Posts Tagged ‘tax administration’

Tax Roundup, 5/13/2013: Modified limited hangout edition. And a tax blog hijacking!

Monday, May 13th, 2013 by Joe Kristan

20130419-1If the IRS hoped Friday’s “apology” for giving extra special attention to tax-exemption applications of right-side groups would settle things, they’re very disappointed this weekend.  The Washington Post reports that the Treasury Inspector General for Tax Administration will soon issue a report saying Friday’s apologizer, IRS Director, Exempt Organizations, knew this was going on in 2011.  Meanwhile, in 2012 IRS Commissioner Doug Shulman was still testifying that IRS was not picking on the Tea Party.

So not only was the Shulman era at IRS grasping, incompetent and casually cruel, it was dishonest.

The Tax Prof has a fresh roundup, The Deepening IRS Scandal.

Another Washington Post story has this:

At various points over the past two years, Internal Revenue Service  officials singled out for scrutiny not only groups with “tea party” or “patriot” in their names but also nonprofit groups that criticized the government and sought to educate Americans about the U.S. Constitution, according to documents in an audit conducted by the agency’s inspector general.

The documents, obtained by The Washington Post from a congressional aide with knowledge of the findings, show that the IRS field office in charge of evaluating applications for tax-exempt status decided to focus on groups making statements that “criticize how the country is being run” and those that were involved in educating Americans “on the Constitution and Bill of Rights.”

Yes, we sure need to keep an eye on those wingnuts who want to educate people on the Constitution and Bill of Rights.  Dangerous lunatics, they are!

There is so much blog coverage of this that I won’t even try to round it all up.  A few links from our blogroll:

Megan McArdle,  Why Did the IRS Target Conservative Groups?

Going Concern, Footnotes: Tea Party Patriots to IRS: Drop Dead

TaxProf,  Schmalbeck on the IRS ‘Targeting’ of Conservative Groups, where an academic gives a ”nothing to see here” take, one that is already largely overtaken by events.

 

And some other coverage:

Connor Simpson,  Why the IRS Abruptly Apologized to the Tea Party  (via Instapundit):

The report doesn’t shay whether or not Shulman was informed about the Tea Party questioning, but it does show the IRS’s chief counsel was. It’s standard procedure for the counsel and commissioner to discuss this  sort of thing before a Congressional hearing.

If so, The Worst Commissioner Ever can only plead incompetence instead of lying to Congress.

Reason.com has a bunch of posts at their Hit and Run blog, including  Matthew Feeney,  IRS Scrutiny Extended Beyond Tea Party Groups (Reason.com); Jesse Walker,  A Brown Scare at the IRS?; Matt Welch,  NY Times: IRS Targeting of Tea Party Only Proves Republicans Are Desperate  “It’s the inability to see discrete news events for what they are, rather than what they might mean for the neverending scrum between Teams Red and Blue.”

Jonathan Adler,  IRS Scrutinized Teaching the Constitution (Volokh Conspiracy)

Professor Bainbridge, Wider Problems Found at IRS – Twisting slowly in the wind

William Jacobson,  IRS anti-Tea Party scandal gets real — senior IRS officials aware of targeting (Update – Chief Counsel knew and targets expanded to groups “educating on the Constitution and Bill of Rights”)

Katrina Trinko, Rubio: IRS Commissioner Should Resign Immediately (The Corner)

Ann Althouse has more.

And here’s my take from Friday, if you missed it:   Look at a celebrity return?  You’re fired!  Harass a Tea Party outfit?  Carry on.

 

In other news:

Nina Olson, IRS Taxpayer Advocate, has an article in Tax Analysts (via the TaxProf) affirming her support for taxpayer regulation.  Ms. Olson has done much good work as Taxpayer Advocate, but her support for increased preparer regulation is economically uninformed and hopelessly wrongheaded.

 

Russ Fox,  IRAs and Owning a Business Through an IRA and  What Can Go Wrong?  Nevada Democrats Want to Give Tax Breaks to Movie Industry

Peter Reilly,  Brooklyn Grandmother Wins On Dependency Exemption.   Just in time for Mothers Day!

TaxGrrrl,  IRS Set To Close Next Week.  Bad news: it’s only temporary.

 

Trish McIntire,  Max and Dave Looking for Reform

Nick Kasprak,  Do Tax Cuts Pay for Themselves?

Patrick Temple-West,  Falling deficit alters budget debate, and more

Linda Beale,  Orrin Hatch on tax reform at the ABA–a predictable right-wing rant

 

Andrew Mitchel,  Barnes Group – Structured Repatriation Was a Dividend.  In spite of the best efforts of national tax firms.

Phil Hodgen,  Decline of American Civilization, Form 8938 Edition.  “Let’s just bury the world in useless paperwork, shall we?”  That does appear to be the plan.

 

Kay Bell,  IRS reports gains in criminal tax, other financial investigations

Jack Townsend, Cheating is Cheating, Except When Offshore Accounts Are The Means, followed up with More on Conviction Rates in Tax Cases.

Janet Novack,  Independent Contractor Enforcement: There’s More Than The IRS To Fear.  Plenty of state rules and taxes also come into play.

Jim Maule,  The Complexities of Tax: Is This Really Necessary?  “A recent IRS private ruling, PLR 201318003, illustrates how the special low rates for capital gain adds layer upon layer of complexity to the tax law.”

 

I’d like to report a hijacking.  It looks like somebody at Tax Analysts forgot to renew their ownership of the  tax.com domain name.  Going there this morning gets this:

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Tax.com is (has been?) home to the great group blog featuring, among others, David Brunori, Christopher Bergin, David Cay Johnston, Martin Sullivan, Cara Griffith and Clint Stretch.  I hope this is only a temporary hijacking.

 

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Yes, let’s talk about the IRS budget.

Thursday, May 2nd, 2013 by Joe Kristan
One place where the IRS spends its money.

One place where the IRS spends its money.

Going Concern tells us that David Cay Johnston Would Like To See More News Articles About More IRS.  He thinks the reduction in IRS funding from the sequester should be treated as a bigger deal.

Fine.  It’s important.   Let’s expand our discussion and talk about how the IRS is spending the money it already has. For example, it is spending lots of money to go to court to expand its power over tax preparers.  It is spending money lobbying Congress to overturn the court decision thwarting its preparer regulation power grab.  If it succeeds, it will spend millions imposing busy work requirements on preparers that will cost taxpayers many millions more while lining the pockets of the big franchise tax prep firms.

It is spending money prosecuting a widow who tried to come clean on foreign bank accounts she inherited.  It spends money beating up on honest taxpayers who innocently run afoul of obscure foreign account rules.

While it spends money on these things, it sends billions of dollars of your tax money to identity thieves each year.  It sends over $10 billion annually to earned income tax credit scammers.  It spends very little to help the honest taxpayers whose identities are stolen, and what it spends isn’t very effective.

So yes, let’s talk about IRS spending.  And let’s talk about what they should be spending it on.  Spending more on not sending money to thieves would be a good start.

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Tax Roundup, February 25, 2013: And the award for the dumbest economic development tax credit goes to…

Monday, February 25th, 2013 by Joe Kristan

20130225-1

Field of bad dreams.  TheFiscalTimes.com says Iowa is the ninth worst state for taxes:

The Hawkeye State gets a black eye for being the second worst state for corporate taxes, with a 12 percent rate. It also ranks 37th in property taxes, 33rd in individual income taxes and 34th in unemployment insurance taxes.

 They accompany the article with this photo of the “Field of Dreams” — an unwitting illustration of the problems of Iowa tax policy.  The Governor last year signed a proposal giving a special sales tax exemption to a private athletic complex being built around the field, made slightly famous in the Kevin Costner movie.  It’s special carve-outs like this that make for high rates and complicated taxes all around.

 

Speaking of movie-related scams, Instapundit Glenn Reynolds writes in the Wall Street Journal The Hollywood Tax Story They Won’t Tell at the Oscars.  Here he talks about how it worked out in Michigan:

State leaders ballyhooed the plan as a way of moving from old-style industry to new.           

Despite tens of millions of dollars in state investment, the promised 3,000-plus jobs didn’t appear. As the Detroit Free Press reported last year, the studio employed only 15-20 people. That isn’t boffo. That’s a bust. The studio has defaulted on interest payments on state-issued bonds, and the guarantors—the state’s already stressed pension funds—may wind up holding the bag. “In retrospect, it was a mistake,” conceded Robert Kleine, the former state treasurer who signed off on the plans in 2010.

He doesn’t neglect Iowa’s film fiasco:

Iowa ended its motion-picture subsidies in 2010, after officials misused $26 million in state money, leading to criminal charges. According to a 2008 investigation by Iowa Auditor David Vaudt, 80% of tax credits issued under the state’s film-subsidy program had been issued improperly (to production companies that weren’t even spending the money in Iowa, for example).

 

Two film credit recipients are now serving 10-year sentences on theft charges arising from the program.  That’s fine, but I really want to see a groveling public apology from the Governor who signed the program into law, the “economic development officials” who turned the keys to the state treasury over to a former Walgreens photo desk clerk in charge of the program, and to the legislators — all but three out of 150 — who voted the moronic program into existence.

 

 

Sequestration panic at the IRS.  Politico adds IRS cuts to the least of things we’re supposed to freak out about in the face of the tiny impending sequestration spending cuts:
“At a minimum, it’s probably going to take longer for people to get through on the phone; it’s going to take longer for refunds to be processed,” said Floyd Williams, a senior tax counsel at Public Strategies Washington.

Williams, who worked for the IRS for nearly two decades and directed the agency’s legislative affairs office for 16 years, says the sequester could also be a boon to those who purposely commit fraud, or accidentally fill out returns incorrectly.

Good thing the IRS can redirect the employees who had been assigned to the preparer regulation program to do something useful, now that the courts have shut down that futile enterprise.  The IRS can’t stand their good fortune, though; Tax Analysts reports ($link) that the IRS is appealing the court decision.

It would be even better if Congress stopped using the IRS as the Swiss Army Knife of public policy.  Given the agency’s new mandate to take care of our health insurance, their performance at the job of actually collecting taxes is only going to get worse.


Preparers gone bad.  Accounting Today rounds up the week in preparer fraud, including a guy in New Mexico who, while serving time for identity theft-related charges, has been hit with 56 counts of fraud and embezzlement.  That would be overachieving in underachieving.

 

Hak Ghun will travel.  To Club Fed. From DurangoHerald.com:

Durango man pleaded guilty to tax evasion this week in federal court in New Mexico.

Hak Ghun, 62, is facing 12 to 18 months in prison after signing a plea agreement with the U.S. Attorney’s Office. He also will be required to pay $249,567 in restitution to the Internal Revenue Service.

The man was accused of embezzling from a company that had received investments from the Navajo Nation. For those who don’t get the old TV show reference, here you go.


 

Paul Neiffer,  Safe to File After March 1

If a fire is worth fighting, it’s worth fighting in style.  But the firefighter still can’t deduct the Benz.  My new post at IowaBiz.com, the Des Moines Business Record blog for entrepreneurs.

Janet Novack,  The Forbes 2013 Tax Guide

Peter Reilly, Don’t Be Fooled By E-Mail ‘From IRS’ – But Don’t Ignore Their Snailmail

Jim Maule,  Tax Law Provision Enforceable Even if Unwise.  That would be most of them.  For example…

Tax Effects of the Health Care Act (Missouri Tax Guy)

Patrick Temple-West, Payroll tax’s return hits retailers, and more (Tax Break)


These guys are what I call real public servants.  Vigilantes fighting revenue-driven traffic enforcement (The Telegraph, London).

Breaking:  Women Are Not Men: A New Freakonomics Radio Podcast

Today’s Going Concern employment tip: Accountant on Probation for Embezzlement Still More Employable Than the Average Non-Accountant (Temporarily)

 

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Tax Roundup, 1/30/2013: Bah. Humbug. And where states get their cash.

Wednesday, January 30th, 2013 by Joe Kristan

20130130-4Why so grumpy?  Because it’s the first “official” day of tax season as the IRS begins processing returns.   But only some of them.  The last-minute Fiscal Cliff tax law is delaying the processing of many forms, delaying most business filings until “late February or into March.”  They also have delayed processing of returns with education credits until sometime next month.

Oh, and the streets are a mess.

Kay Bell,  Tax filing on hold for taxpayers who need 31 federal forms

TaxGrrrl, IRS Opens For Business Today, Many Taxpayers Qualify To File For Free

 

Taking your money to give to the well connected.  From Taxing the Rich to Pay for Big Business Tax Credits by Veronique de Rugy:

 

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Taking from the small businesses, giving to the big business with pull.

 

Brian Gongol on the decision of Senator Harkin to not seek an umpteenth U.S. Senate term:

Wouldn’t it be wonderful if we could start with a blank slate and ask ourselves (as Iowans): Who is the smartest, most dependable, most thoughtful person we could send to an august body of decision-makers who are challenged with bringing wisdom and sobriety to the decision-making process of government?

Like somebody like that would stand a chance.

 

Why bother with a state corporate income tax?  While state income taxes are a reliable source of work for people like me, they do surprisingly little for the states, according to a new report released by the Tax Foundation yesterday.  Nationwide state corporate income taxes accounted for only 3% of 2010 state revenues.  In Iowa, it’s even lower.  Here are the revenue sources from Iowa and some nearby states:

Source: Tax Foundation

Source: Tax Foundation

 

The corporation income tax raises little revenue, is expensive to administer, is exploited by the well-connected and well lobbied, and is almost certainly a job-killer.  Why not go for a low-rate, low-loophole system like The Tax Update’s Quick and Dirty Iowa Tax Reform Plan?

TaxProf,  A Distributional Analysis of the Tax Systems in All 50 States, passing on a report from the Center on Budget and Policy Priorities says state tax systems are regressive.  Keep this in mind:

Source: Heritage Foundation/

Source: Heritage Foundation/

If you only look at the distribution of taxes paid and ignore the value of services and cash payments received, you miss a lot.

 

Janet Novack,  IRS Tips Won’t Protect You From Identity Theft Tax Fraud.

Jack Townsend,  Article on Importance of Jury Instructions in White Collar, including Tax, Crime Cases

Jason Dinesen, An Obligatory 1099-K Post for 2013

Trish McIntire,  Before You Sign.  A timely reminder that you are responsible for what’s on your return, even when you use a paid preparer.

Patrick Temple-West,  Mickelson and the sports star migration, and more (Tax Break)

William McBride, CRS: Tax Rates Do Matter for Profit Shifting (Tax Policy Blog)

Joseph Thorndike, The Income Tax Is Inquisitorial — Get Over It(Tax.com) May he have a good National Research Project exam in his future.

Robert Goulder, French Budget Minister Caught In Tax Probe (Tax.com)

That wouldn’t take much.  Payroll Tax Cuts May Boost the Economy More than You Think (Howard Gleckman, TaxVox)

 

Bad news, good news:  The Twinkie is Dead! Long Live the Twinkie! (Megan McArdle).

News you can use.  Tax Law Warning: Don’t Cut Mom a Rent Break (Jim Maule)

 

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Tax Roundup, 1/7/2013: Economist says Iowa’s problem is income tax, not property tax. And: thieves don’t report all of their income?

Monday, January 7th, 2013 by Joe Kristan

O. Kay Henderson reports that maybe the Branstad focus on property taxes is misplaced in Economist: Iowa income taxes not competitive:

A Midwestern economist says Iowa policymakers should focus on cutting income taxes rather than property taxes. Ernie Goss, an economist at Creighton University in Omaha, says Iowa’s income tax rates are fifth highest in the country.

“In terms of what Iowa needs to look at, in my judgement, given what’s going on in Kansas, what’s about to go on in Nebraska — Iowa’s neighbors — you need to look at income taxes, in terms of being more competitive,” Goss says.

Iowa property taxes are too high, but income taxes  matter more for many taxpayers.  While property taxes are a big deal to companies that own real estate, like a manufacturer or a big insurance company, income taxes can mean a lot more to a start-up or a tech company.  Fortunately the Tax Update’s Quick and Dirty Iowa Tax Reform Plan is ready to go!

 

Making a dent in the deficit!  A chart shows how much the tax increases on “The Rich” will reduce the $1.2 trillion federal deficit (new taxes in green, deficit in red)

Fiscal cliff taxes vs deficit

Either the government spends a lot less, or taxes go up a lot for everyone. The rich guy isn’t buying

 

The IRS isn’t buying, either.   Tax Analysts reports Better IRS Enforcement Could Net $1 Billion More a Year, Says GAO ($link).   $1 billion is less than 1/1000 of the deficit.  They won’t audit their way to solvency.

 

Breaking tax news from the Eisenhower administration:

Amity Shlaes,   Think Obama’s Tax Hikes Are Low Compared With Rates Of The 1950s? Think Again.  (Via Instapundit)

Andrew Biggs,  Were taxes really higher in the 1950s?

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It’s Monday.  Do you know if your payroll taxes have been remitted?  Another sad story of a payroll service provider who decided he needed taxes withheld from his clients more than the IRS did.  Digtriad.com reports that Arthur Weiss of Winston-Salem, North Carolina is going away for 15 years:

Case documents show Weiss operated professional employer organizations (PEOs), which provided payroll-related services to client companies. For his client companies, Weiss agreed to pay the employees, withhold and remit federal and state taxes, prepare and file the federal and state employment tax returns  and provide workers compensation insurance (WCI).

Weiss did pay the employees and withhold the employment taxes, but he failed to remit the employment taxes, keeping them for his personal use.

PEOs that file taxes under their own names and ID numbers have a hidden danger: their clients can’t verify that the IRS has received their payments via the Electronic Federal Tax Payment System (EFTPS).  Employers can use EFTPS to monitor payments when they use a payroll service that reports employee taxes under the employer’s own name and Tax ID number.  This makes it necessary for taxpayers to investigate PEO-type providers very carefully before trusting them with payroll services.  If your payroll taxes are stolen by your payroll provider, the IRS will come after you to collect.  Not many employers can afford to pay payroll taxes twice.

Russ Fox has more.

 

Few thieves report their income honestly.  From WHOTV.com:

Disgraced former Peregrine Financial CEO Russell Wasendorf Sr. is in jail awaiting sentencing for embezzling over $200-million in customer funds, fraud, and lying to federal regulators.

Now the state says he may have also cheated on his taxes.

Records show the [Iowa Department of Revenue] filed an assessment in November against Russ  and Connie seeking $14.1-million in unpaid taxes and penalties to Iowa.

Good luck collecting anything.

 

Fiscal Cliff Notes:

TaxProf,  WSJ: The Stealth Tax Hike — Why the New $450,000 Income Threshold Is a Political Fiction

Elected representatives at work.  Tim Carney: Baucus rewards ex-staffers with tax breaks for their clients:

Tax breaks for Hollywood, NASCAR, windmills, algae and multinational corporations ended up in the “fiscal cliff” bill thanks to President Obama, according to Senate Republican sources. But they were spawned by a web of lobbyists, donors and staffers surrounding Democratic Sen. Max Baucus of Montana.

Baucus’ Finance Committee passed a bill in August extending 50 expiring deductions and credits for favored industries. At Obama’s insistence, the Baucus bill was cut and pasted word for word into the cliff legislation.

But it’s all for our own good, I’m sure.

William Perez, President Signs the American Taxpayer Relief Act into Law

The ‘fiscal cliff’ bill and Iowa entrepreneursMy new post at IowaBiz.com, the Des Moines Business Record blog for entrepreneurs.

Paul Neiffer,  Up to Ten Capital Gains Tax Rates for 2013!

Janet Novack,  The Forbes Guide To The Fiscal Cliff Tax Deal

TaxGrrrl,  10 Things You Should Know About The Fiscal Cliff Deal

 

Kay Bell,  Ravens, Redskins and tax revenue

Brian Strahle,  Minimize Restructuring Costs with State Tax Due Diligence

Peter Reilly,  War Tax Resisters – Don’t Call Them Frivolous.

Patrick Temple-West,  Inquiry into tech giants’ tax strategies nears end, and more (Tax Break)

Kaye A. Thomas,  American Taxpayer Relief Act

Tax Trials,  Senate Confirms Two New Tax Court Judges

Robert D. Flach ponders whether he should rename his Buzz roundup of tax news.  Don’t do it, Robert!

 

Make up your minds!

Tax Analysts, New Congress’s Partisanship, Inexperience May Hurt Chances for Tax Reform 

The Hill:  Tax reform more likely after ‘fiscal cliff’ agreement, say House Republicans. (Via Instapundit)

 

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Tax Roundup, 10/8/12: Ottumwa gets a Ponzi scheme. Also: Service, it’s in our name.

Monday, October 8th, 2012 by Joe Kristan

“Inheritance investment?” Are you serious?

Ottumwa man pleads guilty to tax charges in connection with Ponzi scheme.  Known to TV viewers of a certain age as the home of Radar O’Reilly, Ottumwa, Iowa now also has its own Ponzi scam.  CBSNews.com reports:

An Ottumwa, Iowa investment manager is likely heading to prison after pleading guilty to charges of wire fraud and tax evasion stemming from a $1.1 million Ponzi scheme.

John Francis Holtsinger pleaded guilty Friday during a hearing in federal court in Des Moines as part of a plea agreement with prosecutors.

The plea deal says that Mr. Holtsinger told people that he would invest their money, and he instead spent most of it.  On what?  Things that might be sold to recover funds for the investors?  The indictment doesn’t offer much hope for recovery (my emphasis):

Of the $493,000 in funds received from investors, only $155,000 was transferred to an investment account at Interactive Brokers.  The remainder was deposited into accounts controlled by Holtsinger and used by him to further his scheme and for his personal use including, but not limited to, legal expenses, cas withdrawals, payment of living expenses, trips, accessing web-based “dating” sites, and other purposes different than he represented to investors.

Interesting scare quotes around “dating.”  In any case, it’s not an investment likely to produce anything that his victims would want.

The indictment and plea deal together show that there were warnings to his investors.  He wasn’t a registered investment advisor, for starters.  And this from the indictment should have triggered BS detectors:

After conducting trades on behalf of investors for a short period of time, Holtsinger offered and sold investments to the investors in the form of promissory notes.  He represented that the notes would yield high returns with no risk including, but not limited to, what he called an “inheritance investment” that would be invested through his mother and pay out upon her death.  The “inheritance investment” required a $20,000 deposit and was to pay annual returns of 9% with automatic liquidation and payout if the investment dropped below 3% of its initial value.

The “high returns with no risk” fairy is the Tax Fairy’s evil twin sister.   When she shows up, it’s time to back away quickly from whoever brings her into the room.  Other red flags:

- When he couldn’t come up with cash, he came up with excuses, like “informing investors… that their funds had been frozen as a result of actions taken by state or federal authorities.”

- After learning he was being investigated, “…he attempted to convince investors to lie to law enforcement and under oath regarding the purpose of the funds they had given to him.  The defendant instructed these individuals to describe their payments to him as ‘interest-free loans,’ when in reality they were investments.  The defendant also threatened that anyone who cooperated with law enforcement would not be repaid.”

Unfortunately, the not getting repaid part was already true.  The plea deal says that Mr. Holtsinger faces a four-to-seven year sentence.

 

Service: It’s in our name.  Victims of Identity Theft Get Little Help From IRS

Service: It’s in our name (II):  Report Fraud to the IRS? Watchdog Says IRS Flubs Over 100,000 Tips Annually (Robert W. Wood,Forbes).

They can take it, but they can’t dish it out.   Indiana Public Officials Indicted for Tax Fraud and Other Offenses  (FBI press release)

Andrew Mitchel, Form 1099 for Payments to Foreign Contractors for Services?

One question that often comes up is how a domestic U.S. business should treat payments to a foreign contractor for services performed outside the U.S.  Is a Form 1099 required?  Is withholding required?

As long as the foreign contractor is not a U.S. person and the services are wholly performed outside the U.S., then no Form 1099 is required and no withholding is required.

Jason Dinesen,  Connecting Strange Baseball Rules to Taxes   The infield fly rule is involved.

Martin Sullivan,  Ways and Means Chairman To Cut Corporate Interest?

Russ Fox,  Gillette Decision Upheld, But Beware.  Important news for taxpayers with California activity.

Kay Bell,  Pastors’ tax break for housing under renewed fire

TaxGrrrl,  WWJD*? Pulpit Freedom Sunday Likely to Bring Slams Against Obama, Romney

Anthony Nitti,  Crunching Numbers on a Hypothetical Cap on Deductions

William McBride,  More on How to pay for Romney’s Tax Cuts

Trish McIntire,  EFTPS Changes

Daniel Shaviro,  Follow-up on the financial transactions tax

Jim Maule,  Say One Tax-and-Spending Thing, Do Another

Robert D. Flach has a new Buzz tax roundup.

The Tax Update is so awesome, our comment trolls have Pulitzers.

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Tax Roundup, 8/20/2012: Meet the criminal masterminds that outwit Doug Shulman’s IRS.

Monday, August 20th, 2012 by Joe Kristan

Doug Shulman, protecting the taxpayer

You are sending $5.2 billion annually to identity thieves, courtesy of Douglas Shulman’s IRS.  What sort of criminal masterminds are outwitting IRS internal controls to pick your pockets?  Tampabay.com tells the story of one modern-day Professor Moriarty:

More than 10,000 people remain on a waiting list for federally subsidized housing in Hills­borough County.

Not LaSandra Gamble, 27-year-old mother of five.

Last summer, between housing, utilities and food stamps, she drew benefits of $2,363 a month, Tampa Housing Authority files show.

Yet, in August 2011, she put down $9,000 on a black 2006 Lexus GS430, police said. Three days later, they said, she put down another $9,000, this time on a red 2007 Lexus ES 350. Combined, the monthly payments were nearly $2,000.

Gamble, in an interview, said police have it wrong. She said she got the cars because she was involved with the car dealer.

“I didn’t have to put nothing down,” she said. “We were in a relationship.”

Legally, she was in a relationship with her husband, 33-year-old Angelo Juan Pedrosa, whom she had married a year earlier.

Police got involved Oct. 8, when they stopped Pedrosa driving the black Lexus. Pedrosa is a convicted cocaine dealer. Along with marijuana residue, the officers reported finding $6,000 and a dozen debit cards in other people’s names.

Reloadable debit cards, sold online, carry Visa or MasterCard logos. Some people use them to shop on the Internet, control spending or get around poor credit. Tax thieves use them to collect refunds from the IRS.

Police filed a report with the IRS.  Ms. Gamble denies any involvement with tax fraud.

The gist of the TampaBay.com story is that the multi-billion dollar refund fraud — much of which is based in Tampa — is largely the work of thieves who are also collecting money from you through public assistance, and a motley array of petty thieves.   And Doug Shulman’s IRS is helpless to stop them.

Or maybe they just have priorities other than protecting your tax money.  Priorities like expanding the power of the bureaucracyAn opinion piece in today’s Wall Street Journal by Chip Mellor of the Institute for Justice (via the TaxProf):

Under new regulations imposed last year—without congressional approval—the IRS now requires all paid tax preparers to become “registered tax return preparers” by paying extra fees, passing a government exam, and taking continuing-education classes annually. (Exempted from the mandate are attorneys, CPAs and politically powerful “enrolled agents.”) Big tax-preparation firms such as H&R Block and Jackson Hewitt supported the licensing scheme, as did lobbying groups representing CPAs and others who are exempted from new regulation. 

So while petty thieves loot the Treasury, rest assured that Doug Shulman’s IRS is doing what it can for the well-connected.  For a taste of what it Doug Shulman is doing for those whose identities are being stolen (darn little), check out the newest installment in Jason Dinesen’s saga of a client’s identity theft nightmare.

 

Billy Hamilton of State Tax Notes has a fine history of the Iowa Film Credit up today.  Unfortunately at the moment it is only available to State Tax Notes subscribers (here).  He uses a “film noir” theme to tell the story:

Unless all of the main characters are dead, life continues past the closing credits, and in Johnny’s case, that means arrest and a return to the Big House. But filmmakers and audiences seldom bother with what is, in effect, the story after the story.

     That probably helps to explain why there was minimal press attention when opening arguments began on July 23 in the trial of the last of 10 defendants charged in the Iowa film tax credit scandal that erupted three years ago and was a hot topic at the time in Iowa, in the movie community, and in tax circles.

If you get a chance, read the whole thing.

 

Peter Reilly, Should We Care About Romney’s Unreleased Tax Returns?:

The business culture that both Romney and Warren Buffett have  operated in, as have I at a much less ethereal level, considers overpaying taxes to be irresponsible.  That is the story of Romney’s tax returns.

I’ve not encountered a business culture that considers overpaying taxes to be “responsible.”  Peter’s post is worth reading for the “It’s a Wonderful Life” references alone.

 

Tax Policy Blog: Usain Bolt Serves the UK an Olympic Hangover and At least 90 Percent of Americans Have a Lower Income Tax Rate than Romney

Kay Bell: Romney’s tax returns take 2

Robert D. Flach has been busy, with a new “Buzz” and a look at RYAN’S TAX RETURNS.

Anthony Nitti, Tax Policy Center Fights Back

Jack Townsend, Swiss Banks Rat Out Their Employees to U.S.

TaxDood, Usain Bolt Serves the UK an Olympic Hangover

TaxGrrrl is moving her offices this week, so she makes the best of it with Moving Right Along: Deducting Work-Related Moving Expenses

Good news for Iowa’s Mississippi River towns: Illinois Adopts Strip Club Tax (Russ Fox)

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Tax Roundup, 7/3/2012: A solution to ID-theft refund fraud? Plus lots of Obamacare, and Zombies!

Tuesday, July 3rd, 2012 by Joe Kristan

And yet our leaders don’t lift a finger to stop it. Olson: Death master file data encourages tax fraud (Fiercegovernmentit.com):

In making public the death master file, the Social Security Administration is actually facilitating tax-related identity theft, said Nina Olson, taxpayer advocate for the Internal Revenue Service. Olson testified June 28 before the House Judiciary subcommittee on crime, terrorism and homeland security.

There are some legal questions as to whether or not SSA can restrict access to the DMF, which includes recently-deceased individuals’ full names, social security numbers, dates of birth, dates of death, and the states and zip codes of the last address on record, said Olson.  

“For that reason, I strongly support legislation to restrict public access to the DMF. However, I believe the SSA has at least a reasonable basis for seeking to limit public access to the DMF and if legislation is not enacted, I encourage SSA to act on its own,” she said.

This has been common knowledge among practitioners for years.  Many parents have had the heartbreak of child death compounded by identity theives filing refunds for their dead kid off the master file, leading to long paperwork duels with the IRS.  Yet IRS Commissioner Shulman has been too busy creating a government-controlled class of tax preparers to care.

So maybe citizens are taking matters into their own hands?  ”Signs of tax refund fraud found in home of man targeted in shooting” (Tampa Bay Times)  More from TBO.com.

Taxpayer Advocate Service Warns Congress About Late Tax Changes (Tax Policy Blog):

With wholesale changes to American tax law scheduled for January, many tax analysts are rightly concerned about the serious complications that will arise, both for individuals and the IRS. Tax Analysts published an article (subscription required) on June 28th covering a report by the Taxpayer Advocate Service, which argued that Congress’s “continual enactment” of tax law in late 2011 delayed millions of tax returns, a disturbing trend that threatens to add a significant compliance burden to the public at large. 

Just one more reason to require congresscritters to prepare their own returns in a live, archived webcast with a rolling comment bar to enable us to provide running commentary and, um, encouragement.  Update, 7/11/12: full article available here.

What the tax changes in Obamacare mean for entrepreneurs in 2013.  My latest post at IowaBiz.com, the Des Moines Business Record blog for entrepreneurs.

TaxGrrrl: Professionals Offer Thoughts, Perspective on Supreme Court Health Care Ruling

State 29: Obamacare Screws Families Who Use Health Flex Spending Accounts In 2013

Anthony Nitti: The Clock Is Ticking on the Investment Income Surtax. What Should You Do?

William Perez, Tax Impacts of the Supreme Court’s Health Care Decision

Martin Sullivan: The Economic Case for Unlocking Foreign Profits (Tax.com)

Peter Reilly, prepared for anything: Zombies And The Estate Tax – Law Professor Questions How Dead Are The Undead ?

Today in History: Union troops at Gettysburg broke Pickett’s Charge 149 years ago today, marking the “high water mark” of Vampire power in the U.S.

Because boredom isn’t frightening?  Yes Auditors, It Is Possible to Explain Your Job Without Scaring People Away (Going Concern)

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Obamacare: it’s a tax!

Thursday, June 28th, 2012 by Joe Kristan
http://www.rothcpa.com/misc/20090617-2.jpg

Flickr image of “The Ultimate Swiss Army Knife” by redjar

The Supreme Court surprised just about everybody today by holding that the Affordable Care Act was not a permitted exercise of C ongressional Commerce Clause power, but it was still valid as a tax.  That means the Act remains in place unless the other two branches pass a repeal.  As a practical matter, then, nothing changes.  All of the new taxes and penalties — oops, it’s all taxes now — will take effect as scheduled. 

The most important of these from a tax planning point of view may be the Act’s 3.8% tax on “unearned” income. This tax will apply to interest, dividends, rents and capital gains starting in 2013 for taxpayers with AGI over $250,000.  It also applies to “passive” income from pass-through trades or businesses.  Examples will include inactive family owners in a family business.  The law applies the “passive loss” rules in determining whether the 3.8% tax applies.  This will incentivize owners of profitable businesses to claim they are “materially participating” in the business.  Up to now, such taxpayers often didn’t have to take a stand on whether they were passive, as long as the business was profitable.   Look for a lot of family members with big K-1s to start pulling down W-2 income where they never had done so, to  bolster their case for being non-passive.

There is also a .9% additional surtax on salary income and self-employment income when wages exceed $250,000 on a joint return ($200,000 single).  This will increase the attraction of using S corporations and keeping the salary below these thresholds, sending out the rest of the income on the K-1 free from these penalties.

If the bill isn’t repealed, the penalty tax on individuals who fail to buy health insurance will take effect in 2014.  For the first year it applies at the greater of a laughably small $95 per year in 2014, or, if greater, 1% of “household income” — the aggregate incomes of all members of the household required to file tax returns.  That will rise to $695 per year by 2016 or 2.5% of household income, if greater, by 2016.  Strangely, the IRS can’t collect this tax without the taxpayer’s help.  If the taxpayer doesn’t fork it over voluntarily, or have a refund against which to apply it, the IRS can’t use its collection tools — levies, seizures and so on —  to collect it.  That means a lot of people will make sure to fiddle their W-4s  so they never have an overpayment on their 1040s.

 Maybe the most depressing aspect of the decision is the way it seems to endorse using the tax law as the Swiss Army Knife of public policy.  Things that Congress can’t enact any other way are now possible if they can somehow be crammed into the tax law.  The tax code is already groaning under its load of responsibilities for industrial policy, health policy, welfare policy and housing policy, for starters.  The IRS Commissioner is now sort of a super cabinet member with a portfolio that dwarfs most of the “real” cabinet departments.  Of course, the IRS is ill-suited to this role, resulting in poor policy administration and poor tax administration.  Thanks, Justice Roberts!

Related:

Tax Policy Blog: Supreme Court Problematically Defines Individual Mandate as “Tax” and Roundup of Reactions to Supreme Court Health Care Ruling

Althouse: Chief Justice Roberts writes an opinion limiting the commerce power and the spending power.

Philip Klein: The Supreme Court’s Obamacare ruling — abridged

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A politically motivated tax prosecution in Oklahoma?

Monday, June 25th, 2012 by Joe Kristan

Federal judge dismisses tax fraud case. The judge ruled that the prosecution case was so weak that the defense didn’t even need to make a case. More disturbing, the case may have been politically motivated:

Several Oklahoma Panhandle ranchers and the assistant secretary of the Oklahoma Commissioners of the Land Office testified during the trial as government attorneys tried to support allegations that Parker had engaged in elaborate schemes to hide certain assets and evade paying more than $1.2 million in taxes, penalties and interest.

Parker contended all along that he didn’t scheme to hide assets, but that properties were owned by limited liability corporations established by his children to protect assets and for estate planning purposes. One of those properties was a Cimarron County ranch.

“It was ridiculous,” said Michael Minns, Parker’s attorney. “The government put a bunch of people on the stand to complain that the Parkers took their land.”

Apparently the defendant had outbid longtime holders of public land leases. Too bad there’s no way the defendant will ever get repaid for the time, expense and stress caused by what are at best weak charges, and which may have been politics by other means.  It shows why politicians who joke about using the IRS for political purposes aren’t funny.
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IRS: you aren’t allowed to escape our trap!

Tuesday, June 19th, 2012 by Joe Kristan

Flickr image courtesy Woodswalker under Creative Commons license

A bunch of McDonalds franchisees in Utah were run in a multy-entity structure: the restaurants were operated in one corporation, while a management company provided payroll, training and benefits services to the restaurants to the operating company.  In 2002 they began working with a consultant who advised them to make an S election for the management company and start an ESOP in it.  The management company also began a non-qualified deferred comp plan for the highly-compensated employees of the managmeent company.

The ink had barely dried on the new structure when the IRS issued new regulations that pretty much wrecked it all.  New rules on S corporation ESOPs, combined with the deferred comp plan, changed everything, as the Tax Court explains (my emphasis):

 On July 21, 2003, the Commissioner issued temporary regulations under which, for the first time, the definition of synthetic equity under section 409(p)(6)(C) included employee balances under nonqualified deferred compensation plans such as the NQDCP which petitioners had established within the management company…

Where the deemed-stock ownership tests of section 409(p) are violated, there are significant consequences to the disqualified persons, to the S corporation, and to the ESOP. Prohibited allocations in favor of disqualified persons are treated as currently taxable to the disqualified persons, sec. 409(p)(2)(A), and excise taxes equal to 50% of the total prohibited allocations are imposed on the S corporation, sec. 4979A. Further, the ESOP will not satisfy the requirements of section 4975(e)(7) and will cease to qualify as an ESOP.

But other than immediate tax, a 50% penalty tax, and ESOP termination, the structure would work just fine.  So the franchisees went back to the drawing board.  They bought the management company stock back from the ESOP. paid out the deferred comp balances of about $3 million, and terminated the ESOP under their own terms.  The taxpayers pretty much undid their plan and went back to their old setup.  But the IRS had another surprise:

On audit respondent determined that petitioners’ July 12, 2004, purchase and acquisition from the ESOP of the stock in the management company occurred for the principal purpose of avoiding or evading taxes by obtaining a loss deduction to which petitioners would not otherwise have been entitled, and respondent disallowed under section 269 the approximate loss deduction of $2,969,000 petitioners claimed.

They weren’t even joking.  Now Sec. 269 is a very obscure and rarely used tool in the IRS terror kit.  In the rare cases when it is used, it usually involves C corporations trying to buy net operating losses or tax credits.  I have never heard of it used on an S corporation, and the Tax Court seemed surprised too:

Respondent acknowledges that because S corporations are passthrough entities for Federal income tax purposes and do not keep their own deductions and losses (i.e., S corporation deductions and losses automatically pass through to the shareholders), it is extremely rare that the Commissioner would seek to make a section 269 adjustment in the context of a taxpayer’s acquisition of an S corporation.

The Tax Court sensibly saw things the taxpayers way.  The judge pointed out that the taxpayers would have been stuck with a bad tax structure caused by IRS rules adopted after they had already set it up (citations omitted):

The above transactions and steps clearly were related and planned as part of an effort to avoid problems created for petitioners by the Commissioner’s temporary regulations, to restructure the management company, and to terminate the ESOP; but they represent valid and real transactions with economic effect that require our recognition as legitimate business transactions.

It’s disturbing to see the IRS try to use Sec. 269 here.  Every ownership structure is tax-motivated in one way or another.  To challenge  a taxpayer’s entity structure is an improperly tax-motivated transaction, absent some weird result like a windfall tax loss or credit, is grossly improper.  This kind of position would result in penalties if taken by a taxpayer.  Taxpayers should be able to collect a similar penalty from the IRS when the agency litigates abusively like this.

Cite: Love, T.C. Memo 2012-166

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When IRS can’t collect $30 million it knows it is owed, maybe it shouldn’t be taking on new assignments

Wednesday, May 23rd, 2012 by Joe Kristan
http://www.rothcpa.com/misc/20090617-2.jpg

Flickr photo of "The ultimate Swiss Army Knife" by redjar

The Des Moines Register this weekend highlighted a case involving an Eastern Iowa trash hauler who the IRS says is behind on tax remittances by $30 million or so.

For two decades, federal authorities have tried unsuccessfully to get James L. Watts to pay his massive tax debts through assessments, liens and garnishments. But the U.S. Justice Department did not try to bring down a hammer on his business practices until late last year

Other problems have yet to be addressed by state and federal authorities, including the fact that Watts’ companies have failed to pay at least 14 judgments in favor of injured workers since 2008, according to the court records and Chris Godfrey, who heads Iowa’s Workers’ Compensation Division.

The result: Garbage truck drivers have been left injured and penniless, taxpayer-owned landfills have been shortchanged thousands in tipping fees, and state coffers have suffered along with the U.S. Treasury.

 The article says the problems go back to the 1960s.  We have discussed this case here.

As tax cases go, this seems rather straightforward.  The tax is assessed, the IRS knows who owes it.  Still, it can’t collect.

Every year Congress gives the IRS more to do.  It has become a sprawling superagency administering programs from industrial policy (R&D credits, export subsidies, manufacturing subsidies) to historic preservation, housing policy to healthcare.  If that’s not enough, the IRS has also eagerly taken on the chore of inventing a new profession of registered tax return preparers. 

Yet the IRS isn’t worth much if it can’t do its real job, assessing and collecting the proper tax.  Policy makers and the IRS Commissioner himself seem oblivious to the idea that making the agency the Swiss Army Knife of public policy reduces its ability to do the one job it should be doing. 

Links:

Order on moion for preliminary injunction
Amended IRS complaint
Answer to amended complaint

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Tax Roundup, 4/13/2012

Friday, April 13th, 2012 by Joe Kristan

What do Martha Stewart, Pete Rose and Ozzy Osbourne all have in common?  Tax troubles! A slide show of posh people with tax woes at SFgate.com.

Shulman? Political?  Perish the thought. “House Demands IRS Documents on Alleged Harassment of Tea Party Groups” (TaxProf)

CPA Firm Ryan LLC sues IRS over ban on contingent fees.  

I don’t care that you’re broke, we have preparers to regulate: IRS falling behind in processing offer-in-compromise proposals (TIGTA)

We’ll find your refund after we score these open-book competency exams.  Minnesota taxpayer has five-figure refund stolen in Florida, still waiting for IRS to straighten it out a year later (WCCO.com)

When in doubt, DON’T throw it out. Jana Luttenegger at the Davis Law Tax Blog talks about how long you should be Keeping Tax Records.

Going Concern: Gambling, Florida, and Worthless Green Bay Packers Stock: A Sports Fan’s Guide to Taxes

The science is settled: “…about the only thing the panelists agreed upon was that the Buffett tax is a terrible idea” (TaxVox)

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The preparer regulation power grab, explained

Wednesday, March 28th, 2012 by Joe Kristan

David Brunori unleashes righteous anger on the IRS preparer regulation power grab in a wonderful Tax Analyists piece  — one that is, unfortunately, only available right now to Tax Analysts subscribers (Update, 4/4/12: Tax Analysts has made the post available here.).  A taste: 

David E. BrunoriIRS Commissioner Douglas Shulman praised the regulations when they were first proposed, saying they would “help ensure taxpayers receive competent, ethical service from qualified professionals and strengthen the integrity of the nation’s tax system.” Really? The irony of the IRS wanting to ensure preparer competency is palpable. The Service is notorious for handing out incorrect information to ordinary citizens who call for help. Millions of Americans rely on IRS advice at their peril, yet the agency is worried about the competency of the preparers?

He correctly identifies the real forces behind the rules:

H&R Block and Jackson Hewitt were tripping over themselves in support of the regulations. They know that onerous regulations will impose a cost on paid preparers, particularly individuals. That cost will force many preparers out of business. The big preparer companies cannot wait to get their hands on the millions of Americans who will be looking for tax help. Even more outrageous is the fact that H&R Block and other big companies will be exempt from some of the regulations. If a preparer is supervised by a lawyer or CPA, he is deemed both ethical and competent (although he still must register for a preparer tax identification number). So H&R Block and Jackson Hewitt not only escape the burdens of the regulations, but their direct competitors will be put out of business.

And, of course, it required high-placed wire pulling:

The Podesta Group, led by former Obama administration official Tony Podesta, was lobbying for the regulations on behalf of H&R Block. That is the way Washington works.

Meanwhile, 2 million returns are not being processed because electronic filing identity theft is completely out of control this year.  Software “glitches” have bogged down the processing of the honest returns that do come through.  But at least the IRS is issuing preparer ID numbers.

 Related:

Preparer regulation: justified by its ‘mere existence’?

Preparer regulation: prepare for a mess.

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Don’t blame me, I’m not sitting on your money

Friday, March 16th, 2012 by Joe Kristan

Kay Bell reports that customers of some storefront tax prep shops are actually threatening the preparers because the IRS is behind in processing refunds.
Have they tried to explain that the IRS is just too busy giving open-book exams to preparers and shooting jaywalkers to give people back their overpaid taxes?

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It’s an election year, so the IRS is pretending to be nice.

Thursday, March 8th, 2012 by Joe Kristan

The IRS has announced an expansion of its “Fresh Start Initiative,” a program “to help struggling taxpayers by taking steps to provide new penalty relief to the unemployed and making Installment Agreements available to more people.” It includes penalty releif for unemployed tax delinquents and expanded access to installment agreements. TaxGrrrl has the scoop.
UPDATE, 3/12: Peter Pappas, IRS Offers Feeble Tax Relief in Hopes you Won

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The Jello defense

Thursday, February 2nd, 2012 by Joe Kristan

Going Concern has what looks like a real IRS notice; the format and typeface look right. The content is suspicious, though, because it is far too humane:

We have reviewed your correspondence regarding the penalties that were charged to your account and based on your explanation that “the adult brain turns to jello those first few months raising a baby” we have decided to remove all penalty charges. A total of $2,533.00 in penalty charges have been removed.

If authentic, the most likely cause of the original penalty would seem to be failure to attach a check to a balance-due 1040, or sending one that bounced. The notice is for a 2010 filing, and it’s too early for the IRS to be sending matching notices for income items for that year. The penalty could also arise from a math error, though that seems less likely. But if the notice is authentic, it’s reassuring that there are humans on the IRS processing campuses — because we know the IRS computers are nowhere near advanced enough to have humor.

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Too bad the IRS doesn’t have to file this form

Tuesday, January 17th, 2012 by Joe Kristan

It’s tax holiday season in little Blencoe, Iowa. Omaha.com reports:

Mayor Kristie Ruffcorn learned a hard lesson in 2011.
She lost her re-election bid by 30 votes in this western Iowa town of 224 that she had served since the mid-1990s. Friendships have been strained, reputations sullied and her town is not able to collect property taxes this fiscal year

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What are the odds of getting an IRS audit?

Friday, January 6th, 2012 by Joe Kristan

The IRS has issued its statistics for audit coverage for the 2011 fiscal year. That fiscal year begain in October 2010 and covers “returns filed in the prior calendar year — which I believe means 2008 returns filed in 2009.
It shows that the IRS has stepped up its focus on high income returns, with the agency examining about 1 in 8 returns showing income over $1,000,000 being audited. The rate was about 1 in 25 for returns in the $200,000 to $1 million range, and about 1 in 100 for returns with lower income.
Who gets audited? The IRS doesn’t say, but my experience shows that taxpayers with business or rental losses are likely to get looked at. Other likely audit triggers are high levels of business income, big capital gains, and unusually high deductions (did you really give 30% of your $100,000 income to Little Sisters of the Poor?).
Via The TaxProf. Robert D. Flach has more.

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IRS program to pay refunds with debit cards flops

Thursday, January 5th, 2012 by Joe Kristan

From Kay Bell:

Wow! Only 239 takers out of 600,000 potential tax refund debit card users?
That’s not just “thanks, but no thanks.” That’s a phenomenal failure.

Well, they know how to do that.

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