Posts Tagged ‘Trish McIntire’
Wednesday, May 15th, 2013 by Joe Kristan
With 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.
Tags: David Brunori, Fiduciary Income Tax Blog, IRS disclosure scandal, Jason Dinesen, Jim Maule, Joseph Henchman, Patrick Temple-West, Peter Reilly, Russ Fox, TaxProf, Trish McIntire
Posted in Tax Roundup | No Comments »
Monday, May 13th, 2013 by Joe Kristan
If 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:

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.
Tags: Althouse, Andrew Mitchel, Connor Simpson, Going Concern, Jack Townsend, Janet Novack, Jesse Walker, Jonathan Adler, Katrina Trinko, Kay Bell, Linda Beale, Matt Welch, Matthew Feeney, maule, megan mcardle, Nick Kasprak, Nina Olson, Patrick Temple-West, Peter Reilly, Phil Dodgen, Professor Bainbridge, Russ Fox, Shulman, tax administration, tax.com, TaxGrrrl, TaxProf, Trish McIntire, William Jacobson
Posted in Tax Roundup | No Comments »
Monday, May 6th, 2013 by Joe Kristan
David Brunori doesn’t think much of the tax wisdom of the Iowa House of Representatives ($link):
The Iowa House of Representatives recently passed the Iowa Reinvestment Act, which would allow companies to keep sales tax revenue they collect rather than turning it over to the general fund as the citizens think will happen. Basically, the act is designed to allow businesses to recoup the cost of development. The state has done that before to allow the public to help finance a speedway and other projects that apparently can’t be justified in the free market. The vote for that abomination of tax policy was 87 to 9. That’s what we call bipartisan bad tax policy.
Just more of using your money to subsidize the well-lobbied and well-connected.
Related: David Cay Johnston, Subsidies – Good News and Not So Good (Tax.com)
Jim Maule leaps from his blog to Tax Notes, IRS-Prepared Tax Returns: A Theory That Doesn’t Work in Practice. (Via the TaxProf):
The idea of the IRS preparing individuals’ returns is a classic example of a theory that cannot survive in a practical world. Like most theories, it deserved an experiment. It had that chance, in California, and it failed, with only a tiny portion of the eligible population deciding to participate.
Making taxpayers’ lives easier is a matter of simplifying the tax law, not enabling the complexities by turning tax preparation over to the IRS.
This strikes me as wise. I just can’t imagine IRS data processing ever making this possible, considering the complexity of the income tax and the way Congress changes it all the time.
Brian Gongol on the Obama Administration’s proposed $3.4 million cap on retirement account accumulations:
On one hand, $3.4 million is a lot of money — nobody should doubt that. But we’re also nearly completely blind in America to how much is “enough” for retirement. Many people would say the word “millionaire” and imagine Uncle Pennybags or Uncle Scrooge. But consider this: If you wanted to get $40,000 a year in retirement income and do it just on interest payments alone (in other words, if you were trying to avoid taking anything out of your nest egg and just live on the interest), then if you had your money in “safe” 10-year Treasuries earning 1.78%, then you’d have to have more than $2.2 million in the bank. Under those conditions, “rich” doesn’t really look so rich anymore.
I don’t think the nation’s biggest problem is people saving too much.
Holding your breath for tax reform? Exhale. Martin Sullivan says tax reform is on the Fast Track to Nowhere. (Tax.com)
Donald Marron, Immigration, Dynamic Scoring, and CBO (TaxVox)
Kay Bell, 5 tax tips for Cinco de Mayo
Brian Mahany, FINRA Issues Warning On Nontraded REITs – Stockbroker Fraud Post
We have written several times about the dangers of nontraded or thinly traded REITs. They are a popular way of investing in real estate but they can be difficult to sell or liquidate if an investor suddenly needs cash.
I saw an elderly, ill client with severe cash problems while holding a private REIT investment that he couldn’t cash out. This really does happen. This is not a problem with widely-traded REITs, which are as liquid as any stock.
Jim Maule, Why the “Toss Tax Records After Three (or Seven) Years” Advice is Bad. I never throw away tax returns, and you need to keep records to support the cost of shares and big assets. If you have loss carryforwards, you need to keep the records that support the losses as long as you are using the carryforwards.
Trish McIntire, RAL Fees in Court
Scott Hodge, In Memorial: Gordon Paul Smith. We lose an important tax scholar.
Jack Townsend, Article on Singapore Crackdown on Singapore Bank Accounts Used for Other Country Evasion
The tax law: is there anything it can’t do? Scientist Pitches Proposal to Curb Bird Deaths: A Tax On Cats (TaxGrrrl)
Potassium forever? An accused embezzler apparently was in no hurry to stand trial. From StarTribune.com:
A Texas man faces more than 16 years in federal prison for his role in a scheme to bilk nearly $400,000 from his former Eagan employer, Advantage Transportation.
Clayton “Craig” Hogeland, 43, also obstructed justice by faking a life-threatening medical condition, U.S. District Judge Patrick Schiltz found. That caused delays for both his trial and sentencing hearing.
How did he delay his trial?
Further health-related delays stretched out the trial before his conviction on Dec. 6, 2011. He was placed in custody Jan. 8, 2013, and the erratic blood potassium readings stopped. Six days later, his wife reported to federal authorities that she found in his belongings four zip-top bags of what turned out to be potassium chloride.
Despite his continuing complaints about symptoms after being jailed, tests revealed no abnormal blood potassium levels, the prosecution said.
I’m not sure this was well thought-out. What’s the next move? More potassium? Maybe when you are looking at 16 years in federal prison, delay is its own reward.
Tags: Brian Mahany, David Brunori, David Cay Johnston, Donald Marron., Gongol, Jack Twonsend, Kay Bell, Martin Sullivan, maule, Scott Hodge, tax crime, TaxGrrrl, Trish McIntire
Posted in Tax Roundup | No Comments »
Monday, April 29th, 2013 by Joe Kristan
Laura Saunders, Are You Ready for the New Investment Tax?, (Wall Street Journal, via The TaxProf):
The tax, which took effect Jan. 1, applies to the “net investment income” of married joint filers who have more than $250,000 of income (or $200,000 for singles). Only investment income—such as dividends, interest and capital gains—above the thresholds is taxed. The rate is a flat 3.8% in addition to other taxes owed.
“Affluent investors who ignore this tax will be in for a total shock next April 15,” says David Lifson, a certified public accountant specializing in tax at Crowe Horwath in New York. Such income is typically not subject to withholding, and people won’t be factoring it into their estimated taxes. Lower-bracket taxpayers who receive a windfall large enough to owe the tax will also be in for a surprise.
This tax is shockingly complex, and it will surprise a lot of taxpayers next April.
Related: Tony Nitti, Overview Of The New 3.8% Investment Income Tax, Part 1
Feds sue over Des Moines utility tax (Des Moines Register). Des Moines lost a long legal battle over its “utility tax” on electric bills. Now the federal government is after the city:
Federal prosecutors acting on behalf of the U.S. Department of Veteran Affairs sued the city of Des Moines and MidAmerican Energy Co. on Friday, alleging that the city’s longstanding surcharge on gas and electric customers in Des Moines constitutes an illegal tax when levied against Uncle Sam.
Trish McIntire, W-2Gs and CP2000s:
When a taxpayer wins a jackpot, the casino gives them the W-2G for the win at that time. It’s up to the taxpayer to keep the W-2G safe and bring it into me, or their preparer, when their taxes are done. What happens to the W-2G? It gets shoved into a purse or pocket, thrown in the glove compartment or on the desk at home or thrown in the trash by accident.
Robert D. Flach, THE MORTGAGE INTEREST DEDUCTION:
I support keeping the deduction for acquisition debt mortgage interest on one’s primary personal residence, and the deduction for real estate taxes on the same primary personal residence, not to encourage home ownership, but as a form of “geographical equalization”.
In other words, he wants to help out people who live in places where houses cost more. I think that’s misguided, as it also encourages people who live in low-cost locales like Des Moines to build palaces with help from the taxman.
Russ Fox, 1700 Miles and a 7% Difference. Joe Mauer of the Minnesota Twins tries to avoid Minnesota residency for low-tax Florida. It went about as well as this season will for the Florida Marlins (or the Twins, for that matter).
Kay Bell, Smokers are among the latest federal tax targets. Transferring nicotine addiction from smokers to government.
Jana Luttenegger, IRS Announces Furlough Days (Davis Brown Tax Law Blog).
Patrick Temple-West, Obama talks budget with Republicans, and more (Tax Break)
Paul Neiffer, Don’t Forget Your Retirement Plan. “I was talking with a new farm client the other day about his estate plan and what struck me the most was not how much farm land value he had accumulated but rather the amount he had tucked away into his retirement plans.”
Peter Reilly, Fifth Avenue Inspirational Shopping Not Doing Business. Dang.
Phil Hodgen, Note to Concerned Immigrant:
Get some competent advice about how to handle the past years. If the advice is OVDI, then stand up and walk away, swearing the mightiest oaths that a drunken sailor could swear.
Perhaps the Offshore Voluntary Disclosure Initiative has somehow failed to gain the confidence of the tax bar?
Jack Townsend, More on the GAO Report on IRS Offshore Disclosure Initiatives
Trust me, peasant, it’s for your own good. Former GM Exec Bob Lutz Suggests Higher Gas Taxes Would Help Americans (TaxGrrrl)
The soft bigotry of low expectations. The Pioneer Press Has Crowned Its Sexiest Accountant(s) (Going Concern)
Now he tells us. Jailed tax cheat’s warning: Just ‘don’t do it’ (TBO.com)
Tags: Des Moines, Going Concern, Jack Townsend, Jana Luttenegger, Kay Bell, Laura Saunders, Net Investment Income Tax, Patrick Temple-West, Paul Neiffer, Peter Reilly, Phil Hodgen, Robert D Flach, Russ Fox, tax crime, TaxGrrrl, Tony Nitti, Trish McIntire
Posted in Tax Roundup | 1 Comment »
Tuesday, April 23rd, 2013 by Joe Kristan
The 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
Tags: Howard Gleckman, Jeremy Scott, Kay Bell, Patrick Temple-West, Robert D Flach, Tax Trials, TaxProf, Trish McIntire, William Perez
Posted in Tax Roundup | No Comments »
Friday, April 19th, 2013 by Joe Kristan
More
evidence that preparers are out of control and need IRS employees to keep an eye on them: 24 IRS Employees Indicted for Theft of Government Benefits (TaxProf).
24 current and former employees of the Internal Revenue Service have been charged for crimes relating to fraudulently obtaining more than $250,000 in government benefits.
Thirteen of the current and former IRS employees have been charged federally with making false statements to obtain unemployment insurance payments, food stamps, welfare, and housing vouchers. All thirteen, individually charged in separate indictments, are alleged to have falsely stated that they were unemployed while applying for or recertifying those government benefits.
They may have been right about being unemployed, just wrong about the timing.
We have to show the government our returns, so it’s only fair: Iowa Gov. Branstad plans to show income tax returns to reporters (AP)
Howard Gleckman, What Ever Happened to State Tax Reform? (TaxVox)
Kay Bell, Obama’s 2012 effective tax rate was 18.4 percent; Now what do your members of Congress pay in taxes? Make them do their returns on a live archived webcast, with a rolling comment bar.
Peter Reilly, How Not To Care About IRS E-mail Snooping
William Perez, IRS Provides Penalty Relief Due to Boston Marathon Explosion and Storms in South and Midwest
Patrick Temple-West, Tax extension after Boston attack, and more (Tax Break)
Russ Fox, RS Gives Extra Three Months for Filing and Payments to Boston-Area Taxpayers; Massachussetts Deadline Should be the Same
TaxGrrrl, So You Missed Tax Day, What Next?
Andrew Mitchel, Code §911 Foreign Earned Income Exclusion – Adverse Conditions
Freakonomics Blog, The History of Taxes
Megan McArdle, Our Tax Code is Too Complicated. Here’s How to Simplify It. ”Get rid of the corporate income tax. It’s not worth it, and there are better ways to collect the money.”
Janet Novack, Tax Geeks: Make Tax Filing Easy, Kill The Mortgage Deduction, Tax CPAs
Jim Maule, Tax Compliance and Non-Compliance: Identifying the Factors
Trish McIntire, You Need the Numbers Before You Do the Return
Scott Drenkard, Perry Calls for Reforms of Texas’ Margin Tax (Tax Policy Blog). It could use it.
Christopher Bergin, It Just Isn’t Fair (Tax.com):
The headline producing data in the report was that revenue loss – about $181 billion – from corporate tax expenditures in 2011 was “approximately the same size as the amount of corporate income tax revenue the federal government collected that year.” That makes a headline grabber; here would be my version: “Corporations Got More in Tax Breaks Than They Paid in Taxes, Government Says.”
It’s almost like the tax exists only so the politicians can carve loopholes for their friends.
Indeed. It’s Rarely a Good Sign When a Tax Prep Business Closes Its Doors Three Days Prior to April 15th (Going Concern)
Just plead “miseducation” and leave it at that. Lauryn Hill asks judge for leniency in upcoming tax evasion sentencing claiming she failed to file taxes due to threats and withdrawal from society (dailymail.com.uk)
Tony Nitti, Girl, You Know You Better Watch Out: Singer Lauryn Hill To Be Sentenced On Tax Evasion Charges
Jack Townsend, Bank Frey Executive and Swiss Lawyer Indicted
How I spent April 15. (Marketwatch, via Going Concern). I approve of the comment at the bottom of the GC post.
Me too. Tax Season 2013: Mostly Unpleasant, And I’m Glad It’s Over (Jason Dinesen)
Robert D. Flach returns! THAT WAS THE TAX SEASON THAT WAS 2013
Me: Back to work.
News you can use. Hone your corporate tax evasion skills (Boston.com)
Tags: Andrew Mitchel, Anthony Nitti, Christopher Bergin, Freakonomics, Going Concern, Howard Gleckman, Jack Townsend, Janet Novack, Jason Dinesen, Jeremy Scott, Kay Bell, Lauryn Hill, maule, megan mcardle, Patrick Temple-West, Peter Reilly, Robert D Flach, Russ Fox, Scott Drenkard, tax crime, TaxGrrrl, Trish McIntire, William Perez
Posted in Tax Roundup | No Comments »
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.

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)
Tags: Branstad economic policy, corporate welfare, economic development, Going Concern, Jeremy Scott, Jim Maule, Joseph Henchman, Kay Bell, Martin Sullivan, Peter Reilly, Russ Fox, Tax Trials, TaxProf, Tony Nitti, Trish McIntire, William Gale, William Perez
Posted in Tax Roundup | No Comments »
Monday, April 1st, 2013 by Joe Kristan

Flickr image courtesy Sean MacEntee under Creative Commons license
April Fools day is a challenge for tax bloggers. No matter how outlandish an idea you have for a joke story, chances are that the legislation has already been proposed. Today’s challenge: Real tax headlines are mixed with fake ones from today’s Tax Policy Blog. Can you pick the real fakes without peeking?
A. Protecting Consumers by Eliminating the Business Deduction for Advertising
B. Could tax breaks keep psychiatrists in Iowa?
C. Proposal would give artists tax credit for fair market value of donated work.
D.President Obama Backs Proposal to Legalize Marijuana, Tax Junk Food
E. Could Taxing Violent Video Games Actually Save Lives?
F. Senator backs off tax on condoms, contact lenses
G. Following Cyprus Lead, Senator Proposes Tax on “Everyone Else”
H. Mexico Considers Border Fence to Halt Californians Fleeing High Taxes
I. California politician proposes tax on email
Answers at bottom of post.
In fact, the research activities credit is noteworthy for its excessive cost — more than $45 million each of the past three years — and the lack of any demonstration of a public benefit. This giveaway is so loosely managed that companies are not even required to disclose how many jobs are related to the taxpayer cost, let alone demonstrate that the jobs would go away without the subsidy.
Related: Your tax dollars at work for somebody else.
David Brunori gets righteous on the “incentives” industry in today’s Tax Notes (unfortunately for subscribers only):
Incentives are inequitable. They’re unnecessary — and hence a waste of money. They distort markets. They breed cronyism. If the players involved weren’t establishment politicians, household name corporations, and prestigious law and accounting firms, we’d describe them as grifters.
Why wouldn’t we describe ”establishment politicians, household name corporations, and prestigious law and accounting firms” as grifters? Redundancy?
Here’s a new one. A Pakistani company, the Fatima Group, would like to open a fertilizer plant in Indiana. The company, which for all I know makes the Cadillac of fertilizer, is seeking both federal and state incentives to build its factory. The twist is that the Fatima Group’s fertilizer has been used in 80 percent of roadside bombs in Afghanistan. That’s awkward.
Right now Iowa seems to lead the world in fertilizing fertilizer companies with tax money. No doubt explosive growth is just down the road.
Lawrence Zelenak, Learning to Love Form 1040: Two Cheers for the Return-Based Mass Income Tax (via the TaxProf). I’m ready to see if absence might make the heart grow fonder.
Don Beaudreax takes Mr. Zelenak’s thinking to its logical conclusion:
If spending time and effort connecting with tax collectors helpfully “draws our attention to our duties as citizens,” then tax withholding short-circuits that attention. So why not eliminate withholding and oblige each income earner to pay every cent of his or her tax bill by writing personal checks to the IRS? Not only would elimination of withholding make us even more attentive to our “duties as citizens,” we would also – as any behavioral economist would point out – gain a truer and more fully felt sense of the price we pay for Uncle Sam’s splendors.
Reading Don Beaudreax Cafe Hayek blog for one week will make you smarter than all of Iowa’s legislators combined.
Russ Fox begins his annual countown of bad tax ideas with Bozo Tax Tip #10: Report Income That You Didn’t Earn
William Perez, April 1st Deadline to Take Required Minimum Distributions for 2012
Kay Bell, IRS loses latest round in tax preparer regulation lawsuit
Brian Strahle, New York “Amazon Law” Ruled Constitutional: But Wait, There’s More
Trish McIntire, Return Is Done but you Owe.
Peter Reilly, First Circuit Tells Tax Court To Look Harder For Fraudulent Transfer
TaxGrrrl, Taxes From A To Z (2013): P Is For Passive Activity Rules
David Cay Johnston, Spam and Taxes (Tax.com)
Howard Gleckman, Is This a Good Time to Reform the Mortgage Interest Deduction? (TaxVox)
Zumba instructor finds way to draw men to her studio. From RegisterCitizen.com:
The dance instructor who used her Zumba fitness studio as a front for prostitution faces jail time after pleading guilty in a case that captivated a quiet seaside town known for its beaches and picturesque homes.
The plea agreement, which calls for a 10-month sentence, spares Alexis Wright from the prospect of a high-profile trial featuring sex videos, exhibitionism and pornography. She’s scheduled to be sentenced on May 31.
Wright quietly answered “guilty” 20 times on Friday when the judge read the counts, which include engaging in prostitution, promotion of prostitution, conspiracy, tax evasion and theft by deception.
Remember, just because they pay in cash doesn’t make it tax-free.
News you can use. “Just Go Rob the H&R Block Instead, Their Computers Are Nicer” (Going Concern)
Fakes: A, D, G, H.
Tags: Brian Strahle, corporate welfare, David Brunori, David Cay Johnston, Don Boudreaux, economic development, Going Concern, Howard Gleckman, Iowa research credit, Kay Bell, Lawrence Zelenak, Mike Owen, Peter Reilly, Russ Fox, tax crime, TaxGrrrl, Trish McIntire, William Perez, Zumba
Posted in Tax Reform | No Comments »
Tuesday, March 26th, 2013 by Joe Kristan
Film tax credit scams are big news in the U.K. right now. An Irish actress, Aoife Madden, yesterday received a 54-month sentence in her role in scamming a U.K. film tax credit scheme. Irish Times reports:
The group successfully claimed £1.5 million in film tax breaks after they said they intended to make a film titled Landscape of Lives with a £19 million budget, funded by Jordanian backers.
Once they were arrested two years ago, the five hurriedly produced a film called, ironically, Landscape of Lies for just £90,000, which went on to win a Silver Ace award from last year’s Las Vegas Film Festival.
The film, which starred former EastEnders actor Marc Bannerman and Andrea McClean, told the story of a former British soldier’s attempts to discover the truth behind his friend’s murder in an apparent mugging.
Before suspicions had been aroused, Madden’s London film company, Evolved Pictures, told revenue and customs that millions had been spent on Hollywood A-list actors and film crew when it lodged a value added tax repayment application for £1.48 million. It received more than £1 million.
Lost in the coverage is Iowa’s pioneering role in film tax credit scams. A little-known film producer from Minnesota came here and showed the Brits just how it’s done:
Take Iowa. A start-up called Polynation Pictures came looking for backing for a sci-fi flick so lame it would have embarrassed Ed Wood. With a financing scheme worthy of Max Bialystock, the con these folks pulled was nearly as inept as the film they made, but Iowa’s film office was too starry eyed to notice.
…
The $767,250 production Polynation Pictures proposed eventually came in at $3.7 million. This was achieved in part with preposterous expenses. Producers claimed they paid $1,350 to rent six orange road cones. The use of two 6-foot ladders supposedly cost the company $900 (a bargain, as Polynation claimed to have spent another $900 to rent a single 8-foot ladder). Among production necessities was a new Mercedes. The partners set up an array of separate companies and used them to bill themselves extravagantly for work supposedly done on the picture. These were presented to Iowa as “deferred payments”—to be paid if the movie made money (which the enterprise was sure to do when Iowa handed the tax credits over). The only thing missing was a staged rendition of “Springtime for Hitler.”
Polynation mastermind Wendy Weiner Runge received 10 years for her star turn in the film credit program.
The film credit program was touted as a way to make Iowa a leader in the film world. And, in a way, it did.
You might be interested in this interview with Ms. Madden about her role in the film, knowing what we know now. She said this:
This project has been a crazy but wonderful challenge!! I’ve always wanted to produce a feature, and have a number of projects in development, but this was the one I just wanted to lift off the page. I think the biggest challenge was sourcing finance, which is no surprise for an independent film company. We were extremely lucky to find international investors and lobby them to back the project, but this was a lengthy process and has always been a challenge.
A challenge, yes, but I’m not sure they turned out lucky.
Snatching defeat from the jaws of victory. Now that the courts have saved the IRS from itself by shutting down the misguided preparer regulation system, the Senate rides to the rescue to screw everything up again, Accounting Today reports:
The two leaders of the Senate Finance Committee, Chairman Max Baucus, D-Mont., and ranking Republican member Orrin Hatch, R-Utah, have begun developing proposals for reforming the U.S. Tax Code, including giving the Internal Revenue Service the clear statutory authority to regulate tax preparers in case the IRS loses its appeal of a recent court case invalidating its Registered Tax Return Preparer regime.
The IRS can’t answer its phones. Its pockets are being picked to the tune of billions by semi-literate South Florida grifters. And the Senate thinks that preparers are the problem? Preparer regulation is a market-share enhancement program for the national franchise tax prep outfits; the rules were written by a former H&R Block CEO. If Senators Baucus and Hatch want to re-enact these anti-competitive and useless rules, it just shows who they really represent. (Via Going Concern).
Howard Gleckman, Congress Has Not Passed A 2014 Budget, and Probably Won’t (TaxVox). Why do that, when Henry and Robert have other chores for them?
Joseph Henchman, Senate Votes on Tax Proposals, Including State Taxation of Internet Commerce. (Tax Policy Blog) Amazon taxes seem inevitable. Otherwise Wal-Mart can’t compete with a guy selling things from his basement on the Internet.
Brian Strahle, The Marketplace Fairness Act: Is It Really Fair?
Kay Bell, Online sales tax a step closer with Senate budget amendment
Thanks, you’ve helped enough already. A New Proposal to Promote American Manufacturing (Martin Sullivan, Tax.com).
Jack Townsend, Supreme Court Will Decide Whether B____t Tax Shelters with Basis Overstatements Draw the 40% Penalty
Tony Nitti, What Are Your Odds Of Being Audited By The IRS?
TaxGrrrl, Taxes From A To Z (2013): N Is For Notice Of Deficiency
Missouri Tax Guy, Social Security Benefits, are they taxable?
Patrick Temple-West, Proposals to tax trades spark financial firm lobbying, and more (Tax Break)
Peter Reilly, Has Scalia Already Thrown In The Towel On Same Sex Marriage ?
Dan Meyer, “Where No Tax Rate Has Gone Before…”
Trish McIntire, That Reminder – 2013. “Your Failure to Plan Is Not My Emergency!” The tax preparer April battle cry.
Tags: Anthony Nitti, Brian Strahle, Dan Meyer, film credits, Going Concern, harold hill, Howard Gleckman, Jack Townsend, Joseph Henchman, Kay Bell, Martin Sullivan, Max Baucus, Missouri Tax Guy, Orrin Hatch, Patrick Temple-West, Peter Reily, preparer regulation, tax crime, TaxGrrrl, Trish McIntire
Posted in Tax Roundup | 1 Comment »
Monday, March 25th, 2013 by Joe Kristan

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)
Tags: Anthony Nitti, Beavers, cargo cult, Jack Townsend, Janet Novack, Joseph Thorndike, Kay Bell, maule, O Kay Henderson, Patrick Temple-West, Peter Reilly, Richard Morrison, Russ Fox, soverign citizens, tax crime, tax protesters, TaxGrrrl, TaxProf, Timothy Noah, Trish McIntire, William Perez
Posted in Tax Roundup | No Comments »
Friday, March 15th, 2013 by Joe Kristan
Calendar-year corporation returns are due today! They are easy to extend on Form 7004 if you can’t finish them today. If you don’t extend an S corporation return and you file late, the penalty starts at $195 for each late K-1, and $195 each for every additional month the return is late.

If Iowa’s tax law were a car, it would look like this.
Joseph Henchman, Iowa House Passes Alternative Maximum Tax: Income Tax Option Clear of Carveouts (Tax Policy Blog). Joseph has some good things to say about the Iowa alternative tax that passed the house this week (HF 478):
I’ve never filled out an Iowa income tax form but it looks like one of the harder state tax returns. Iowa allows you to deduct what you pay in federal income tax, which is nice but is that much more calculation work (and probably drives up tax rates). There are lines for the lump-sum tax, the minimum tax, the K-12 textbook credit, the school district surtax, the motor fuel tax credit, and the earned income tax credit. I’m sure each one of these has their explanations of necessity but together it sounds like a lot of paperwork, record-keeping, and Tax Filing Day frustration.
…
Hence, I’m impressed by a bill passed yesterday (House File 478) by the Iowa House which would offer an alternative to all Iowa taxpayers: a 4.5 percent tax on all income above about $15,000, which no further deductions or exemptions. It’s not perfect: our friend Joe Kristan pointed out that a credit for taxes paid to another state and a deduction for federal interest are probably constitutionally required, and offsetting deductions to certain kinds of income (allowing gambling losses if you tax gambling winnings) is good policy. But as Joe said, the bill “is a welcome step towards improving Iowa’s income tax.”
I’m hoping it’s a step towards the Tax Update Quick and Dirty Iowa Tax Reform Plan.
It’s a myth, so they’re cracking down on it!
Huffington Post, The Millionaire Migration Myth: Don’t Fall for This Anti-Tax Scare Tactic.
Bloomberg News, States Crack Down on Top Earners Who Flee as Levies Rise: Taxes
If they feel have to “crack down” on something, maybe there’s something to that myth.

The Ultimate Swiss Army Knife. Flickr Image courtesy redjar under Creative Commons license.
Janet Novack, Blame Congress, As Well As H&R Block And IRS, For College Tax Credit Mess. Oh, I do! From the article:
Far be it from me to let either the Internal Revenue Service or tax prep giant H&R Block off the hook for the current mess which has delayed refunds for more than 600,000 taxpayers claiming college tax credits by up to eight weeks. In addition to their operational missteps, both did a poor job (at least initially) of communicating with taxpayers who desperately need those refunds to pay tuition or other bills.
But let’s put some of the blame where it rightly belongs: on the Washington politicians. For more than two decades, Congress has been expanding “tax expenditures” with little regard for how complicated such provisions might be for taxpayers to use and for the IRS to administer, let alone for whether they do enough good to justify their cost and the economic distortions they create. A new 1065-page Congressional Research Service compendium lists 250 different tax expenditures. Happy reading.
Every little break like this diverts IRS resources from actually collecting income taxes and makes the income tax a little less effective and useful. Yet Congress still sees the tax law as the Swiss Army Knife of public policy.
Jim Maule, Tax Depreciation: Do the Math:
No matter how well a student in the basic tax course masters the depreciation deduction to the extent it is studied, that student knows that the total depreciation with respect to a property cannot exceed its cost. All of the students would find themselves bewildered by the proposition that depreciation deductions on a property that cost $34,799 would total $56,000.
So was the Tax Court.
Tony Nitti, Golfer Sergio Garcia Comes Up Short In Tax Court, But Is The Decision A Victory For Other Athletes? He won on his endorsement royalty income, so while he may not have had an undisputed win, he did OK, like a PGA golfer who gets second-place prize money.
William Perez, Delays in Issuing Tax Refunds Related to Education Tax Credits
Going Concern, IRS Won’t Be Sorry If You Never Get Around to Claiming Your Refund. Over $900 million in 2009 refunds will be out of reach of their rightful recipients after April 15, when the 3-year window for claiming them expires.
Trish McIntire, Don’t Lose Your 2009 Refund
Paul Neiffer, Will Large Farmers Be Able to Use Cash Method in the Future?! Farmers should get the same tax rules and breaks everyone else does, no less and no more.
Kay Bell, Will a relationship neutral tax code save traditional marriage?. Not every problem is a tax problem.
Howard Gleckman, The Ideological Chasm Between the House and Senate Budgets
William McBride, Dave Camp Floats a Rewrite of Small Business Tax Rules (Tax Policy Blog)
Jack Townsend, U.S. Taxpayer Pleads to FBAR and Tax Perjury Violation
Brian Mahany, IRS Agent May Be Headed To Prison For Info Leak – Whistleblower Protection
Brian Strahle, State Tax Revenues: Corporate Income Tax Not That Important?
Oh, Goody. Applying for Obamacare Subsidies Will Be as Complicated as Doing Your Taxes (Megan McArdle)
Argo pay your taxes. It turns out Iowa isn’t the only government whose film tax credits attract scammers. From London comes this via Boston.com:
In some ways ‘‘A Landscape of Lies’’ was a typical indie film, with a tiny budget, a B-list cast and an award from an American film festival.
What made it special is that it was created solely to cover up a huge tax fraud.
…
In fact, officials say, the project was a sham, set up to claim almost 1.5 million pounds in goods and services tax for work that had not been done, as well as 1.3 million pounds under a government program that allows filmmakers to claim back up to 25 percent of their expenditure as tax relief.
No word on whether Leo Bloom prepared the fraudulent returns.
News you can use: Polish Up Your Guccis. (Christopher Bergin, Tax.com).
Will there be tax reform? I think there has to be. But I don’t think it will look like theTax Reform Act of 1986 because, in short, it’s not 1986, and we don’t have the same problems or even the same tax system. That doesn’t mean there aren’t a lot of lessons to be learned from the ’86 experience. But I don’t think tax reform will happen soon. And a few of the reasons I think that come right out of “Gucci Gulch.”
I have a copy of Showdown at Gucci Gulch, the book about how the 1986 tax reforms were enacted. I haven’t brought myself to open it; it seems too much like reading about my job.
TaxGrrrl, Arrest of Dancing Mascot Puts Liberty Tax Wavers In The Spotlight
He should have hidden the cash across the pond. Opening statements underway in Beavers tax evasion trial (WGNtv.com)
Tags: Anthony Nitti, Beavers, Brian Mahany, Brian Strahle, Christopher Bergin, film tax credits, Going Concern, Howard Gleckman, iowa tax policy, Jack Townsend, Janet Novack, Joseph Henchman, Kay Bell, maule, megan mcardle, Paul Neiffer, Quick and Dirty Iowa Tax Reform Plan, TaxGrrrl, Trish McIntire, William McBride, William Perez
Posted in Uncategorized | 1 Comment »
Wednesday, March 13th, 2013 by Joe Kristan
I will fight for the right to tax you to subsidize other people. Governor Branstad is touchy about criticism of the massive tax breaks for the Southeast Iowa Orascom fertilizer plant. Radio Iowa reports:
“I’m here to make it clear that the chief executive of this state is on your side and we will fight for these jobs and I want to make it clear that when we make a promise to Lee County — or to any county in Iowa for that matter — it’s a promise we’re going to keep, no matter what they might say in Des Moines in any committee meeting,”
Never mind the high possibility that the plant would have been built without our tax money. Never mind the moral problem of taxing existing businesses and taxpayers to lure and subsidize outsiders. Never mind that political allocations of investment capital are always and everywhere unwise. Forget the lost opportunities for taxpayers to spend the money on their own projects. Jobs!
The Governor also hinted at darker forces opposing the tax credits, reports KCCI.com:
And he said he believed the Koch brothers were behind some opposition to the plant because it would hurt their fertilizer business.
So Iowa Democrats opposing the subsidies are tools of the libertarian Koch brothers. Who knew?

The EITC is a refundable credit, which means the tax man writes checks to folks with no taxes. Naturally EITC fraud is rampant.
TaxGrrrl, Hundreds Of Thousands Of Taxpayers Thought To Be Impacted By Education Credit Snafu
IRS agent pleads guilty to charges resulting form selling out a whistleblower. Jack Townsend has the scoop.
Kay Bell, 2013 tax filing season gets crazier for some H&R Block, TurboTax customers
Jason Dinesen, Small Business Health Insurance Credit, Part 2
Elizabeth Malm, Texas Considering Drastic Modifications to Margin Tax (Tax Policy Blog). Good.
Patrick Temple-West, Yankees embrace frugality to dodge tax, and more. Who says taxes don’t influence behavior?
Jeremy Scott, Carl Levin Changed the Face of Tax Enforcement (Tax.com)
Howard Gleckman, Taxes and Paul Ryan’s Budget (TaxVox)
William Gale, A Carbon Tax is a Win-Win for the Economy and the Environment (TaxVox)
David Brunori, Things to Read, Sites to Visit. (Tax.com). He shares some online resources, but tragically fails to mention the Tax Update.
Peter Reilly, No Fans Of Sister Wives At The IRS ? As far as I’m concerned, the possibility of consolidated individual returns should be all the argument needed against polygamy.
The Critical Question: Why Is My Refund Short? (Trish McIntire)
News you can use. Note to Drivers: All Wheel Drive Does Not Give You Superpowers, Just a Dangerous Overconfidence (Megan McArdle).
So you think you’re having a bad busy season? It could be worse: Upstanding San Leandro Accountant Finds Himself on Oakland’s Most Wanted List. Going Concern has the news of law enforcement gone awry.
Tags: Branstad tax policy, corporate welfare, David Brunori, Earned Income Tax Credit, economic development, Elizabeth Malm, Going Concern, Howard Gleckman, Jack Townsend, Jason Dinesen, Jeremy Scott, Joe Bolkcom, Kay Bell, megan mcardle, Patrick Temple-West, Peter Reilly, TaxGrrrl, The Critical Question, Trish McIntire, William Gale
Posted in Eye on the Legislature, Eye on the Legislature 2013, Uncategorized | 1 Comment »
Tuesday, February 26th, 2013 by Joe Kristan
Close enough to zero. Monday Map: Corporate Income Tax Revenue as a Percentage of All State/Local Tax Revenue (Nick Kasprak, Tax Policy Blog):

IRS Field Attorney Advice: Bank must capitalize indirect costs of holding ”OREO” property under inventory capitalizetion rules. From FAA 20123201F (my emphasis)
Section 263A applies to property that is acquired for resale. If § 263A applies, the taxpayer must capitalize both the direct costs of acquiring the property and the property’s allocable share of indirect costs.
…
In this case, X clearly acquires OREO in foreclosure (or in lieu of foreclosure) with an intent to resell the property. Bank regulators restrict the holding period for OREO and expect banks to exercise good faith efforts to sell the property. As required by applicable state and federal policies and regulations, it is our understanding that X advertises its OREO properties for sale, including those properties which it rents out. X’s Year6 Annual Report confirms that assets acquired through (or in lieu of) foreclosure are held for sale. In addition, OREO is acquired and held in the ordinary course of X’s trade or business. X’s Year6 Annual Report acknowledges as much when it states that X may foreclose on and take title to properties securing loans “during the ordinary course of business.” X engages in OREO transactions with frequency, regularity, and according to an “OREO disposition strategy.” (Year6 Annual Report, p.17). Thus, the OREO held by X constitutes property held by the taxpayer primarily for sale to customers in the ordinary course of its trade or business.
“OREO” is “other real estate owned,” for you non-bankers. Bankers don’t care to hold much of that.
Joseph Henchman, Nebraska Governor Withdraws Tax Reform Proposal; Legislature Look to Commission to Develop Alternatives (Tax Policy Blog). But they aren’t giving up on tax reform. So should Iowa. The Quick and Dirty Iowa Tax Reform Plan is tanned, rested and ready!
Paul Neiffer, Must Have W2 Wages to Deduct DPAD. A hidden tax trap for the Schedule F farmer.
Great minds think alike:
TaxGrrrl, How Will Your State Be Impacted By Sequestration?
Kay Bell, How would your state fare under sequestration?
TaxProf, 3d Circuit Denies CARDS Tax Shelter. Another turn-of-the-century tax shelter fails.
Elaine Maag, Education Tax Credits Rival Pell Grant Program in Size: Reforms Proposed (TaxVox). The more you subsidize it, the more it costs.
Jeremy Scott, Taxing the Rich, Thenardier-Style (Tax.com):
But the influence of Les Miserables doesn’t just extend to the silver screen and stage. President Obama seems to be taking tax policy advice from the musical’s comical antagonist, Thenardier.
Well, that would explain many things.
Trish McIntire, Referrals – A Double Edged Sword.
Peter Reilly, What Were They Thinking ? Another example of the unwisdom of failing to remit payroll taxes.
Linda Beale, Private equity and real estate managers get a “costly and unjust [tax] perk”. Not really, but some people really hate carried interests.
Me: Identity theft tax fraud: women’s work?
Put the champaign back on ice. The Income Tax is NOT Turning 100 – Yet. (Joseph Thorndike, Tax.com).
One less metal home in town. Demise of Another Lustron House. (IowaBiz.com) These are funky steel houses, not mobile homes. They don’t build ‘em like that anymore.
Tags: Elaine Maag, iowabiz.com, Jeremy Scott, Joseph Thorndike, Kay Bell, Linda Beale, Lustron homes, Nick Kasprak, OREO, Paul Neiffer, Peter Reilly, Quick and Dirty Iowa Tax Reform Plan, TaxGrrrl, TaxProf, Trish McIntire
Posted in Tax Roundup | No Comments »
Thursday, February 21st, 2013 by Joe Kristan
I arrived from out-of-town late, so I’m off to a late start this morning, so the roundup is abbreviated today.
Russ Roberts, Why so many Americans pay no income tax. “I still think we should get rid of the payroll tax and raise income tax rates.”
TaxProf, Supreme Court Hears Oral Argument in PPL Corp. v. Commissioner, involving a foreign tax credit shelter.
Kay Bell, Travel tracking apps, website can help at tax time. Nothing says auto business logs have to be on paper.
Christopher Bergin, Leaving the IRS: A True Tax Pro (Tax.com) On the retirement of Deborah Butler.
Jim Maule, Tax Commercial’s False Facts Perpetuates Falsehood. If the ad’s error on the length of the Internal Revenue Code is the only thing wrong, that may actually be progress, sadly.
TaxGrrrl, Five Ways To Pay Your Taxes When You Don’t Have The Cash
Trish McIntire, OIC Calculator. When you absolutely, positively can’t pay.
William McBride, Bowles Simpson Call for More Taxes, More Growth
Patrick Temple-West, Sequester talks grow harsh, and more (Tax Break)
Sure the murder charges are serious, but don’t let them find out about the offshore bank accounts! Pistorius’ Brother and Lawyer Allegedly Removed Documents from the Crime Scene Related to Offshore Bank Accounts (Jack Townsend).
Paul Neiffer, Good News for Blackberry, Raspberry and Papaya Farmers. You know who you are.
A new Cavalcade of Risk is up at Nerd Wallet.
Today’s career tip: Bad Spelling Can Derail an Otherwise Promising Career in Fraud (Going Concern)
Tags: cavalcade of risk, Christopher Bergin, Going Concern, Jack Townsend, Kay Bell, maule, Patrick Temple-West, Paul Neiffer, Russ Roberts, TaxGrrrl, TaxProf, Trish McIntire, William McBride
Posted in Uncategorized | No Comments »
Wednesday, February 13th, 2013 by Joe Kristan
State of the union: raise taxes more. It will never be enough. If you think we don’t have a spending problem, or think we can solve it through “closing loopholes,” check out three charts gathered by Veronique de Rugy:



The President proposes nothing serious.
Breaking news from yesterday: Look for a Call to End Oil “Subsidies” in Tonight’s State of the Union (Andrew Lundeen, Tax Policy Blog)
Howard Gleckman, Obama’s State of the Union and the Great Deficit Smackdown (TaxVox)
How H&R Block guy got to write preparer regs. Civil Service! Tim Carney reports:
In 2009, the Obama administration hired Mark Ernst, the previous CEO of tax prep giant H&R Block, as IRS deputy commissioner. Ernst became a “co-leader” (in the words of an IRS spokesman) in drafting new regulations for tax preparers.
This seems to clash with President Obama’s executive order barring appointees from working on regulations directly affecting their former employers.
But thanks to a fine legal distinction, these rules didn’t cover Ernst. “Mark Ernst is a civil servant at the IRS; he is not a political appointee,” an IRS spokesman wrote me. “The Presidential Executive order on Ethics Commitments by Executive Branch Personnel only applies to political appointees.”
Nobody here but us chickens.
Jason Dinesen has a new installment about his client whose identity was stolen in the ID theft epidemic that really got rolling while the IRS was busy regulating preparers. “If you hired the best comedy writers and satirists in Hollywood, they couldn’t come up with a more farcical script about government ineptness.”
Speaking of government competence:
Not only will most farmers have to file after March 1, 2013 due to a delay in tax forms by the IRS, we now have an announcement that almost all form 1099s issued by the USDA for Natural Resources Conservation Services payments in 2012 are either wrong or were never issued.
via Paul Neiffer.
David Brunori, If You Hate or Love Excise Taxes Read this New Report:
A new working paper recently released by the Mercatus Center at George Mason University… finds that contrary to conventional wisdom, sin taxes are often not used to correct externalities but rather for general fund spending. My take on that is politicians don’t really care about externalities. They would like to raise money from people whose activities they despise. The report also found that the goal of “sin taxes” has changed from correcting market failures to protecting consumers from their own choices. That is, people are too stupid to run their own lives and they need help. Finally, the report finds that sin taxes are regressive, i.e., they punish the poor. Unfortunately, my liberal friends never get exercised over this issue. Maybe it’s as the great PJ O’Rourke surmised, liberals hate poor people.
If they would just not wear those icky Wal-Mart clothes and watch their weight, like they tell them to… (Tax.com)
Peter Reilly,Even Real Estate Salesman Has Trouble With Passive Loss Exception
Even accepting that he spent 520 hours working on his own properties, he still lost. Two of the properties were short-term vacation rentals and one was being readied for sale. The time spent on those properties could not be grouped with the time spent on properties dedicated to long term rentals.
As Peter notes, this becomes an even more important tax issue with the new 3.8% tax on “passive” income this year.
Kay Bell, When will you get your tax refund? Whenever
Trish McIntire, Child Tax Credit Delays
TaxGrrrl, Spammers Target Taxpayers Expecting Tax Refunds. If you get an email about your refund from the IRS, it’s not from the IRS.
Jack Townsend, Another Bull**** Tax Shelter Bites the Dust
Roger McEowen, Another Court Issues Ruling on Tax Impact of Demutualization.
Tax Trials, Second Circuit: Co-Op Owner Is Entitled to Casualty Loss
Patrick Temple-West, Navigating between tax avoidance and evasion, and more
Gene Steurle, Desperately Needed: A Strong Treasury Department (TaxVox)
Robert Goulder, La Bella Italia: Fast Cars & Loose Taxes (Tax.com)
Jim Maule, When Spending Cuts Meet Asteroids: The Value of Taxes. Taxes and spending can never be too high because, you know, asteroids!
The Critical Question. Minnesota’s Sexiest Accountant Contest: Cute or Creepy? (Going Concern)
Tags: Andrew Lundeen, David Brunori, Gene Steurle, Going Concern, identity theft, Jack Townsend, Jason Dinesen, Kay Bell, maule, Obama Tax Policy, passive losses, Patrick Temple-Wet, Peter Reilly, preparer regulation, Robert Goulder, Roger McEowen, Tax Trials, TaxGrrrl, The Critical Question, Tim Carney, Trish McIntire, Veronique De Rugy
Posted in Tax Roundup | No Comments »
Wednesday, February 6th, 2013 by Joe Kristan
Shock! David Osterberg doesn’t like the 4.5% flat Iowa Income tax proposal! State Tax Notes tracked down former Senate Candidate and Cornell College Econ Prof* David Osterberg for his views on the proposal to create a flat 4.5% income tax in Iowa alongside the current income tax. Not surprisingly, he doesn’t like it ($link):
The founder and executive director of the Iowa Policy Project said a Republican-sponsored House bill to create a flat personal income tax option would shift more of the tax burden to low-income residents.
But David Osterberg said he is not too concerned because he doesn’t think the proposal has a shot at passing the Senate, where Democrats hold a majority…The proposal is “part of this ideology that says we somehow have to take care of the top 1 percent and things will be good,” Osterberg said. “I don’t think low-income people believe that — we sure don’t.”
State Tax Notes also tracked down Tax Foundation Economist Elizabeth Malm:
“Iowa’s current income tax system has nine brackets, with rates ranging from 0.36 percent of income to 8.98 percent of income,” Malm said in an e-mail to Tax Analysts. “In 2012, this made Iowa the fifth highest top income tax rate in the country, among those states that levy PITs.”
Without additional information, Malm declined to say whether the plan is regressive. She did say, however, that the proposal would fail to simplify the tax code because it keeps the current system intact.
“I’m guessing the rationale behind allowing taxpayers to choose between the two systems is to ease concerns that the flat 4.5 rate would hit low-income individuals harder,” Malm said.
Wrong guess. The rationale is almost surely to avoid provoking the powerful lobby group Iowans for Tax Relief, which holds sacred the current Iowa individual deduction for federal taxes paid. Proposing the flat tax as an alternative, rather than a replacement, finesses that problem — but at the cost of adding more complexity. In this form, the flat tax is what I call an “Alternative Maximum Tax.”
*Disclosure: I once borrowed his shotgun at Cornell. It had dust bunnies in the tubes.
David Brunori, Who Pays? Who Cares? You Should (Tax.com):
No matter your views on government, there is no justification for asking the poor to pay more than the rich. I do not favor dramatically increasing the tax burdens on the wealthy, particularly income tax burdens. But there are a lot of policies that can be enacted that could even the playing field. Broader base consumption taxes, less reliance on excise taxes, and larger income exemptions for low wage taxpayers would go a long way.
None of these are incompatible with lower top tax rates.
Tracy Gordon, The Downside of States as Laboratories for Tax Reform (TaxVox)
Needed, but impossible. Tax Notes has a sad-but-true headline that brilliantly summarizes the state of our national tax policy: Urban Institute Panelists Agree Tax Reform Necessary but Unlikely. ($link)
Linda Beale, More on PTINs for previously unregulated tax return preparers:
We have seen considerable evidence of tax return preparers who do not understand the tax laws or who intentionally misapply them (in the home office deduction, etc.). It is imperative that those who assist others in preparing tax returns demonstrate minimal competency in the tax law as demonstrated by the qualifying exam.
The “qualifying exam” is open book — really more of a literacy test. The IRS can make preparers show they can read. They can’t make them competent. When you consider the Big 4 tax shelter scandals, and the hopeless complexity of the tax law, it’s funny to say that the problem is really “people who do not understand the tax laws.”
Peter Reilly, Future Baseball Commissioner Tackles Tax Laws As Complex As Infield Fly Rule
Tough tax return choice for 2012: Pay more now to save later? My new post at IowaBiz.com, the Des Moines Business Record Blog for Entrepreneurs, discussing whether maximizing 2012 deductions is really a good idea.
Jason Dinesen, Taxpayer Identity Theft — Part 12 . More Kafkaesque obstacles to resolving an identity theft for his client.
William Perez, IRS Provides Further Disaster Relief for Hurricane Sandy
Kay Bell, Tax Carnival #112: Super Bowl of Taxes
Jim Maule, Tax Ignorance As Persistent as Death and Taxes
Missouri Tax Guy: Missouri does not mail Form 1099-G. You have to get it online. One more little blow to tax compliance for small taxpayers.
Trish McIntire, Low Cost Tax Preparation Options
TaxGrrrl, U.S. Postal Service To Eliminate Saturday Delivery: Will It Save Tax Dollars? Next they’ll shut down the Pony Express.
Patrick Temple-West, Waiting on the phone for the IRS, and more (Tax Break)
Ellen Kant, William McBride, Super Bowl Tax Bill (Tax Policy Blog)
Russ Fox, Will the Third Time be the Charm for Appeals? A case where the “independent” IRS appeals function failed twice.
Howard Gleckman, Can the Income Tax Fund the Government We Want? (TaxVox). I can’t speak for “we,” but it could easily cover all of the government I want.
The Critical Question: Et Tu, Sarkozy? (David Goulder, Tax.com)
If they can spell their address, tax cheating should be easy for them: Massapequa Restaurant Owners Sentenced for Tax Fraud (Massapequa Patch).
Isn’t that conspiracy? Tax fraud: We have a plan, authorities say (Myfoxtampabay.com)
Screwed either way. Taxpayer Sues IRS, Claims Agent Coerced Him Into Having Sex to Avoid Adverse Audit (TaxProf).
But not hotirsagent.com? I guess there really are stupid easy ways to earn internet money. A Kansan found one, but then got in trouble by not paying his taxes. KFDI.com reports:
Dallen Harris, 39, pleaded guilty to one count of tax evasion. He reported a taxable income of a little more than $164,000 in 2010, when it was actually more than $1 million.
Harris’ income came from Internet domain names, according to court ecords from a related civil forfeiture case in federal court. The government is seeking to forfeit Harris’ houses, cars and bank accounts in that case. The domain names included celebritysextape.tv, adultkingdom.net, Porntesters.com, hardcorefilms.tv, celebritynakedpic.com and sextape.com.
No, I won’t link to any of those. It doesn’t sound like they need any help generating traffic anyway.
Tags: alternative maximum tax, David Brunori, David Goulder, David Osterberg, Elizabeth Malm, Ellen Kant, Howard Gleckman, iowa tax policy, iowabiz.com, Iowans for Tax Relief, Jason Dinesen, Kay Bell, Linda Beale, maule, Missouri Tax Guy, Patrick Temple-West, Russ Fox, TaxGrrrl, TaxProf, The Critical Question, Tracy Gordon, Trish McIntire, William McBride, William Perez
Posted in Tax Roundup | No Comments »
Monday, February 4th, 2013 by Joe Kristan
Not surprisingly, the judge who ordered the IRS to shut down its preparer regulation program declined to stay his order. The IRS asked James Boasberg, the U.S. District Court Judge who ordered the IRS to stop its preparer regulation program, to stay his order pending an appeal. The judge declined:
As the factors beyond likelihood of success do not decisively tilt in favor of the IRS — indeed, they tip somewhat against — the Court sees no basis to lift its injunction pending appeal. Nor does the Court believe it warranted to suspend the injunction for fourteen days to permit the IRS to seek a stay in the Court of Appeals. This would only lead to more confusion for preparers and their clients as the tax season gets underway. While nothing in this decision prevents the IRS from seeking such relief there, the Court sees no benefit of a brief stay while it does so.
So where do things stand? The IRS will be allowed to continue to administer the Registered Tax Return Preparer test and issue PTINs, but it cannot require RTRP tests or CPE, or collect fees for them. Whether the IRS will continue testing on a voluntary basis, or whether there will be takers, remains to be seen.
More coverage from TaxGrrrl: IRS Loses Big In Court (Again), Tax Season Chugs Along; and Russ Fox: IRS Loses Again to Institute for Justice.
You surely didn’t miss the 100th anniversary of the 16th Amendment yesterday. They had a football game and everything to observe it. The 16th Amendment, which gave rise to the current income tax, was ratified by Delaware on February 3, 1913, making it official. And yes, it is official. While some tax protesters insist that the 16th Amendment was never properly ratified, all the federal judges say otherwise — not to mention the folks at IRS, the U.S. Marshals Service and the Bureau of Prisons. So, in any way that matters, it’s official. Still, I can’t bring myself to say “Happy” anniversary.
More from Richard Morrison: 100 Years of the Federal Income Tax (Tax Policy Blog)
Iowa’s oldest judge, age 90, steps down. Ruth Klotz, a Polk County Probate Judge, remains respected by the lawyers I know who practiced in her court. Happy Retirement, Judge Klotz!
Paul Neiffer, Many States Are Delaying Farmer Filing Deadline
Jack Townsend, UBS Depositors Fail on Pleadings in Civil Case Against UBS
Kay Bell, Tips are taxable income
TaxGrrrl, Pay Taxes On Your Super Bowl XLVII Winnings? You Can Bet On It
Trish McIntire, Gambling 1099MISCs. They don’t make your winnings taxable, they just let the IRS in on the secret.
Patrick Temple-West, Early payouts of dividends, bonuses spur a windfall, and more (Tax Break)
Martin Sullivan, Is Aggressive Tax Avoidance Moral? (Tax.com). Strange question. If you are paid to maximize shareholder returns, is it moral to do less than your best to do so?
Rudy Penner, The Risks of Dumbing Down Fiscal Goals (TaxVox). It’s hard to think they could get any dumber than they are now.
Jim Maule, Looking Again at Tax and Political Ignorance:
The study’s conclusion is disheartening. The authors conclude that incumbents can get themselves elected by associating themselves with good news for which they ought not take credit because they are not responsible, support policies that generate good news for their districts even if they are bad for the nation, and to use rhetoric to distract voters from the incumbents’ histories.
Perhaps this will lead the good Professor to reconsider his preference for government solutions over market outcomes.
Linda Beale, Red state tax “reform” and “economic growth”
Robert D. Flach, JUST ONE MORE THING, HE SAID COLUMBO-LIKE
The Critical Question: The Devil Wears Prada, But Does Her Boyfriend Pay Taxes? (Robert Goulder, Tax.com).
What this country needs is a good 25-cent sneaker. Illinois Proposes 25-Cent Sneaker Tax (TaxProf)
It’s the little things. The mark of a true craftsman is attention to detail. Two Ohioans’ alleged failure to mind the details has led to trouble. From the Columbus Dispatch:
Roma L. Sims, 34, and Samantha C. Towns, 30, were arrested on Thursday and charged with aggravated identity theft, conspiracy and wire fraud for using the identities to file tax returns and rake in $1.3 million.
But they misspelled several cities when they listed return addresses: Louieville and Pittsburg, according to the criminal complaint. Those geographic goofs caught the attention of investigators.
So did misspelling some of the occupations they listed on the phony tax returns.
I bet they thought those spelling drills in grade school were pointless.
Tags: 16th Amendment, Institute for Justice, Jack Townsend, Kay Bell, Linda Beale, Martin Sullivan, maule, Patrick Temple-West, Paul Neiffer, preparer regulation, Richard Morrison, Robert D Flach, Robert Goulder, Russ Fox, tax crime, TaxGrrrl, TaxProf, The Critical Question, Trish McIntire
Posted in Tax Roundup | No Comments »
Wednesday, January 30th, 2013 by Joe Kristan
Why 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:

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
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/
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)
Tags: CBPP, Gongol, Howard Gleckman, iowa tax policy, Jack Townsend, Janet Novack, Jason Dinesen, Joseph Thorndike, Kay Bell, maule, megan mcardle, Patrick Temple-West, Quick and Dirty Iowa Tax Reform Plan, Robert Goulder, state tax policy, tax administration, Tax Foundation, TaxGrrrl, Trish McIntire, Veronique De Rugy, William McBride
Posted in Tax Roundup | No Comments »
Monday, January 28th, 2013 by Joe Kristan
Iowa is collecting more tax money than it is spending. Iowa House Republicans propose to give the money back as a one-time tax credit. The Des Moines Register reports:
The proposal would capture the state’s estimated $800 million budget surplus, divide it equally among the state’s income tax payers and issue an income tax credit to every taxpayer for his or her share. Senate Republicans said last week the credit amounts to $375 for individuals or $750 for couples who file jointly.
That means, for example, if a married couple’s state income tax liability was $1,000, they would receive a $750 tax credit, reducing the amount they were actually required to pay to $250. If a payer’s burden was less than $375, he would receive a credit equal only to his actual bill.
It’s a simple plan that treats the surplus as a non-recurring event. Unfortunately, there is nothing simple about Iowa’s tax law otherwise. I’d prefer to see it returned as part of a tax reform plan.
House Democrats prefer to spend the money, and the Governor wants some of it to fund his education reform plan. ISU economist David Swenson says the money should be run through the government:
Drawing on a statistical model that predicts economic impacts, he said $780 million in government spending could support roughly 2,000 more jobs than the same amount of spending by households.
Yes, the magical power of the government to transform your money into jobs. If we just gave the government infinite money, we’d get infinite jobs. If that worked, you’d think we’d have more jobs than ever, considering that Federal and state governments are spending more money than ever.

Link: Text of HF 1.
Tax Notes, Preparers in Limbo as IRS Shutters PTIN System After Loving Decision ($link):
Tax return preparers who just recently were rushing to get their preparer tax identification numbers from the IRS before it starts accepting 2012 tax returns on January 30 are in limbo after a federal district court enjoined the Service from enforcing requirements under the registered tax return preparer (RTRP) designation.
The IRS’s online PTIN system appears to be unavailable. People familiar with the system are uncertain why the IRS took it offline and what its unavailability means for the hundreds of thousands of potential PTIN registrants.
“From a practical point of view, [the IRS] has already shut the [PTIN] system down,” said Dan Alban of the Institute for Justice and the lead attorney for the plaintiffs in Loving v. IRS, No. 1:12-cv-00385 (D.D.C. 2013) “Whether they are legally required to do so is the question.”
Well done, IRS! Preparers are required to have a PTIN. The IRS apparently tied it’s PTIN software to the preparer regulation system overturned earlier this month. Another triumph for tax administration.
TaxProf, What’s FATCA Got To Do With It? Tina Turner Renounces U.S. Citizenship. It’s always easier for the wealthy to avoid the ridiculous paperwork the tax law imposes on Americans abroad. It’s the little jaywalkers that get shot to ensure the serious money-launderers get slapped on the wrist.
Andrew Mitchel has posted two videos explaining Form 5471. Think that sounds dull? If you fail to report your interest in a foreign corporation, the $10,000 fine will make it interesting.
Martin Sullivan, UK Conservative Policies in Trouble (Tax.com)
Brian Mahany, Tiger Woods and Tax Migration – The Wealthy Flee High Tax States (tax planning post)
Patrick Temple-West, Republican governors open new front in tax debate, and more
Paul Neiffer, AMT Causes a Few More Capital Gains Tax Rates!
Robert Goulder, The Pepperdine Papers: Advice for Obama’s Second Term (Tax.com)
Kay Bell, Deducting sales tax on your new car … or boat or airplane or home
Jim Maule, Tax Planning: A Chore That Never Sleeps. I think it works better if it does.
Trish McIntire, Who Do You Believe?. If your tax advisor contradicts your bar buddy on a tax issue, go with the tax advisor.
Dan Meyer, Will Tax Benefits Later Cost You Now?
Robert D. Flach, THE RESIDENTIAL ENERGY CREDIT IS BACK FOR 2012 (AND 2013)!
Joseph Henchman, Municipal Bankruptcies Since 1988. (Tax Policy Blog). He lists about 43.
Russ Fox, Cash and Carry Doesn’t Work for Strip Club Owner. I don’t think it’s allowed for the patrons either.
Worth a try. Shop Till Your Taxes Drop (TaxGrrrl)
Tags: Andrew Mitchel, Branstad tax policy, Brian Mahany, Dan Meyer, Joseph Henchman, Kay Bell, Martin Sullivan, maule, Patrick Temple-West, Paul Neiffer, preparer regulation, PTIN, Robert D Flach, Roburt Goulder, Russ Fox, TaxGrrrl, TaxProf, Trish McIntire
Posted in Eye on the Legislature, Eye on the Legislature 2013, Tax Roundup | No Comments »
Thursday, January 24th, 2013 by Joe Kristan

Tax Foundation graphic.
TaxProf, NY Times: it Is Time to Raise Taxes on Everybody — Including the Middle Class. Paul Caron links to a New York Times Op-ed:
To make ends meet, both parties agree, spending must be drastically cut. Under the White House budget proposal, discretionary spending on everything except the military is projected to shrink to its smallest share of the economy since the Eisenhower administration by the beginning of the next decade. Though he has resisted Republican demands to slash entitlements, President Obama remains willing to look for further savings from Medicare.
This is not, however, the only option we have. There is an alternative: raising more money from all taxpayers, including the middle class.
Nobody wants to talk about this. … Yet Americans would benefit from a discussion of this possibility.
It’s not true that “both parties agree” that spending must be drastically cut. It’s not clear that either party, as a whole, admits it, and at least one party remains in firm denial. The President’s campaign was all about spending money and sending the bill to the rich guy. Still, it’s nice that finally somebody at the New York Times admits that the rich guy isn’t buying. He can’t.
Janet Novack, As IRS Tax Filing Season Begins, Bad News For Honest Taxpayers. She
speaks with Taxpayer Advocate Nina Olson. The article has some depressing truth:
Customer service at the Internal Revenue Service is dismal and deteriorating. (Only 68% of telephone callers who wanted to talk to a human at the IRS last tax filing season eached one, and then only after an average 17 minute wait.) The epidemic of identity theft refund fraud hasn’t yet been contained. Hope for a major reform that might simplify the tax code is waning.
The article also has some serious nonsense about last week’s ruling shutting down the IRS preparer regulation power grab:
“If the injunction stands, the taxpayers of the United States will be grievously harmed,” IRS National Taxpayer Advocate Nina E. Olson told Forbes. “The practical effect of not having some kind of consumer protection for taxpayers going to return preparers is enormous. And I say that seeing all the return preparer fraud, and the return preparer negligence, and the return preparer inadvertent mistakes that happen.”
Enormous? More like what we did forever until two years ago. If anybody has evidence that last year’s tax preparers were significantly more accomplished and accurate than they were before the regulations, they haven’t shared it. And the idea that the RTRP literacy competency test and minimal CPE requirement would have changed that is silly.
Ms. Olson believes that depriving consumers of choices in preparers is in their interest because the diminished choices would be better. That flies in the face of all we know about regulation. The net result would be higher prices, driving more taxpayers to do their returns and driving some on the margins out of the system altogether, while sending more business to the big franchise tax prep outfits.
Robert D. Flach, TAX RETURN PREPARER REGULATION, LICENSURE, AND/OR CERTIFICATION. Robert’s magnum opus on how tax preparers should be regulated.
While I agree that having the Internal Revenue Service regulate tax preparers is not the best option – it is without a doubt a far superior option to having Congress legislate regulation. My opinion of the intelligence, competence, and ability, or rather lack of intelligence, competence, and ability, of the current members of Congress is well known.
The optimal source of tax preparer regulation/licensure/certification, whether mandatory or voluntary, would be an independent industry-based organization, not unlike the AICPA or ABA, such as the National Institute of Registered Tax Return Preparers that I have proposed.
Robert also calls me out:
As I have asked in response to Joe’s assertion, would you want a “casual” electrician wiring your kitchen, or a “casual” dentist filling a cavity, or a “casual” architect designing your home?
If I do, what business is it of anybody else? If I want to pay a talented handyman neighbor or cousin to install a ceiling fan for me, why is it anybody’s business? Why should he be not allowed to take my money just because he doesn’t have an electrician card from the Bureau of Electrical and Mortuary Science? As TaxGrrrl noted yesterday, occupational licensing is taking over the economy, and that’s not a good thing.
TaxGrrrl, With A Week To Go, IRS Talks Opening Day and Refunds
Cara Griffith, Have State Income Taxes Run Their Course? (Tax.com)
The corporate income tax is inefficient and a not sufficiently stable source of revenue for states. It should be eliminated. The individual income tax is likewise not a particularly stable source of revenue for states, and while counterintuitive, progressive tax systems do not work well at the state-level. Income redistribution, to the extent that it should be a goal at all, should not be undertaken at the state-level. So in a perfect world, yes, the state individual income tax should be eliminated as well.
Christopher Bergin agrees.
Good. Another bid to ban traffic enforcement cameras in Iowa. (O. Kay Henderson, via The Beanwalker). Traffic cameras are your local government’s most sincere way of showing their contempt for you.
Trish McIntire, Form 8332 and Fairness. How the IRS enables bitter ex-spouses.
Paul Neiffer, Why Imputed Interest Matters For 2013 (And Beyond)
Kaye A. Thomas, Another Demutualization Case
Robert W. Wood, Golfer Phil Mickelson Is Not Alone In Fleeing Taxes (Via Kerry Kerstetter)
Peter Reilly, Why Phil Mickelson’s Remark Was Really Dumb
Brian Mahany, Is FATCA In Trouble? Unfortunately, NO
Joseph Henchman, CBPP’s Misleading Chart on Debt Stabilization (Tax Policy Blog). A study in cherry-picking.
Jen Carrigan, Should Capital Gains Be Taxed Differently? (Guest post at The Missouri Taxguy blog).
Patrick Temple-West, Firms keep stockpiles of ‘foreign’ cash in U.S., and more
Tax Trials, District Court Decision Prevents IRS from Regulating Certain Tax Return Preparers
Kay Bell, Fiscal cliff tax provision could help stem fraudulent refund claims by prisoners
News you can use: Passing the CPA Exam While Billing Over 2500 Hours in a Year Is Way Harder Than Having a Baby. (Going Concern). Also less useful and not as smart.
Tags: Brian Mahany, Cara Griffith, Going Concern, Janet Novack, Jen Carrigan, Josehp Henchman, Kay Bell, Kaye Thomas, Kerry Kerstetter, Nina Olson, O Kay Henderson, Patrick Temple-West, Paul Neiffer, Peter Reilly, preparer regulation, Robert D Flach, Robert Wood, Tax Trials, TaxGrrrl, TaxProf, the rich guy's not buying, Trish McIntire
Posted in Tax Roundup | 1 Comment »