)

Patrick Temple-West,  Democrats target corporate tax breaks, and more

TaxGrrrl, Guess What Turned 100 This Weekend?

Kay Bell,  Happy 100th birthday federal income tax

Brian Strahle,  The Maryland Wynne Case is Decided, Will The State Appeal Further?  A possible refund for Maryland residents with taxes in other states.

Brian Mahany,  OVDI – It’s Not Just For Unreported Foreign Accounts

 

Why you should spring for a good GPS unit.  You might get lost otherwise, like a star-crossed couple in my home town of West Des Moines.  The Des Moines Register reports:

The incident occurred at about 2:12 a.m. Friday, when a car pulled into a police station driveway at 250 Mills Civic Parkway marked for “Authorized Personnel,” according to a police report.

Police said the car passed two patrol cars and drove up a private drive before turning around when it reached a garage. An officer in one of the patrol cars then turned on his top lights and stopped the car.

The driver told officers they were trying get to Beach Girls, an adult entertainment venue at 6220 Raccoon River Dr., West Des Moines, according to the report.

The two officers reported that both the driver and passenger had bloodshot, watery eyes and that the vehicle smelled of marijuana.

If they mistook the West Des Moines cop shop for a strip club, either they already had enough fun for the night, or strip joints have changed a lot since my bachelor days.

 

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Tax Roundup, 1/29/2013: The best tax proposal ever. Also: tax season delayed for students and parents.

Tuesday, January 29th, 2013 by Joe Kristan
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Flickr image courtesy Pasa47 under Creative Commons license

A Tax I can support!  Tax the Revolving Door (Glenn Reynolds)

In short, I propose putting a 50% surtax — or maybe it should be 75%, I’m open to discussion — on the post-government earnings of government officials. So if you work at a cabinet level job and make $196,700 a year, and you leave for a job that pays a million a year, you’ll pay 50% of the difference — just over $400,000 — to the Treasury right off the top. So as not to be greedy, we’ll limit it to your first five years of post-government earnings; after that, you’ll just pay whatever standard income tax applies.

Plus make them wear clown clothes to work.  (Via the TaxProf)

 

Allysia Finley,  Mickelson and the Sports Star Tax Migration (Wall Street Journal):

About 3.5 million Californians have migrated to other states over the past two decades. Almost anywhere they chose to go would allow them to enjoy greater returns on their labor. Is it really surprising that athletes like Mr. Mickelson might be keeping an eye on the leaderboard?

It would be surprising if they didn’t.

 

Kyle Pomerleau and William McBride:  EITC Awareness Day (Tax Policy Blog)

Research has shown that the EITC is associated with higher workforce participation among certain populations.  However, Casey Mulligan’s research shows there is no free lunch here, since the EITC creates disincentives to work over the income range in which it phases out (roughly $20,000 to $50,000).  And because the EITC is one of many overlapping anti-poverty programs, such as unemployment insurance, they all add up to huge disincentives to work among the poor.

And some Iowa politicians want to increase the Iowa EITC, making it a bigger poverty trap.

 

Steven Rosenthal,  Chairman Camp Agrees: Too Many Choices Burden our Tax System (TaxVox)

Jeremy Scott, Huffington Post Draws Tenuous Link Between Camp Plan, Fix the Debt Group (Tax.com)

Robert D. Flach,  GUIDELINES FOR TAX REFORM:

Recognize and acknowledge that the purpose of the federal income tax is to raise the money necessary for the administration of the government and government sponsored programs.  It is not to be used to “redistribute income” or as a method for delivery of social welfare and other government benefits.

If that principal were vigorously applied to the tax law, the 1040 would fit on a postcard.

 

Climb in the Cavalcade!  Worker’s Comp Insider hosts the latest Cavalcade of Risk roundup of insurance and risk-management posts, including Insureblog on the Curly Bulb Menace.

Russ Fox,  Form 8863 Added to Returns that the IRS Won’t Accept Just Yet.  The form for tuition credits.

William Perez,  When Can You Begin Filing Your 2012 Federal Tax Return?

Jason Dinesen,  Taxpayer Identity Theft, Part 11.  In which the IRS ignores the change-of-address filing and mails a long-delayed refund to the wrong address.

Martin Sullivan, Taxing Financial PollutionOn the futility of a financial transactions tax. (Tax.com)

Missouri Tax Guy,  What you’ll Need.  A guide to gathering your tax return information.

TaxGrrrl,  Tax Season Kicks Off January 30th: Here’s What’s On Tap

Jack Townsend,  IRS Issues John Doe Summons to UBS (All Over Again)

Kay Bell,  Deducting sales tax on your new car … or boat or airplane or home

What does his politics have to do with anything?  Liberal man sentenced to federal prison for tax evasion (Topeka Capital Journal Online)

What does his species have to do with anything?  Beaver County sheriff’s deputy convicted of tax evasion (Pittsburgh Post-Gazette.com)
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Tax Roundup, 12/17/2012: Ames! And fixing the cliff by fudging withholding.

Monday, December 17th, 2012 by Joe Kristan

The expectant crowd gathers in Ames, Iowa for the final 2012 session of the ISU Center for Agricultural Law and Taxation Farm and Urban Tax School. 

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350 practitioners are signed up, and the coffee’s on!

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Fiscal Cliff Notes

 Because writing big checks in April is always popular.  A few commenters have said that the Treasury Secretary can prevent Fiscal Cliff disaster by just setting the withholding tables to pretend that the tax law isn’t changing January 1.  Marie Sapirie of Tax Notes says it’s not that simple ($link)

Commentators have suggested that Geithner may even be able to prospectively implement the administration’s policy of raising taxes on taxpayers making more than $250,000 per year by increasing withholding only on income above that level. That is almost certainly wishful thinking. Whatever the “most appropriate” amount of withholding to reflect the tax rates in section 1 may be, section 3402(a) does not give the Treasury secretary the power to create withholding tables that have no basis in current or recently expired law.

Of course Secretary Geither hasn’t always been big on following the tax law.

TaxProf,  NY Times: Itemized Deduction Cap: Popular, But Unfair 

KayBell,   National Taxpayer Advocate Nina Olson discusses fiscal cliff tax complications

TaxGrrrl,  Budget Resolution May Come Down To One Question

Steven Rosenthal,  Paying Taxes on Capital Gains Early: How Investors are Avoiding Tax Hikes (TaxVox): “All of this planning suggests that sophisticated taxpayers are outracing Congress again.” 

Nick Kasprak,Alternative Minimum Tax Increase Looming Over Fiscal Cliff Negotiations (Tax Policy Blog)

Robert D. Flach,  WHAT FOOLS THESE POLITICIANS BE!

Remain calm, all is well.  Deficit Hysteria and Debt Denialism (Joseph Thorndike, Tax.com)

 

TaxProf,  Sullivan: Why the SALT Deduction Is Always Under Attack

Megan McArldle discusses an interesting pension funding approach:

Big news in pensions today: Silverdex, a major US-based conglomerate with fingers in just about every economic pie, from mining to solar cells, turns out to have been stuffing its main pension fund full of… it’s own corporate bonds

Just kidding. 

I don’t really know how to say this, but sorry, I lied a little bit.  I’m not talking about a private company at all, because of course, if a private company did this, it would be completely and totally illegal.  Regulators would have shut this down decades ago and probably at least a few lower-level executives would have spent a little time in the pokey.  Instead this is, of course, a description of how the United States Social Security “trust fund” works.

Like so many things: private sector does it, it’s scandal and ruin.  Government does it, it’s Tuesday.

Courtney A. Strutt-Todd,  Tax Law Blog: Attacks on the Exemption for Municipal-Bond Interest and Why it is Important to the Average Taxpayer (Davis Brown Tax Law Blog)

Paul Neiffer,  Another Nice Feature of a Living Trust

Brian Strahle,  D.C. Combined Reporting: How Much Will it Cost Your Company?

Missouri Tax Guy,   Capital Gains, What you need to know 

Trish McIntire links to the annoying new 2013 EIC Interview Sheet, so practitioners can double up as welfare caseworkers.

Russ Fox,  What Happens When Cigarette Taxes go Through the Roof?

Martin Sullivan,  Capital Gains Frustration for Tax Reformers (Tax.com).  His “reformers” want to increase the problems inherent in capital gains taxes by increasing them.  May their frustrations endure.

The Critical Question:  Naming Spousal IRAs After Senator Hutchison – Is That A Priority ?  (Peter Reilly)  I still think Roth & Company should get royalties for the Roth IRA…

Linda Beale,   Goggle’s Bermuda hideaway/HSBC’s too-big status: time to rein in the corporations!  Too big, eh?  Google’s entire market capitalization is about $234 billion this morning.  That’s how much the federal government spends in 23 days.  And it’s Google that’s too big? 

 Sorry, I think there’s already a mortgage on it.  A New Way to Reduce Our National Debt – Sell Alaska. (Greg Mankiw)

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