Posts Tagged ‘TaxProf’

Tax Roundup, 5/22/2013: Don’t blame me, I’m only the boss. Also: tornado tax relief.

Wednesday, May 22nd, 2013 by Joe Kristan
Former IRS Commissioner Shulman, showing how bad he feels about politcal harassment under his watch.

Former IRS Commissioner Shulman, showing how bad he feels about politcal harassment under his watch.

The Worst Commissioner Ever returned to Washington yesterday to testify before a Senate committee on the IRS scandal.  He bravely took responsibility for the targeting of disfavored political groups and apologized to the victims.

Well, not exactly:

 I certainly am not personally responsible for creating a list that had inappropriate criteria on it. And what I know, with the full facts that are out, is from the inspector general’s report, which doesn’t say that I’m responsible for that. With that said, this happened on my watch. And I very much regret that it happened on my watch.

In other words, I was just the boss, and you can’t blame me for what those crazy kids in Cincinnati do.

 

Just exercising the right they encouraged the Tea Partiers to use – silence.  The IRS functionary who announced the scandal in response to a planted question isn’t going to answer real ones.  From the Wall Street Journal:

Lois Lerner, the head of the Internal Revenue Service office that targeted conservative groups, intends to invoke her constitutional right against self-incrimination and decline to answer questions about the matter when questioned by a congressional committee Wednesday.

Ms. Lerner, director of the tax-exempt-organizations division at the IRS, notified the House Committee on Oversight and Government Reform through her attorney that she wouldn’t answer questions on the matter, according to a committee spokesman.

When it comes to the Bill of Rights, better late than never.

 

Is Washington a suburb of Cincinnati?  Oversight from Washington, All Along    (Eliana Johnson)

TaxProf, The IRS Scandal, Day 13

Watchdog.org, Top 10 quotes about Obama’s #scandalpalooza

Via Don Boudreaux, The Real Lesson of the IRS Scandal (Richard Epstein) and The Autocrat Accountants    (Mark Steyn)

Patrick Temple-West,  White House knew of IRS scandal in April, and more (Tax Break)

Clint Stretch, Targeting tax-exempts and tax reform (Tax Analysts Blog)

Joseph Thorndike, A World Without 501(c)(4)s (Tax Analysts Blog)

Russ Fox, Ms. Lerner Knows the Fifth (IRS Scandal Update)

 

In other news:

Kay Bell, Tornado-ravaged areas of Oklahoma declared major disasters, leading to special tax relief from IRS

Trish McIntire,  Oklahoma DIsaster- Tax Relief.

TaxGrrrl, IRS Announces Tax Relief For Oklahoma Tornado Victims

 

Paul Neiffer, Will Excess Farm Loss Rules Apply With New Farm Bill?

Jason Dinesen, How to Allocate the Deduction for Federal Estimated Tax Payments on Your Iowa Tax Return

Robert D. Flach, TRUE TAX TIME TALES – IRA WITHDRAWALS

 

Brian Strahle,  MARYLAND:  WYNNE CASE UPDATE

On Friday, May 17, 2013, the Maryland Court of Appeals denied the comptroller’s motion for reconsideration in Comptroller v. Wynne,  which struck down the state’s application of credits against pass through income from S corporations; however, the court stayed implementation of the ruling to allow the comptroller to petition the U.S. Supreme Court for certiorari.

Peter Reilly,  RVania Resident Taxed By New Mexico.  State tax problems of folks who live on the road.

 

Kaye Thomas,  Self-Directed IRA Implodes.  The same case I discussed here.

 

 Jack Townsend, Tax Perjury and FBAR Charges Related to Illegal Income Fake Art Case

Jim Maule, Taxation is Not Theft.  It’s not theft when the government does it.

 

 

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Tax Roundup, 5/21/2013: thief subsidy edition. And why the IRS scandal is so depressing.

Tuesday, May 21st, 2013 by Joe Kristan

20130117-1Iowa’s elected leadership has come up with a deal to bring down Iowa’s high commercial property taxes in exchange for an increase in Iowa’s earned income tax credit.  The Democrats who control the Senate have long been pushing for an increase in the EITC, and this seemed like an obvious compromise from early in the session.  There will be much rejoicing if the deal gets completed, as appears likely; property tax reform has been the Governor’s highest legislative priority.

It’s too bad that the cost of a sensible property tax is a big increase in a program that is a poverty trap for honest taxpayers and a pinata for thieves.  The phase-outs of the EITC result in shockingly-high marginal tax rates on each additional dollar earned by relatively low-income taxpayers.

The EITC  is refundable, which means it is really a welfare program run through tax returns.  About 25% of the EITC is claimed “improperly,” which is a nice way to say it’s stolen.  The annual cost of the Iowa EITC boost is estimated at $35 million, so the price of fixing a broken commercial property tax regime is an $8 million annual thief subsidy.  So while the politicians celebrate their great compromise, Iowa’s petty thieves also have occasion to raise a glass, filled by you.

 

TaxProf,  Supreme Court Unanimously Reverses Third Circuit, Says PPL Can Claim Foreign Tax Credit for U.K. Windfall Tax and Avi-Yonah and Christians on Yesterday’s PPL Decision.

 

Jeremy Scott, Rand Paul’s Claim of “Written Policy” Seems Like GOP Overreach

It is unlikely that Republicans will find Paul’s smoking gun, but the IRS scandal is almost certainly the result of political bias on some level.  It is hard to believe that a group of officials would innocently pick terms like “Tea Party,” “patriot,” and “9/12” to single out organizations for additional scrutiny.  It would be incredible to find such disinterested tone-deafness even in the most politically insulated of civil servants (and the IRS is far from insulated).

I doubt the White House left fingerprints on IRS efforts to harass political opponents (though it didn’t lift a finger to stop it).   That leads to an even more depressing possibility: that the IRS went out its way to beat up on the President’s opponents on its own.  Nobody blew the whistle.  That means IRS management is so corrupt and political that it would go after the administration’s political opponents with only a wink and a nudge.  And anybody who doesn’t think this was politically-motivated is kidding themselves.

James Taranto puts it well:

And the IRS scandal was a subversion of democracy on a massive scale. The most fearsome and coercive arm of the administrative state embarked on a systematic effort to suppress citizen dissent against the party in power. Thomas Friedman is famous for musing that he wishes America could  be China for a day. It turns out we’ve been China for a while.

 

No-longer-Acting IRS Commissioner Steven Miller

No-longer-Acting IRS Commissioner Steven Miller

Megan McArdle, Yes, What Happened at the IRS is a Scandal

Russ Fox, The IRS Scandal Reaches the White House

TaxGrrrl, IRS Hearing Marks End Of Their Worst.Week.Ever But Congress Signals More Hearings Are On The Way

Kay Bell, House and Senate committee hearings on IRS screening of Tea Party tax-exempt applications set for May 21 & 22

ViralRead, Report: Head of IRS Employees Union Met With President Obama the Day Before Tea Party Targeting Began

The Other McCain, Portrait of a Thug: IRS Union Boss

 

Peter Reilly, Bank Cannot Issue 1099-C And Subsequently Try To Collect

Jason Dinesen, Same-Sex Marriage, Community Property, And Multi-State Income — Part 3

Fiduciary Income Tax Blog, Passive Income: Good or Bad?

 

Paul Neiffer,  A Farmland REIT is Now Publicly Traded

Stephanie Fitch, 5 Questions Congress Should Ask Obama Commerce Nominee Penny Pritzker

William Perez,  IRS Offices to be Closed on May 24

Linda Beale, How Apple avoids US taxes with shell games

 

Going Concern,  Last Year Was a Very Unfortunate One to Be Wealthy and French, Even By French Standards.  When marginal rates exceed 100%, you know a country is off the rails.

Robert D. Flach has a new Tuesday Buzz up!

The Critical Question: NFL Linebacker James Harrison Spends More On Massage Than You Did On Your House. But Can He Deduct It?  (Tony Nitti)

 

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Tax Roundup, 5/16/2013: Acting-out edition. And a real Iowa economic development initiative.

Thursday, May 16th, 2013 by Joe Kristan
No-longer-Acting IRS Commissioner Steven Miller

No-longer-Acting IRS Commissioner Steven Miller

So the Worst Acting Commissioner Ever is gone.  From The Wall Street Journal:

 President  Barack Obama  forced the resignation Wednesday of the acting commissioner of the Internal Revenue Service in connection with the inappropriate targeting of conservative political groups.

“Americans are right to be angry about it and I’m angry about it,” Mr.  Obama said in announcing the departure of acting IRS Commissioner Steven Miller, who took over the post in November. “The IRS has to operate with absolute integrity.”

Mr. Miller’s resignation is necessary, given the evidence that he hasn’t been honest about IRS harassment of right-side political organizations, but it won’t be sufficient to quell the scandal.   Yesterday’s line, that the scandal was the work of “two rogue employees” in Cincinnati, is risible in light of the involvement of the D.C. and Laguna Niguel offices in the harassment.  That is, unless the two rogue employees were Doug Shulman and Steven Miller.

The TaxProf rounds up a big day in big media coverage: The IRS Scandal, Day 7.  Other blog coverage:

 

Tony Nitti, IRS Takes Time Away From Bullying Tea Party To Release Snoop Lion’s Tax Lien:

So in my view, the problem here isn’t so much that the IRS “targeted” a particular type of taxpayer — because that’s what the IRS does – but rather that in targeting the Tea Party, the Service is reflecting a political bias, something an arm of the government simply cannot do.

I think that’s about right.  Given the long delays in Tea Party applications, while similar applications by left-side groups were routinely approved, it’s pretty hard to believe that it wasn’t discrimination against right-side viewpoints.

 

Christopher Bergin, Scandal, Scandal, Scandal (Tax Analysts Blog):

Among the many ridiculous tasks our politicians pile on the tax collector, the agency has been charged with determining whether political organizations applying for 501(c)(4) status are too political and to do that without getting political. Sounds like a winner to me. Last Friday, the IRS admitted it failed in performing that task. What a surprise.
The IRS also fails in administering a social welfare program known as the earned income tax credit. And just think of how well it will administer the myriad of rules it will have to deal with once the new health care system becomes fully operational.

But we can trust them to regulate preparers, right?

Victor Fleischer raises related point in a New York Times piece.  While I think some of the focus on “institutional” issues is a way to change the subject from political bullying, I don’t mind if it leads people to realize that the tax law is for collecting taxes, not the Swiss Army Knife of public policy.

Howard Gleckman at TaxVox clings to the “botched processing” line: The IRS and the Tea Party: Treasury Report Finds Big Bungling but Small Scandal

Joseph Henchman, President Obama Obtains Resignation of IRS Acting Commissioner; Takes Effect in June (Tax Policy Blog)

TaxGrrrl, Acting IRS Commissioner Miller Out In Midst Of IRS Tax Exempt Scandal

Kay Bell, Obama fires IRS Acting Commissioner

Peter Reilly, Have Some Sympathy For IRS Cincinnati Gang That Couldn’t Sort Straight

Going Concern, Acting IRS Commissioner Is Gonna Take Off Now

Me, So the Worst Acting Commissioner Ever is done.  Too bad, they just finished his official portrait.

 

 

In other news:

Minnesota Budget Deal Includes $2 Billion Tax Hike (Elizabeth Malm, Tax Policy Blog):

The budget adds another income tax bracket on single filers earning $150,000 or more annually. The state’s top rate will now be 9.85 percent, making it the fourth highest top rate in the country. Politicians are spinning this as only affecting the “top 2 percent,” but that misses the point.

Pushing more of the tax burden onto a smaller, wealthier group is poor policy, not because I care about rich people more (an absurd and inaccurate, but unfortunately common, assertion), but because those incomes are volatile. Income tax revenues that derive a large share of receipts from the wealthiest are unstable, and there’s a lot of research to back that up (a few examples can be found here and here). This point is exacerbated by the fact that lawmakers might also throw in an additional temporary income tax surcharge on those earning $500,000 or more.

This will do more for Iowa’s economic development than anything the Iowa economic development bureaucracy ever will.

 

Tax Justice Blog, State News Quick Hits: Why a Revenue Uptick is Not a Surplus, and More

You’re as young as you feel.  A Rhode Island man pleaded guilty yesterday to charges arising out of an alleged kickback operation involving the Navy.

At age 81.

Maybe there are federal prisons with shuffleboards.

 

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Tax Roundup, 5/15/2013: Those exempt organization returns are due today.

Wednesday, May 15th, 2013 by Joe Kristan

20130515With all the excitement over tax-exempt entities, it’s worth remembering that their returns — the 990 series — are due today for calendar-year filers.  And if an organization fails to file 990s for three years, its exempt status lapses.  Extensions are available, but they have to be filed today.

Late filing can be expensive.  For small organizations, the penalty is $20 per day of late filing; for those with receipts over $1 million, its $100 per day.  That adds up fast.

More information is available at the IRS page Form 990 Resources and Tools for Exempt Organizations.

Related: Trish McIntire, Important Tax Exempt Information

 

So let’s get started with this morning’s IRS Scandal news.  The TIGTA report whose imminent release triggered the IRS announcement of the scandal last Friday came out yesterday.  I covered it in a post last night.  Other coverage:

Tax Prof links:

Aprill: The TIGTA Report on the IRS Scandal: Questions About the IRS and About the Report

Hackney: The TIGTA Report on the IRS Scandal: Be on the Lookout for False Partisan Witchunts.  Yes, insist on only true partisan witchhunts.

And his roundup, The IRS Scandal, Day 6

Other coverage:

Russ Fox,  The Cynics Were Right (The IRS Scandal Gets Official Confirmation)

Patrick Temple-West,  Uneven IRS scrutiny, and more

 

Other Tax things:

David Brunori, Balderdash Masquerading as Tax Policy Arguments (Tax Analysts Blog)

It is no secret. This may hurt my libertarian credentials, but I believe the U.S. Congress should pass the Marketplace Fairness Act.  The tax system is sound when built on a broad base and low rates. Broad  base means you tax everything without regard to who is lobbying the legislature. It follows – and it really does follow – that the sales tax  should be imposed on all personal consumption. 

I can see a need for something like this, but I think it should be done by having a single point of compliance for sellers under a uniform set of rules, rather than subjecting internet sellers to the thousands of local tax systems.  David minimizes the compliance burden.  As somebody who makes a living off of the compliance burden, I can say with confidence that he is mistaken.

Joseph Henchman, Indiana Approves Income Tax Reduction (Tax Policy Blog)

 

Peter Reilly, Doctor Joyce Brothers Cameo In Tax Court And Women’s History

Jason Dinesen, Same-Sex Marriage, Community Property, And Multi-State Income — Part 2

Fiduciary Income Tax Blog, WSJ on Reducing a Trust’s Income Taxes

Jim Maule,  Tax Ignorance Gone Viral.  It really bugs him when people say the Internal Revenue Code is 24 feet high.

 

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Tax Roundup, 5/14/2013: Worst Acting Commissioner Ever? And a career tip.

Tuesday, May 14th, 2013 by Joe Kristan

 

Acting Commissioner Steven T. Miller

Acting Commissioner Steven T. Miller

Steven Miller, acting head of the IRS since Doug Shulman left office, apparently hasn’t been any more honest than The Worst Commissioner Ever about IRS harassment of right-side political groups.  AP reports:

Miller was first informed on May, 3, 2012, that applications for tax-exempt status by tea party groups were inappropriately singled out for extra scrutiny,    the IRS said Monday.

At least twice after the briefing, Miller wrote letters to members of Congress to explain the process of reviewing applications for tax-exempt status without disclosing that tea party groups had been targeted.

We’re supposed to tell the truth when we file our returns.  It’s not asking too much for them to return the favor.

Not just harassment, but leaking confidential information.  IRS Office That Targeted Tea Party Also Disclosed Confidential Docs From Conservative Groups (ProPublica.org)

No, too late.  White House: Too early to talk about firing IRS employees  (Examiner.com)

So it’s the Supreme Court’s Fault?  Pelosi: IRS Scandal “An Opportunity” To Scrutinize 501(c)(4)s And “Overturn Citizens United”  All right, then.

 

TaxProf, The IRS Scandal, Day 5

Russ Fox, Drip, Drip, Drip: The IRS Scandal Continues to Grow

Jeremy Scott, Lerner’s Admission and Apology Ring Hollow (Tax Analysts):

 The incompetence boggles the mind. It’s also bewildering how the Service could sit in front of GOP lawmakers and chastise them for underfunding tax enforcement when employees were using some of those supposedly precious funds to conduct a politically charged vendetta against conservative exempt organizations.

I think the perpetrators were quite competent in doing what they set out to do.  The only incompetence was in getting caught.  But he’s absolutely right that the agency’s poor-mouthing, including next week’s furloughs, will no longer convince anybody.

 

TaxGrrrl,  Congress And The President Want You To Get Mad At IRS Over Tax Exempt Targets (Just Not At Them):

It’s clear that those at the top knew something (it has been reported that Shulman was alerted to the issue in 2012) and that it wasn’t the work of a handful of rogue operatives. It was a plan. And then IRS lied about it. And they should be held accountable.

But it still disturbs me that no one in Washington really seemed to care until the behavior went public.

Many of us didn’t believe the IRS would really do something so outrageous.  I had seen some of the questions that IRS was asking Tea Party outfits, and they seemed out of line, but I figured the IRS was being an equal-opportunity annoyance.  That they did it politically is what is triggering the outrage.

 

Howard Gleckman,  The IRS Was Wrong to Single Out Tea Parties, But Many Political Groups Should Not be Tax-Exempt.  Yes, let’s change the subject.

Going Concern, Here Are Some of Things People Are Saying About the IRS Scandal,  An excellent roundup of the state of play, but with too much emphasis on the “incompetence” slant and not enough on “evil.”

Patrick Temple-West, IRS targeted groups critical of government, and more (Tax Break)

Kay Bell, Rubio demands resignation of nonexistent IRS commissioner; Obama vows to ‘find out exactly what happened’.  He can get some sleuthing tips from O.J.

Linda Beale,  More on the IRS’s “targeting of conservative groups”.  She tries to play down the issue.  It shows how slim are the pickings for those who don’t want to think this is a big deal.

 

In other news:

Tax.com has moved.  For reasons that elude me, Tax Analysts has apparently given up the handy Tax.com domain and moved their excellent group blog to a tab on their home page, Tax.org.  I think that’s a mistake, but it’s worth going out of your way to find it.

Martin Sullivan, Do U.S. Multinationals Have It Tough? (Tax Analysts).

Russ Fox, Leisure Suit Larry Goes to Tax Court

Peter Reilly,  Electing To Capitalize Expenses Can Pay Off On Sale

Kyle Pomerleau,  Another Year, another Obamacare Tax (Tax Policy Blog)

Jack Townsend,  The Dangers of the Unrecorded Interview by Criminal Agents — FBI or IRS

It’s Tuesday, so it’s Buzz Day at Robert D. Flach’s place.

 

Career Advice.  Protip: Threatening to Kill Your Colleagues, Even in the Midst of a Brutal Busy Season, Is Never Cool (Going Concern).  OK, I take it back.  Mistakes were made. There was no threat intended in my overzealous pursuit of tax return excellence.  It was just an administrative shortcut.  OK, incompetent, but not evil.  I vow to find out exactly what happened.  If I threatened anyone, it was outrageous.

 

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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:

20130512-1

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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Tax Roundup, 5/9/2013: Gotta start somewhere edition.

Thursday, May 9th, 2013 by Joe Kristan

rand paulGotta start somewhere.  The Hill reports “Rand Paul introduces bill to roll back parts of tax evasion law“:

“FATCA’s harmful impacts cover the spectrum,” Paul said. “It is a violation of Americans’ constitutional protections, oversteps the limits of Executive power, disregards the mutual respect of sovereignty among nations and drains money from the federal treasury under the guise of replenishing it, and discourages overseas investment in the United States.”

“Tax evasion is a problem that should be addressed, but not in such an egregious way,” Paul added.

FATCA has made normal financial life difficult or impossible for many Americans abroad.  Too bad politicians didn’t think of these things before they voted.

Probably related: Lynnley Browning, U.S. Citizens Ditch Passports in Record Numbers (via the TaxProf).  Also this from Phil Hodgen.

Jack Townsend, HSBC India Reported to be Cooperating with DOJ and IRS and Projecting Significant Penalty

 

TaxGrrrl,  Sanctions May Be Least Of ‘Copyright Troll’ Worries As Matter Is Referred To Feds, IRS.  A great article telling the story of an attorney/copyright troll who annoyed a judge enough to get him to call in the IRS to investigate his taxes.  Hilarity ensues.

Cara Griffith, Pot Calling Kettle Black? (Tax.com):

Good Jobs First is just hiding the ball a little bit by trying to get rid of reports on business climate. The Good Jobs First report says that the real issue we should be focusing on is “how to build a tax system that is fair, modern and relevant.” Yes, that’s exactly what needs to be done, but I would argue that reports on business climate add to the debate. And while I do think that such reports must be examined with a critical eye, “business climate” matters.

Related Tax Update coverage here.

 

Tyler Cowen

“When economists are not listened to, that often means strong special interests and/or strong voter sentiment stand on the other side of the equation.  The numerous special deductions in the tax code, most of which have no efficiency justification, are examples.”

True of both federal and Iowa tax laws.

 

Brian Strahle,  MARKETPLACE FAIRNESS ACT:  IMPACT ON NON-INTERNET REMOTE RETAILERS?

Hence, it appears that this Act would apply to any business (not just Internet Retailers) that makes sales into a state in which it does not have nexus.  Therefore, manufacturers or other non-Internet retailers who sell directly to retail customers who do not have sales representatives or any other physical connection with a state may (under this Act) be required to collect sales tax on its remote sales.

It’s not just the e-Bay sellers who would have to deal with this.  If you really want to create “market fairness,” there are two ways that are much simpler: either a straight national sales tax collection regime with uniform rules and rate where the proceeds are allocated to the states based on the sales to the state, or a sales tax based on shipping location.

 

Janet Novack,  Reverse Showrooming: Best Buy, Amazon And The Internet Sales Tax:

Traditional bricks and mortar retailers squander their immediacy edge with indifferent/uninformed sales help, who look even worse compared to the information now available on the web. But they can do well if they integrate their online and in-store services, carry enough inventory and price competitively.

 

Christopher Bergin, No Use for Useless Stances (Tax.com)

Linda Beale,  Senate did the right thing–will the House?

 

Tony Nitti, Boxer Manny Pacquiao Ducks U.S. Taxes, Will Return To Ring In China

Paul Neiffer,  Make Sure to Coordinate Estate Documents with Ag Laws

Kay Bell,  It’s property tax appraisal, and scam, time

 

It’s great to waste money, as long as it’s wasted here.  I dust off my old personal rant blog in response to this.

Going Concern, Groundbreaking CFO.com Survey Reveals Accounting Professionals Desperately Need Communication Skills.  All I can say to that is, pprdrhnt.

 

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Tax Roundup, 5/3/2013: Return of the Glaciers edition.

Friday, May 3rd, 2013 by Joe Kristan

Tax Update World Headquarters is just a few hundred yards north of the Raccoon River, where the last glacial advance ended about 14,000 years ago.

20130503-1

Downtown Des Moines, Locust St., this morning.

 Today’s weather makes me wonder whether mastodons eat tulips.

 

TaxProf,  Small Business Owners Sue IRS Over ObamaCare.  I don’t think you can stop a train wreck with a lawsuit.

 

Looking for wounded jaywalkers.  Blogger and tax defense attorney Jack Townsend is looking for “Readers of this Blog Willing to Share Their Personal Experiences in the OVDP/I Programs“:

A reporter for a nationally prominent publication has contacted me to help him get in touch with people who have gone through one of the OVDI/P programs to discuss their experiences and thoughts about the programs.  If you are interested and/or willing to do that, please contact me at jack@tjtaxlaw.com and I will put you in touch with the reporter.

So maybe it’s a chance for those of you who’ve been put through the ringer for a foot-fault violation to get a little justice.

 

Janet Novack,  Pritzker Family Baggage: Tax Saving Offshore Trusts.   My theory is that many of wealthy people who favor higher taxes assume they’ll never have to pay them anyway.

Howard Gleckman,  A New Way to Address the International Tax Mess (TaxVox)

 

Peter Reilly,  IRS Troops Will Take To The Street On Seventh Day In May .  I’m guessing that Peter is referring to the 1960′s  ”Seven Days in May,” about an attempted military coup in the U.S.  I’m not sure whether the National Treasury Employee’s Union, which will “take to the streets,” can pull off a coup, seeing that they pretty much run things already.

 

Nick Kasprak,  Weekly Map: Inheritance and Estate Tax Rates and Exemption (Tax Policy Blog)

20130503-2

 

The opposite of a sales tax holiday:  Retailer Target Jumps The Gun On Sales Tax (TaxGrrrl). A South Carolina Target store probably made few friends when it started charging a higher sales tax rate a month early.

Patrick Temple-West,  State Republicans divided on tax cuts, and more (Going Concern).

Christopher Bergin, Taxes Don’t Matter Until, Well, They Matter  (Tax.com):

 

Roger McEowen, Trusts, S Corporations, The Material Participation Test and the  Medicare Passive Income Surtax

Good news!  Are you a likely tax audit target? Sequester just might save you(Kay Bell).

Paul Neiffer:  Full Season vs. Early Season Corn

Jim Maule,  A Slight Improvement in the Code Length Articulation Problem.  No, the Internal Revenue Code is not 77,000 pages.  It’s no less a monstrosity for that.

Daniel Shaviro,  Tax policy colloquium, week 13: Itai Grinberg’s “Emerging Countries and the Taxation of Offshore Accounts”

Friday Buzz from Robert D. Flach

Me:The REIT way to reduce taxes?  My new post at IowaBiz.com, The Des Moines Business Record group blog for entrepreneurs.

Going Concern,  AICPA Attempts to Tie Expired Payroll Tax Cut to Normal American Behavior.

Are you irritable? Sleeping less? Impatient with your friends? Putting on weight? Thinking about divorce? Yes? Sorry to hear, you must be going through a stressful time.

Oh, wait, are you an American? Yes?! Whew, you’re behaving normally then. If you were to read this AICPA press release, you might be inclined to believe that your take home pay being 2% lower than last year would have been the cause of all those things…

What are these “friends” of which you speak?

 

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Tax Roundup, 4/30/2013: Iowa due date edition. Send them your cash, so they can forward it to thieves.

Tuesday, April 30th, 2013 by Joe Kristan
Via Wikipedia

Via Wikipedia

Legislator insists that thieves get $11 million as price of property tax deal.  As Iowans pay their 2012 balances due on today’s state income tax deadline, they may want to take a moment to ponder how careful the legislature is about spending the money they are sending in.

The Des Moines Register reports that Senator Joe Bolkcom demands an increase in the Iowa earned income credit as the price of a property tax bill:

Sen. Joe Bolkcom, D-Iowa City, chairman of the tax-writing Senate Ways and Means Committee, spoke at a Statehouse news conference sponsored by The Coalition for a Better Iowa, which released a booklet with the stories of Iowans who have been helped by the earned income tax credit. About 200,000 Iowa working families receive the tax credit, which assists households with incomes under $45,000.

Senate Democrats want to raise the earned income tax credit from 7 percent now to 20 percent at a cost of about $55 million annually.

Both Sen. Bolkcom and the Register fail to mention the massive fraud rate of the earned income tax credit.  The Treasury Inspector General for Tax Administration this month reported:

The IRS estimates that 21 to 25 percent of EITC payments were issued improperly in Fiscal Year 2012. The dollar value of these improper payments was estimated to be between $11.6 billion and $13.6 billion.

Applying that fraud percentage to Sen. Bolkcom’s proposal will result in $11.5 million to $13.75 million in “improper” — mostly fraudulent — Iowa EITC payments.   Remember that the EITC is a “refundable” credit, which means that if it exceeds your tax, the state writes you a check.  It’s a spending program, a welfare program.

I would say it takes a special kind of legislator to demand $55 million in spending knowing that it’s an appropriation of at least $11 million to thieves, but really it just takes a run-of-the-mill legislator spending your money instead of his own.

The EITC as a poverty trap: phaseouts of the benefit impose stiff marginal tax rates on the working poor.

The EITC as a poverty trap: phaseouts of the benefit impose stiff marginal tax rates on the working poor.

 

Only somebody who doesn’t prepare tax returns would say something this stupid.  The TaxProf links to this from a University of Wisconsin academic:

 This Article analyzes the ongoing structural transformation by observing and explaining the advantages that accrue from pursuing social and regulatory objectives through the tax code. In particular, this Article identifies a number of legislative and normative advantages that tax-embedded policies offer.

The tax law has one important job: to raise revenue.  If this author had ever done business tax returns for a living, she would know what a challenge it is to simply determine taxable income.  If she had ever helped a client through an IRS audit, she would know how difficult it is for the agents to simply work through the accounting, let alone run a bunch of social programs on the side.  The author should be made to spend three years working at a storefront tax prep business to learn the chaos her views cause outside the faculty lounge.

 

Tony Nitti,  Overview Of The New 3.8% Investment Income Tax, Part 2: Passive Activities

Jeremy Scott, Baucus, the Marketplace Fairness Act, and Tax Reform (Tax.com):

Baucus’s shift to the right in the last few months (which people had assumed was positioning for the election next year) has antagonized more than just progressives.  It seems his Senate colleagues are growing frustrated as well. 

And that will severely hamper the chances that a major tax reform bill will make it to the Senate floor.

 

Judge Sentences Widow to Less Than a Minute of Probation in Tax Case (Accounting Today)

TaxGrrrl, Willie Nelson, Who Saved His Career And His House With The IRS Tapes, Turns 80

Nanette Byrnes,  Republicans pursue tax reform, and more  (Tax Break)

 

Brian Strahle,  STATE TAXES:  WHAT WILL MAKE YOUR COMPANY CHANGE – CHOICE or AUDIT NOTICE?  On not being in denial about your exposure to business taxes in other states.

Jack Townsend, a criminal tax defense attorney, offers some wise advise in  Tips to Avoid an IRS Criminal Investigation or, Worse, a Tax Grand Jury Investigation

 

It’s time for Robert D. Flach’s Tuesday Buzz!

 

Always heed tax policy advice from a violent cannibal boxer.  Boxer Mike Tyson TKOs Fox host with talk pro-tax talk (Kay Bell)

Martin Sullivan, To Balance the Budget: Tax Sex Appeal (Tax.com)  Yes. by all means cut my taxes.

 

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Tax Roundup, 4/25/2013: Internet sales taxes and Red Vines

Thursday, April 25th, 2013 by Joe Kristan
Shapeways.com N scale Ventilated Boxcar

Shapeways.com N scale Ventilated Boxcar

Megan McArdle,  The Real Problem With the Internet Sales Tax:

Few of the commentators I’ve read have asked themselves what happens to the money after the software has collected the money. Do the sales tax fairies simply whisk it off to the nice folks at the state tax department?

Sadly, no. Rather, as an SBA guidebook for small businesses points out, you have to file a tax return with each and every locality for which you have collected tax. The bill streamlines this a bit, but you’ve still got to keep 50 states’ worth of records and file 40-odd states worth of returns.

For Amazon—the actual target of these laws—this is trivial. Its staff of  crack accountants can probably roll these things out before their Monday-morning coffee break. For a small vendor, however, that’s a whole lot of paperwork.

Speaking as a cracked accountant, I am sure that while Amazon can handle its sales tax burden, it is far from trivial.  It takes an expensive staff and a good organization with excellent systems in place to do reasonably well — and I expect they still get inexplicable notices from states quibbling over obscure tax issues.  Good sales tax compliance functions are expensive, affordable only in a large organization.   For some guy selling handmade N-scale boxcars out of his basement, it could be painfully expensive, if not ruinously so.   Like any expanded regulation, requiring online sellers to collect Internet sales taxes inherently favors the big.

Related:

Kaye Thomas, Taxing Internet Sales

Brian Strahle,  The “Pause” Button and the Marketplace Fairness Act (kind of)

 

Cara Griffith, Things That Make You Nuts (Tax.com):

According to the Streamlined Sales Tax agreement, the definition of candy  is a “preparation of sugar, honey, or other natural or artificial sweeteners in combination with chocolate, fruits, nuts or other ingredients or flavorings in the form of bars, drops, or pieces. ‘Candy’ shall not include any preparation containing flour and shall require no refrigeration.”

So pursuant to that definition, a sweet with flour is not candy, while a sweet without flour is. For example, a Hershey’s chocolate bar is candy, while a Twix bar is not. Ditto for Kit Kat bars. Makes sense, right? But what about Twizzlers? Seems a solid bet that licorice is candy, but it isn’t because flour is a top ingredient.

So Red Vines are good for you, then.

Robert D. Flach,  LEARNING FROM YOUR 2012 FORM 1040:

In the past when a client got too big a refund I would scold him/her and say that he/she was making an interest free loan to the government.  While this is still true, I do not scold any more, considering the pitiful amount of interest being paid on savings account today. 

I’m not a big fan of excess withholding, but it’s a lot easier for a client to deal with a refund that’s too big than a tax bill they can’t pay.

 

Kay Bell,Where’s My Amended Tax Return?

 

David Brunori, Let’s Stop with the Revenue Neutrality (Tax.com):

Increasingly, I hear stories of relatively wealthy people contemplating moving to states that do not tax their assets upon death. These are not people with private jets or suites at Yankee Stadium. They are just people who had the good fortune to do better financially than most. Do New Jersey or Maryland or the other states with pretty onerous estate taxes really want their elderly wealthy to move?

While motivations for moving are complicated, taxes are one of them.  Why do the same people who want higher cigarette taxes to discourage smoking believe that higher income and estate taxes don’t also affect behavior?

 

Patrick Temple-West,  Congress looks at REIT tax exemption, and more

News you can use:  Leff Presents Tax Planning for Marijuana Dealers Today at Harvard (TaxProf)

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Tax Roundup, 4/24/2013: Maxed Out. And: Internet sales tax vote looms.

Wednesday, April 24th, 2013 by Joe Kristan
Max Baucus

Max Baucus

Depart, I say; and let us have done with you. In the name of God, go!  Chief Senate taxwriter Max Baucus won’t run for re-election.  (Dealbook, via Going Concern).

Sen. Baucus has been either chairman or minority leader of the Senate Finance Committee for decades, and along with his partner in crime, Sen. Grassley, he bears great responsibility for the nightmare the tax law has become, including Section 409A, the Net Investment Income Tax, The First Time Homebuyer credit, Section 199… Good-bye, before you wreck any more trains.

Related:

Linda Beale, Baucus Will Not Run in 2014  (yay!)

Kay Bell,  Senate Finance Committee chairman’s coming retirement could shape tax reform

 

Congratulations to Paul Caron, proprietor of the TaxProf Blog, on his move from Cincinnati to Pepperdine in Southern California.

 

Kyle Pomerleau,  No Surprise: The Overly Complex EITC is Plagued with Billions of Dollars in Improper Payments (Tax Policy Blog)

Patrick Temple-West, Obama budget taxes more Americans, and more

Tony Nitti, Quantifying The Recent Tax Increases: What Is A Wealthy Taxpayer’s “Fair Share?”  As far as some people are concerned, it’s always more than they are paying.

 

Daniel Shaviro,  Senate vote on the “Marketplace Fairness Act”

Howard Gleckman,  Five Things You Should Know About the Online Sales Tax Bill (TaxVox).  He thinks it’s just lovely.

Joseph Henchman,  Senate Voting This Week on Expanding State Authority to Collect Internet Sales Taxes (Tax Policy Blog)

Clint Stretch,  Getting It Wrong: Energy Tax Policy (Tax.com):

Winston Churchill said that Americans can be counted on to do the right thing, after we have exhausted all other possibilities.  He might have added that we usually start with the least direct and most complex approach.  So it is with the energy tax policy expressed in President Obama’s FY 2014 budget.

I like this sentence: “By their nature, tax credits add complexity to the law and often reward behavior that would occur even without the credits.”

 

Robert D. Flach asks, DIRECT DEPOSIT – IS THERE A PROBLEM?

So far two clients have contacted me to report an issue – one with a 2011 refund andone with a 2012 refund.  In both cases the refund was not directly deposited to the requested account.  Instead it was applied to the subsequent year’s estimated tax.  It was as if the taxpayer, or I, had entered the full amount of the refund on Line 75, although we clearly did not.

This isn’t a problem I have seen.  Robert famously doesn’t e-file his returns.   I wonder if it’s a simple keypunch error at the service center.

Jason Dinesen,  In a Same-Sex Marriage? Watch Your Federal Tax Withholding

Jim Maule, Putting It in Writing Makes Good Tax Sense.  If you use the right words, of course.

Peter Reilly, How To Shatter The Public Accounting Glass Ceiling ?  Sometimes I think it’s that women see the hours and stress involved and wisely say “screw this.”

 

TaxGrrrl, Ready Or Not: Lauryn Hill Sentencing For Tax Evasion Postponed

Tax Trials,  Tax Court: Second FPAA Invalid, Cannot Confer Jurisdiction

Robert D. Flach is buzzing again!

 

I love my hometown: Elvis impersonator engages police in 30-hour standoff in Des Moines (RawStory.com, via The Beanwalker)

Stoned people should not throw glass bongs in houses.  Glass bong breaks two state windows (Jason Clayworth)

 

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Tax Roundup, 4/23/2013: How not to make money as a lawyer. Also: report pegs EITC fraud at up to 25%.

Tuesday, April 23rd, 2013 by Joe Kristan

20130423-1The legal business must really be getting tough, if lawyers have to resort to the lamest lame tax fraud scheme out there.  A Monroe, Louisiana attorney named Francis Broussard has pleaded guilty to attempting to claim over $9 million through the “1099-OID” fraud.  From thenewsstar.com:  

 According to the Stipulated Factual Basis in the plea agreement, Broussard, who has been licensed to practice law in Louisiana since 1986, had his accountant prepare his 2005 through 2007 tax returns, but the defendant never filed them. Broussard did present the documents to various financial institutions in efforts to obtain personal loans and other types of financing. In 2009, the defendant went to a different tax preparer to have his personal tax returns prepared for 2005 through 2008. The defendant brought already prepared federal tax returns along with a separate piece of paper with a set of numbers on it. The defendant instructed the preparer to use the set of numbers on Forms  1099-Original Issue Discount (OID) and on the Schedule B, Interest Income section of the form. The defendant’s fraudulent claim is based on  the OID interest income.

The 1099-OID scheme is, to the extent it is coherent at all, based on the idea that government has a big cash stash for each of us.  They don’t want us to know about it, goes the theory, but we can tap into it if we just fill out the right tax forms.  It’s not surprising that people fall for it — heck, we fall for big delusions every time we vote — but it is surprising that a lawyer would give such a preposterous scheme a try.

 

TaxProf,  TIGTA: IRS Fails to Comply With Mandated Reduction in Improper Payments — 25% EITC Fraud Costs $14 Billion/Year. The earned income tax credit is a fraud magnet because it is “refundable” — if it exceeds your tax for the year, the IRS writes you a check.  That makes it a welfare program run through the tax system.  EIC advocates say it is a critical help for struggling families, but when that much is stolen from the program in a year, you have to think there is a better way.

 

Howard Gleckman,  High Income Households Would Pay Most—But Not All—of the New Taxes in Obama’s 2014 Budget  (TaxVox).  Just more evidence of the unseriousness of the budget.  The rich guy isn’t picking up the tab.  He can’t.

Jeremy Scott, How Important Is Deferral to Multinationals? (Tax.com)

Tax Trials,  Mark Your Calendars: IRS Closes for 5 Days Under Sequestration

 

Patrick Temple-West,  Businesses become REITs to avoid taxes, and more.  That works great if you can live with at least 100 shareholders, and no five together own over 50%.

Robert D. Flach,  MORE ON THE NEW “SAFE HARBOR” HOME OFFICE DEDUCTION

Trish McIntire,  Do Overs.  You can amend a tax return if you need to.

William Perez,  Obama’s and Biden’s Tax Returns for 2012

Kay Bell,  Celebrate Earth Day by exploring environmental tax breaks

 

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Tax Roundup, 4/22/13: IRS unpaid holidays. And buying a round for the State.

Monday, April 22nd, 2013 by Joe Kristan

Sharing your drink with the state.  The Tax Foundation maps how happy your state is when you wet your whistle:

 

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Iowa is #6.

 

 

Just because an LLC is taxed like a partnership doesn’t mean that every LLC owner can act like a general partner, as Colleen MacRae explains:

Last week the Iowa Court of Appeals in Three Minnows, LLC v. Cream LLC, held that a non-managing member did not have the authority to bind an LLC to a contract the member signed on behalf of the limited liability company. 

Not every LLC member can obligate an LLC.

 

TaxProf,  IRS to Close to Public for Five Days Due To Employee Furloughs.  That doesn’t mean the Public can close to the IRS for five days, unfortunately.  Yet another example of how the preparer regulation initiative is a colossal waste of agency resources needed elsewhere.  Related: David Cay Johnston, IRS To Close for Five Days (Tax.com).

 

Peter Reilly,  IRS Not Screening Informant Reports Well .   They have other priorities than dealing with the tax collection opportunities dropped right in their laps.

 

Jim Maule,  The “Rain Tax”?

Kay Bell,  World governments mounting global effort against tax evasion.

TaxGrrrl,  As Many Celebrate 4/20, Feds Still Won’t Budge on Regulation and Taxation of Marijuana.   As long as Sec. 280E keeps even legal pot dealers from deducting expenses, it will be a tough business to make a living in, after tax.

Martin Sullivan, Horse Racing and International Tax (Tax.com)

Russ Fox,  Bayern Munich Head Reports Self for Tax Evasion.  Swiss bank accounts are involved.

Tax Trials,  IRS Announces Special Filing Extension for Boston Area Taxpayers

 

The Critical Question:  Is There Such Thing as a Free Lunch? (Ellen Kant, Tax Policy Blog)

 

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Tax Roundup, 4/11/2013: A new Iowa income tax reform proposal. And: new Obama budget, same as the old one.

Thursday, April 11th, 2013 by Joe Kristan

20130117-1Iowa Senate Republicans advance income tax plan.  TheGazette.com reports:

Sen. Randy Feenstra, R-Hull, said all 24 minority Senate Republicans have signed onto a proposal to significantly lower state personal income tax rates and simplify the Iowa tax code by offering a two-pronged approach that would eliminate federal deductibility and benefit most Iowans.

The Hull Republican said the proposed new tax structure would flatten the current nine income tax brackets into three, elimination of federal deductibility as a competitive impediment, enhance the current standard deduction for all taxpayers and provide an  extra boost for blind, elderly and dependent Iowans, eliminate itemized deduction, increase personal exemption credits, and raise filing thresholds.

So far I have been unable to find the bill (though it being April 11, I’m not going to spend a lot of time looking for it today).  As Senate Republicans have no chance of advancing a bill in the face of majority Democratic opposition, it’s really a gesture.  Still, it’s nice to see that income tax reform remains alive, in spite of the Governor’s indifference this year.  It’s also nice to see that the insistence on keeping the deduction for federal taxes is eroding.  Much better to build it into a lower rate.

If they keep talking taxes, they may finally see that The Quick and Dirty Iowa Tax Reform Plan is the way to go!

Radio Iowa has more.

 

Megan McArdle,  “Tax Breaks for Corporate Jets”: The Non-Issue at the Heart of the Presidential Agenda:

This is a bit weird given that President Obama rides on what is essentially the nicest corporate jet in the world.  To be fair, the President is quite right that companies do not need a tax break to buy corporate jets.  But since they don’t really get a tax break for buying corporate jets, we probably don’t need to spend this much valuable presidential time worrying about this non-problem.  

Anything to make life difficult for a high-tech U.S. manufacturer.   As long as the President continues to beat dead horses like this and the “Buffett Rule,” we know he is not at all serious.

Tony Nitti, Tax Aspects Of The President’s FY 2014 Budget

Howard Gleckman,  The Real 2014 Budget Battle May Be Over Spending, Not Taxes

William McBride,  President Obama’s 2014 Budget Takes another Whack at Savers (Tax Policy Blog)

Paul Neiffer,  Here We Go Again!

 

Cara Griffith, Crafting a Better Mainstreet Fairness Act? (Tax.com)

By enacting it?  How Democrats Will Destroy Progressive Government (Joseph Thorndike, Tax.com):

Sure, Democrats pay lip-service to infrastructure, education, and the like. But for the most part, they are profoundly unwilling  to make a wholistic case for activist, progressive government.

Actually, they probably wouldn’t get very far making the case honestly.

 

TaxProf,  Is the IRS Stalking You on Facebook, Twitter?  Is that how they caught “The Queen of IRS Tax Fraud?

Jason Dinesen,  Same-Sex Marriage, Divorce and Taxes

Me:  How much K-1 loss can I deduct?  Start with your basis.  Part of my 2013 filing season tips series.  My exciting installment on partnership debt basis goes up later this morning.

 

Oh, but it’s for our own good.  IRS Claims It Can Read People’s E-Mails Without Needing a Warrant (Joseph Henchman, Tax Policy Blog).

Jack Townsend,  KPMG Publication on FBAR Filing Requirements for Corporations and Executives

Russ Fox,  Bozo Tax Tip #2: Nevada Corporations

Kay Bell,  Top 10 things you don’t want to hear from your accountant.  How about “I’m calling from Brazil, thanks for the cash!”

He’d have had trouble during tax season.  FYI: The Guy Who Stabbed 14 People At a Texas College Wanted To Be an Accountant When He Grew Up (Going Concern)

Christopher Bergin, Why Transparency Is Like Porn (Tax.com)  No, it’s not about Lululemon.

 

News you can use.  Make Your Own Bubble in 10 Easy Steps (Bryan Caplan)

 

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Tax Roundup, 4/9/2013: We assume it is so, and that makes it so.

Tuesday, April 9th, 2013 by Joe Kristan

Radio Iowa runs with this headline ”$8.7 million from “Development Fund” creates 600+ jobs.”  This headline arises out a “study” paid for by the economic development bureaucracy (meaning: taxpayers) to demonstrate the tremendous job-creating skills of people who give your money to other people.  How did this study demonstrate this job creation?

By assuming it.

From the “study”:

A survey of past recipients of Demonstration Fund investments was conducted by the Iowa Innovation Corporation to determine, among other things, how large these companies are now as compared to their pre-investment levels. This growth in size – in annual revenues and in head count – can be attributed in part to the involvement of and investment by the Demonstration Fund.

Furthermore, the resulting economic impact is greater than the direct increase in expenditures and head count, since those increases lead to a series of spillover effects, whereby the impact of new company spending and employee earnings ripples through local economies and supports additional economic activity and job creation. Job impact estimates are determined by using standard input-output methodologies and multipliers, as provided by the US Department of Commerce.

In other words, they assumed:

- that multipliers work – a shaky assumption.

- that the businesses and jobs wouldn’t happen without the wonderful effects of your money being directed by politicians to those businesses.

- that the money wouldn’t have also generated jobs if it had been spent elsewhere.

That’s the same kind of thinking behind the 2009 stimulus spending spree.  The results were less than assumed.  The dark line is what government projected that spending would do to unemployment, using “standard multipliers.”  The lighter blue line was the grim fate awaiting us absent a government binge.  The red dots are the actual post-binge unemployment rates.

20130409-2

The study does not have the two words that could have given it credibility:opportunity cost.”  They assume that the money left in the hands of taxpayers would have done nothing.  But it would have been spent elsewhere, undirected by politicians; it would have bought things, creating profits and jobs.  But as they would have gone unclaimed by economic development officials, no press conference could have been called, so they don’t count.

 

Jeremy Scott, What Should Be in the Obama Budget (Tax.com):

Obama consistently ignores the statutory timeline for releasing his budget, and this year is the latest he has ever put forward a fiscal proposal.  On all things administrative, the president is frequently dilatory.  But those waiting with bated breath for Obama’s proposals will be disappointed — the budget will be more of the same and has little chance of actually being passed or even taken up by Congress.

Good news.

Does President Obama Want To Tax Your Retirement?  His budget proposes a cap on the size of retirement accounts, but see the item above.

 

TaxProf,  WSJ: Taxing Lunch at Google and Facebook?.  Will the IRS start putting free meals for techies on their W-2s?  Just don’t tax my busy season office donuts.

Tax Trials, New York’s Highest Court Affirms Constitutionality of Click-Through Nexus

Nostalgia.  Today in History: Income Tax Ruled Unconstitutional in Pollock v. Farmers Loan Trust Co. (Joseph Henchman, Tax Policy Blog)

William Gale, Tax Policy Should Consider New Business, Not Small Business (TaxVox)

Martin Sullivan, How Should the U.S. Stop Profit Shifting? (Tax.com)

 

Trish McIntire, One Week Warning

Kay Bell,  Taxes are due in a week! Don’t panic. Use 7-day filing plan

William Perez,  What to Do if You Owe Taxes for 2012

Russ Fox, Bozo Tax Tip #4: Procrastinate!

 

Jim Maule,  How Not to Litigate a Tax Case

Peter Reilly, Wesley Snipes Raises Creationist Hopes For Kent Hovind

Definitely not a problem for me this year:  Bragging About Winning Your NCAA Pool On Facebook May Cost You Come Tax Time (Tony Nitti)

 

News you can use: The Definitive ‘I’m Quitting Public Accounting’ Checklist (Going Concern)

 

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Tax Roundup, 4/8/13: One week to go! And thinking out of the envelope

Monday, April 8th, 2013 by Joe Kristan
Wikipedia image

Wikipedia image

Greg Mankiw,  The President’s Latest Bad Idea:

Apparently, President Obama’s budget is going to include some kind of penalty for people who have accumulated more than $3 million in retirement accounts.  The details are not yet known, but I think we know enough to say that this is a terrible idea.

A sizable body of work in public finance suggests that consumption taxes are preferable to income taxes.  Completely replacing our tax system with a better one is, however, hard.  Retirement accounts, such as IRAs and 401k plans, are one way our tax code has gradually evolved from an income tax toward a consumption tax.  The use of these accounts should be encouraged, not discouraged.   

Unlike some of his other bad ideas, this one isn’t going anywhere.

William McBride, President Obama’s New Tax Increases (Tax Policy Blog)

 

TaxProf,  NY Times: Former Baucus Staffers Cash in as Finance Committee Tees Up Tax Reform.  Ah, the sacrifices of public service.  I bet they aren’t proposing the Instapundit revolving door tax.  Related: Max Baucus and Dave Camp,  Tax Reform Is Very Much Alive and Doable.  (Wall Street Journal).

 

Paul Neiffer. 3%-6%-12%:

One of our last posts indicated that the IRS had issued a notice indicating they might not assess the late payment penalty for returns that are extended and paid after April 15, 2013 if the return included certain forms that were delayed by the new tax law.

However, when you read the fine print, it appears that you still need to accurately estimate your tax and pay in at least 90% of this extra tax to escape the penalty.

The IRS language is:

For each taxpayer who requests or has requested an extension to file a 2012 income tax return that includes one of the forms listed in Exhibit 1 of this Notice, the IRS will deem the taxpayer to have demonstrated reasonable cause and lack of willful neglect, provided a good faith effort was made to properly estimate the tax liability on the extension application, the estimated amount is paid by the original due date of the return, and any tax owed on the return is fully paid no later than the extended due date of the return.

I suspect that the IRS will not be very strict in making taxpayers demonstrate reasonable cause, but if you have the cash, you should  pay up.

 

William Perez,  Filing Protective Claims for 2009 Tax Returns for Same-Sex Married Couples

Kay Bell, 6 ways to prepare and e-file your federal taxes for free

TaxGrrrl, Ask The Taxgirl: Home Offices And Capital Improvements

Roberton Williams, How Much Will 2013’s Payroll Tax Hikes Cut Your Take-Home Pay?

 

Peter Reilly,  Wesley Snipes Almost Out – Kent Hovind Remains In Prison

Russ Fox, Bozo Tax Tip #5: Don’t Seal the Envelope!

One of her clients mailed his tax return to the IRS but forgot to seal the envelope.  The return did make it to the IRS, but without page two of Schedule C.  The first that the client found out there was a problem was when the IRS sent him a letter noting the omission.  The second time he knew that there was a problem was when she found she was a victim of identity theft.

E-filed returns never fall out of the envelope.

 

Jack Townsend,  Good Overview Article on Financial Issues for Americans Living Abroad

Phil Hodgen,  Form 1040NR Filing, Tax Payment Deadlines

 

The criminal masterminds that the IRS can’t stop.  Tampa exotic dancer sentenced for tax fraud (tbo.com)

The Critical Question.  News Analysis: Why Are Fee Waivers Like Deep-Fried Twinkies? (Lee Sheppard, Tax Analysts; gated).

 

Stay tuned for my first 2013 filing season tip going up later this morning!

 

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Tax Roundup, April 3, 2013: Six days to Iowa Tax Freedom Day.

Wednesday, April 3rd, 2013 by Joe Kristan

Tax Freedom Day for Iowans will arrive April 9, according to the Tax Foundation.  That’s nine days sooner than for the whole country.  From the Tax Policy Blog:

Tax Freedom Day is the day when the nation as a whole has earned enough money to pay its total tax bill for the year. A vivid, calendar-based illustration of the cost of government, Tax Freedom Day divides all federal, state, and local taxes by the nation’s income.

 In 2013, Americans will pay $2.76 trillion in federal taxes and $1.45 trillion in state taxes, for a total tax bill of $4.22 trillion, or 29.4 percent of income. April 18 is 108 days, or 29.4 percent, into the year. Americans will spend more in taxes in 2013 than they will on food,  housing, and clothing combined.

You can find Tax Freedom Day for your state from this Tax Foundation Map:

 20130403-1

The national Tax Freedom Day is five days later than last year:

Tax Freedom Day is five days later than last year, due mainly to the fiscal cliff deal that raised federal taxes on individual income and payroll. Additionally, the Affordable Care Act’s investment tax and excise tax went into effect.

But cheer up!  If taxes were high enough to pay for all government spending without borrowing, it wouldn’t be until May 9.

 

TaxProf, ESPN: Athletes’ Charities Fall Short of IRS, Nonprofit Standards.  Chis Zorich might agree.  Actually, the arguments against athletes setting up their own charitable foundations are the same as those for anybody else.  They take more work and expertise to run than most people realize.  Compliance with federal tax laws and state laws can be costly.  It’s easy to get into trouble with them, like Mr. Zorich did.  It’s much wiser for athletes with a charitable interest to work with an established charity that knows what it’s doing.

 

So you owe the IRS on your 2012 return and cash is tight. What now?My new post at IowaBiz.com, The Des Moines Business Record blog for entrepreneurs.

Jason Dinesen,  Taxpayer Identity Theft — Part 14 .  The latest adventures in trying to get the IRS to pay the refund of his client, an identity theft victim, for 2010.  She may have it in “another 6-8 weeks.”  We’ll see.

 

Kaye Thomas,  Last Call for Refundable AMT Credit.  Congress didn’t extend the refundability of long-term alternative minimum tax credits, making the exercise of incentive stock options once again potetially ruinous.

TaxGrrrl,  Taxes From A To Z (2013): R Is For Recapture

 

Kay Bell, What do you plan to do with your tax refund?

Jack Townsend,  FBAR Penalty Collection — Beyond the Collection Suit, Administrative Offsets Loom Large and Long

Tax Trials:  4th Circuit: District Court Abused Discretion by Allowing Evidence of CPA’s Personal Tax Situation in Tax Shelter Promoter Case

Peter Reilly:  Lawyers Unite To Keep Dark Money Dark

Howard Gleckman,  The Economics of Corporate Rate Cuts are More Complicated than Politicians Think

 

Joseph Thorndike: Hate Filing Your Tax Return? Good.  (Tax.com).  Good for those of us who charge money to prepare returns, anyway.

 

Russ Fox,  Bozo Tax Tip #8: 300 Million Witnesses Can’t Be Right:

For a tax blogger, people like Richard Hatch are wonderful. Hatch, for those who don’t remember, was the winner of the first Survivor and won $1 million. About 300 million individuals worldwide saw Hatch take down the $1 million.

Hatch received a Form 1099-MISC for his winnings. In the United States, winnings from contests are taxable. Hatch claims that CBS and/or the producers of Survivor promised him that they would pay his taxes. (Both CBS and the producers of Survivor deny this charge.)

Of course Mr. Hatch failed to pay the taxes on income he earned in front of millions, serving a prison sentence as a result.  Sometimes watching somebody else get into real trouble can be instructive.

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Tax Roundup, 3/25/2013. Three weeks to go. And Cargo Cults!

Monday, March 25th, 2013 by Joe Kristan
Ceremonial cross of John Frum cargo cult, Tanna island, New Hebrides (now Vanuatu), 1967 (via Wikipedia)

Ceremonial cross of John Frum cargo cult, Tanna island, New Hebrides (now Vanuatu), 1967 (via Wikipedia)

Heresies of the Cargo Cult.  When some remote societies encountered the industrial world in World War II, they had trouble grasping what they were seeing.  Wikipedia explains:

Cargo cult activity in the Pacific region increased significantly during and immediately after World War II, when the residents of these regions observed the Japanese and American combatants bringing in large amounts of matériel.   When the war ended, the military bases closed and the flow of goods and materials ceased. In an attempt to attract further deliveries of goods, followers of the cults engaged in ritualistic practices such as building crude imitation landing strips, aircraft and faux radio equipment out of bamboo or whatever materials they had at hand, and mimicking the behavior that they had observed of the military personnel operating there.

While it’s easy to mock an islander for building a refrigerator-like box in hopes of conjuring up an icy six-pack, cargo cult behavior also occurs in modern societies.   Without describing it as such, tax historian Joseph Thorndike writes about the cargo cult of the 1950s, where modern policy wonks try to conjure up 1950s-style growth through a ritualistic process of duplicating tailfin-era totems.  For example, Timothy Noah thinks the crushing stated top marginal rates of that era might help generate those Happy Days results.  Mr. Thorndike sees problems with that approach:

We still don’t know if high statutory rates and (relatively) high average rates were a drag on growth. And we can’t know, because we also can’t know what growth might have been in a different tax climate.

Moreover, a range of nontax factors were probably more important in shaping growth patterns in the 1950s. In particular, the economic disruptions of World War II had left the United States in a uniquely dominant position; by one estimate, U.S. manufacturing output constituted 60 percent of the world’s total in 1950.

In other words, it takes more than a bamboo box to conjure up that beer.

After all, the tax system of the Eisenhower era was not a very good one: It paired notionally sky-high rates with a deeply flawed tax base and created distortions both coming and going.

I understand that progressives like Noah are fighting a different battle: They are trying to beat back the rate-cutting mania that often serves as a definition of tax reform these days. But I think we might take a lesson from the tax experts of the 1950s, who understood the problems bedeviling their own tax system. As economist Harold Groves said at the time, “The impression is widely shared that the Congress deliberately throws a high-rate scale to the public as a demagogic bone and then as deliberately allows escapes from taxes that makes these rates specious.”

Mr. Thorndike is more sympathetic to high rates than I ever will be.  Doing taxes for a living, I see first-hand how high rates affect behavior, and I have no patience for academics who say otherwise.  But he wisely notes that simply trying to recreate the totems of the 1950s, like high tax rates, misses all of the other things that put cold beer in the refrigerator.  Same thing goes for other 1950s fetishes like tail fins, industrial unionism and defined benefit pension plans.

 

 

To serve and protect.  Former Pittsburgh Police Chief Charged with Conspiracy, Failure to File Federal Tax Returns (FBI Press Release):

Former Pittsburgh Police Chief Nathan E. Harper has been indicted by a federal grand jury in Pittsburgh on charges of conspiracy and willful failure to file income tax returns, U.S. Attorney David J. Hickton announced today.

The five-count indictment named Harper, 60, of Pittsburgh.

According to the indictment, Harper was the chief of the city of Pittsburgh Police Department. From 2009 to 2012, he caused at least $70,628.92 in checks and cash received by the special events office of the department to be diverted to two accounts at the Greater Pittsburgh Police Federal Credit Union. Using Visa debit cards, Harper obtained more than $31,000 in ATM withdrawals and debit purchases, all for his personal benefit. Harper also failed to file federal tax returns for the years 2008 through 2011.

If he’s convicted, maybe the special events office can throw a little party for the occasion.

 

What could possibly go wrong?  James Timothy Turner was convicted last week of masterminding a cunning plan.  DothanEagle.com reports:

According to a U.S. Department of Justice press release, Turner was convicted of conspiracy to defraud the U.S., attempting to pay taxes with fictitious financial instruments, attempting to obstruct and impede the Internal Revenue Service, failing to file a 2009 federal income tax return and falsely testifying under oath in a bankruptcy proceeding.                           

The FBI began investigating Turner in 2010 after he and three other people sent packages to all 50 governors demanding they leave office.                           

Turner is the president of a group of what prosecutors called “sovereign citizens” known as the “Republic for the united States of America.”

Send “packages” to all of the governors telling them to resign?  Well, at least they weren’t trying to hide what they were doing.

Turner toured the country in 2008 and 2009 teaching seminars that instructed attendees how to submit bonds to pay off tax debt.                           

According to prosecutors, these bonds were completely fictitious and often written for amounts in excess of $1 billion.

Silly man.  Only the Federal Reserve can do that.  Unless we’re talking about the $1 trillion magic coin

 

Every theater needs a dirctor, including economic development theater.  Economic development director accuses senator of engaging in “political theater” over Orascom deal (O. Kay Henderson, via TheBeanwalker)

 

William Perez,  Penalty Relief Available for Some 2012 Federal Tax Returns

Jack Townsend,  Ethicist Question About Tax Professionals Exploiting Loopholes:

So, for those tax professionals engaging in such transactions that they know violated a known legal duty, their conduct is illegal and unethical.  For those transactions engaging in such transactions where they don’t know (perhaps are willfully ignorant) that the conduct is illegal (ultimately most of the b—-t tax shelters are found to be
illegal), then at least the ethical issues arise.  These are smart professionals, paid (supposedly) to predict what a court will do with the b—–t tax shelter.  Yet, in the prominent civil cases that swat down b—–t tax shelters, they fail miserably in their predictions.

 

Kay Bell,  A tax lawyer has ethical problems with tax loopholes

Janet Novack,  How Much Tax Will You Owe On A $320 Million Powerball Jackpot? A Lot More Than In 2012 .  I knew I should have arranged to win that Powerball last year.

Jim Maule,  Tax Meets the Chicken and the Egg

Trish McIntire,  Extensions

Patrick Temple-West,  Athletes’ tough tax bills, and more

TaxGrrrl,  Senate Passes Budget, Calls For Nearly $1 Trillion In Tax Increases

You are required to go to the party.  The Affordable Care Act Turns 3 (Richard Morrison, TaxVox).

 

The Critical Question: Who Will Play Margaret Fuller When The Movie Comes Out ?  (Peter Reilly)

Tony Nitti, IRS Employees’ Star Trek Parody Is As Wonderfully Awful As It Sounds

Russ Fox,  To Boldly Go Where No IRS Employee Has Gone Before…

You mean it’s not a documentary?  IRS Releases Gilligan’s Island Parody Training Video (TaxProf).

Frankly, they don’t give a dam. Beavers defiant after convicted of tax evasion (Chicago Tribune)

 

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Tax Roundup, 3/14/2013: Iowa house passes Alt Max Tax. Also: a jobs tax credit mulligan.

Thursday, March 14th, 2013 by Joe Kristan

 

20130117-1The Iowa House of Representatives approved an Alternative Maximum Tax yesterday.  It won’t get anywhere in the Iowa Senate.  But that’s probably not the point.

The 4.5% tax on AGI, with no credits and no deduction for federal income taxes, would be an alternative to the current multi-rate, high-loophole system.  Taxpayers could choose which way to file.

Of course, taxpayers would compute their taxes both ways and pay the lower amount — making it an Alternative Maximum Tax.  With the Alternative Minimum Tax, taxpayers compute their tax two ways and pay the higher amount.  It would add one more complication to an already complex system.  And, as I have noted, AGI is a flawed measure of taxable income.

The bill has just about no chance in the Iowa Senate, absent some incriminating photos of Democratic senators falling into Republican hands.  Bill opponents made dreary but predictable soak-the-rich arguments against the bill:

Democrats, however, criticized the bill for affecting just a fraction of Iowa taxpayers or for providing far more benefits to high-income earners.

Citing the Department of Revenue data, they noted about 5,000 income earners making more than $500,000 stand to save as much from the flat tax – around $90 million – as the 326,000 earners making less than $90,000 a year.

They aren’t saying that the lower earners don’t benefit.  They are just saying that the high earners benefit too much.  Of course, it means the high income earners pay a lot more tax than the lower earners right now.  It’s a silly argument — even sillier if you consider that state taxes are an awful tool for income redistribution.   My analysis indicates the bill would benefit most filers, not just the “rich.”

I don’t believe the Alt Max Tax was seriously intended to become law.  I think it was designed to try to keep the cause of income tax reform alive in a year that the Governor has no interest in it.  It may also be a trial balloon to see if a proposal that lacks federal tax deductibility would draw fatal fire from the powerful lobbying group Iowans for Tax Relief.  So far, no.  While the bill (formerly HF 3, now HF 478) is flawed, maybe it advances the debate.  Maybe next year, they’ll take up something like The Quick and Dirty Iowa Tax Reform Plan.

 

IRS extends certification rule, making Work Opportunity Credits available for all of 2012.  Congress retroactively extended the Work Opportunity Credit to 2012 at the beginning of 2013.  Unfortunately, one of the qualifications for taking the credit is to certify that an employee qualifies for the credit within 28 days of hiring.  That made the credit useless for most of 2012.

The IRS has now given employers until April 29, 2013 to file the necessary paperwork with the local Job Service offices.  Notice 2013-14 has the details.  Accounting Today has more.

 

If they can’t keep their own in line, how well would they do at regulating preparers?  Jury convicts former IRS worker of tax fraud (philly.com)

 

Andrew Lundeen, Deficits Per Person Expected to Fall, Then Rise over Budget Window (Tax Policy Blog).  With charts:

20130314-4

 

Cara Griffith, Will Tax Free Shopping Be a Way of the Past in Oregon? (Tax.com)

TaxGrrrl, Ask the taxgirl: Paying For Kindergarten

Phil Hodgen,  Apartment security deposits and Form 8938.  Is a security deposit a foreign financial asset?

Jack Townsend,  Statutes of Limitations for FBAR Noncompliance Related to Tax Noncompliance

Patrick Temple-West,  Senate Democrats propose new taxes, and more (Tax Break)

Paul Neiffer,  When Congress Says “Simplified” Watch Out!.  “WARNING – THIS IS MY LONGEST POST EVER”

Kay Bell, Cap tax deductions, says former Reagan economic adviser

Daniel Shaviro,  Corporate tax reform?

 

It was the profanity. One of them said “dam.”  Judge puts gag order on attorneys in Beavers case (Chicago Tribune)

Tony Nitti,  District Court Rules That TurboTax Can Continue Making Fun Of H&R Block In Its Commercials (Again)

Going Concern, A CPA’s Guide to a Successful Observance of St. Patrick’s DayI prefer to observe it from a safe distance.

 

When you are running a big criminal tax conspiracy, never hit “reply all”.  From Bloomberg News:

Everybody knows the danger of sending things inadvertently in an e-mail. Beda Singenberger’s case shows you also have to be pretty careful when you mail things the old-fashioned way.

Over an 11-year period, federal prosecutors charge, Swiss financial adviser Singenberger helped 60 people in the U.S. hide $184 million in secret offshore accounts bearing colorful names like Real Cool Investments Ltd. and Wanderlust Foundation.

Then, according to a prosecutor, Singenberger inadvertently mailed a list of his U.S. clients, including their names and incriminating details, which somehow wound up in the hands of federal authorities.

Via the TaxProf.

 

Corporate returns are due tomorrow.  That means you have to queue up your extension or balance due payments on EFTPS today!

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Tax Roundup, 3/6/2013: Tax return numerology, and similar economic development science. Plus rapper tax tips!

Wednesday, March 6th, 2013 by Joe Kristan

20130306-1Tax tip: IRS doesn’t buy this numerology stuff.  A strange story out of New York:

A tailor who counted star athletes including Rickey Henderson and Wilt Chamberlain among his clients has pleaded guilty to skirting about $2 million in sales and income taxes.

Mohanbhai Ramchandani pleaded guilty on Tuesday, state Attorney General Eric Schneiderman said. His company, Mohan’s Custom Tailors Inc., also has had local stars Patrick Ewing and Darryl Strawberry among its clients and made an appearance on Bravo’s “The Real Housewives of New York City.”

The charges say that he failed to pay $1.7 million in sales taxes starting in 2001, and he failed to pay $256,000 of income taxes from 2007 through 2009.  I didn’t know tailoring could be so lucrative.  But this is unusual:

Authorities said a whistle-blower first raised concerns over Ramchandani’s tax practices. They said one indication of fraud was the use of numbers on his tax forms that added up to multiples of 10, an outgrowth of his belief in numerology.

Once in a while you prepare a return that happens to foot to a round number somewhere.  It looks funny, but it will happen occasionally just by chance.  But when they are all round, apparently the tax people might notice.

 

As strange as Mr. Ramchandani’s approach to numbers is, Iowa gives him a run for his money.   Iowa’s lead tax credit pusher, Debi Durham, has issued a press release touting the economic wonders of enormous tax credits granted Orascom, an Egyptian company, to build a fertilizer plant in Southeast Iowa.  The release bases its conclusions on “ the Regional Economic Modeling Inc. (REMI) analysis for the Iowa Fertilizer Co. project.”  From the release:

“The  REMI analysis of the Iowa Fertilizer Co. project speaks for itself,” said Debi Durham, director of the Iowa Economic Development Authority (IEDA).  “On the front end, Iowa Fertilizer Co. will inject $1.4 billion of capital investment into our state and create at least 165 permanent jobs and thousands of construction-related jobs.  Now we know that the benefits of that project will serve Iowans for years to come.”

It speaks for itself and it says nothing.    It says nothing about whether the project would have gone ahead without the credits, but Iowa’s claims that Illinois was hot after the plant with its own incentives lack credibility.

The analysis really betrays itself by omitting two key words: “opportunity cost.”  It claims every projected benefit from the project without asking whether any benefits would be available if the money were used for something else.  It certainly doesn’t say what Iowa loses by having a complex tax system with high rates to pay big subsidies to the well-connected.

I’ve said it before: using taxpayer money to lure businesses is like a guy taking his wife’s purse to the bar to buy drinks for the girls.  It’s not impressive.  They might let the guy buy the drinks, but they realize he’ll treat them like he is treating his wife if he gets the chance.  And anybody he goes home with isn’t likely to be much of a prize.

 

Egypt taking a different approach to Orascom.   The Orascom executives do better in Iowa than back home, reports SiouxCityJournal.com:

An Egyptian billionaire behind one of the largest and most controversial projects in the state is being investigated for tax evasion and has been barred from leaving his country.

According to an article published Tuesday in Construction Week Online, Orascom Construction CEO Nassef Sawiris and his father, Onsi Sawiris, are barred from travel until a resolution is reached regarding the sale of an Orascom subsidiary and the taxes from that sale.

As hard as it is to deal with Iowa and federal tax authorities, they are probably downright reasonable compared to Egyptian revenuers.  I suspect that the “resolution” being sought is much like that sought by a kidnapper.

 

The TaxProf links to this from the New York Times Dealbook: Why Carried Interest Is a Capital Gain.  It is as good an explanation as I’ve seen of why capital gain on private equity isn’t a crime against humanity:

Typically private equity investors are paid a 2% management fee, on which they pay ordinary income tax rates, and a 20% carried interest of the partnership’s profits that is only paid after limited partners receive a preferred return of 8%.

Carried interest, therefore, is the profits share on the sale of a capital asset and not “ordinary income” as some would have it treated.  In other words, it is a capital gain within a partnership and is rightfully taxed at the long-term capital gains rate  — provided that  the asset, or company, is held for more than one year.

The underlying principle is no different than two friends who partner together to purchase a restaurant.  One might bring capital and the other brings expertise.  The restaurant could be in disrepair or a great concept that needs additional capital to expand.  The chef identifies the restaurant to buy and possesses the skills to manage the restaurant and add value to the enterprise over time.  The friend has the capital to invest, but doesn’t possess the operational or investment skills to generate a return.

When they sell the restaurant years later, both partners receive capital gains treatment on their long-term investment.  A private equity partnership works in the same way.  This is Partnership Law 101.

Exactly.  And it’s not like a salary, where somebody writes you a check.  The private equity investor is taking a risk, and on any given investment is likely to get nothing.  It’s not like, say, a tenured law school faculty paycheck that comes every two weeks.

 

 

It’s not just the rich guy?  Obamacare Tax Increases Will Impact Us All (Andrew Lundeen, Tax Policy Blog).

Howard Gleckman, Changing Government’s Inflation Measure Would Raise Taxes as Much as it Would Cut Spending (TaxVox)

Jason Dinesen,  Greatest Hits: Enrolled Agents, The Liechtenstein of the Tax World.  ”When people hear ‘enrolled agent,’ they think either ‘what the hell is
that?’ or ‘he must work for the IRS, flee for your lives!’”

Anthony Nitti,  Business Owners Could Find Their Tax Deferral Backfiring.  Deferring income into higher-rate years works badly.

Russ Fox,  Did the IRS Write Law?  “I suspect the IRS has erred.”  I agree, the IRS can’t change statutory rates to deal with budget issues.

 

Jack Townsend,  Proposed New FBAR Form And Explanation

Brian Strahle,  Will Maryland Match Virginia’s Corporate Income Tax Rate?

Patrick Temple-West,  Tax-exempt bonds get scrutiny, and more

TaxGrrrl, Taxes From A To Z (2013): C Is For Carpooling

Robert Goulder, Will EITI Kill Transfer Pricing? (Tax.com).  First ask yourself: what is EITI?

 

David Brunori, Remember the Alamo, Buy a Gun (Tax.com)  On the unwisdom of sales tax holidays, even for guns.


ProTip: Don’t take your tax advice from rappers.  This from Going Concern:

As you might expect, TMZ has the scoop and it quotes a number of artists who are currently considering tips for strippers as a legit deduction and therefore a serious tax strategy. And who doesn’t love creative tax planning? But how might they rationalize this idea? 

Well, Bizzy Bone considers these young ladies to be like his family:

Bizzy Bone tells TMZ, “I’m giving charity to females who need their light bills paid.  So, of course, that’s a write-off.  You write off your kids, don’t you?”

Um, no.  Mr. Bone might want to ponder the stories of Ja Rule, Fat Joe, and Beanie Sigel, to name a few, before he gets too smug about his tax deductions.

 

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