Posts Tagged ‘William McBride’

Tax Roundup, 4/2/14: CPA Revenge edition! And more.

Wednesday, April 2nd, 2014 by Joe Kristan

20140330-1Mutually assured destruction.  Accounting firm breakups can generate bad feelings.  Bad feelings can generate bad ideas — like filing bogus 1099′s on your erstwhile colleagues.  That went badly for an Ohioan in a U.S. District Court case reported in today’s Tax Notes ($link). 

When Waldman, Pitcher and Co. broke up, it wasn’t amicable. Lawrence Waldman felt ill-used by departing partners Kenneth Pitcher  and Michael Enders.  Some background from the District Court judge:

This case arises from the acrimonious break-up of the successful accounting firm Waldman, Pitcher, and Co., P.S.C. The individual parties in the present case were formerly partners in that firm. The break-up has spawned numerous related lawsuits, various audits by the Internal Revenue Service (“IRS”), numerous complaints of improper conduct to various professional oversight groups, and protracted contentious litigation of the present case.

Mr. Waldman apparently attempted to enlist the IRS in his fight, using an assignment of uncollected receivables in the break-up agreement (footnotes and other references omitted):

In January 2010, Waldman & Co. issued 1099-MISC forms to Pitcher and Enders personally for tax year 2009, for non-employee compensation in the amount of $111,535.00 for Pitcher and $13,260.00 for Enders. It is undisputed that Waldman and his company had not collected any of the AR/WIP money reflected on those 1099 forms (doc. no. 134, ¶¶ 18-19). Waldman was admittedly angry at Pitcher and Enders and has repeatedly characterized their departure as effectively “stealing” two million dollars from him. As a prominent and experienced CPA, Waldman was familiar with the matching program of the IRS and knew that issuing these 1099s to Pitcher and Enders personally would likely result in IRS audits of their personal income tax returns. Waldman & Co. benefitted by taking a corresponding tax deduction for the reported amounts.

The unhappy 1099 recipients fought back:

In February and March of 2010, Pitcher and Enders complained to the IRS’s Office of Professional Responsibility (“OPR”) that Waldman had issued 1099s containing information that Waldman knew to be inaccurate. They asserted that Waldman had done this “to exact a revenge that he couldn’t otherwise exact during our negotiations.” They filed similar complaints with the Accountancy Board of Ohio and Ohio Society of CPAs . Those groups declined to take disciplinary action against Waldman.

20120509-1It then got even uglier:

In February 2011, Waldman & Co. issued “corrected” 2009 1099s to the plaintiffs, reflecting “zero” for their nonemployee compensation. At the same time, he issued “corrected” W-2s to Pitcher and Enders reflecting increased amounts in Box 1 . For Pitcher, an additional $199,290.00 of reported income was included, reflecting the $111,535.00 for the accounts receivable assigned to KPE, $27,755 for the amount paid to KPE by Waldman & Co., and $60,000.00 for attorney fees paid by Waldman & Co. to plaintiffs’ attorneys… For Enders, an additional $13,260.00 was included, consisting of $13,260.00 for the accounts receivable assigned to KPE. Waldman & Co. took a tax deduction for the increased amounts listed on the corrected W-2s, even though such returns indicated that no federal income taxes had been withheld.

I suppose if you are going to make up compensation on W-2s, you may as well be consistent and deduct the pretend expense.

Much litigation later, the District Court ruled for the departing accountants Pitcher and Enders:

Given his education, knowledge, and business experience as a CPA, [Mr. Waldman] could not have reasonably believed that these information returns were proper to file. He filed these information returns “willfully” in order to obtain tax benefits and harass the plaintiffs. Despite having “settled” a previous lawsuit over the plaintiffs’ departure from the firm, Waldman was dissatisfied and stubbornly believed the plaintiffs had “stolen” two million dollars from him by leaving his firm with clients. In taking on the role of whistleblower, he deliberately misused the IRS reporting system.

A lot of good it did them.  They were each awarded $15,000 in damages, but not attorney fees:

In light of the unusually hostile litigation history between the parties, the Court observes that plaintiffs have certainly played a significant role in creating the bitter circumstances of this case. This case has also been marked by needlessly contentious discovery battles, repetitive briefing, and unfortunate personal attacks. In view of the animosity between the parties, the Court in its discretion declines to award attorneys’ fees to the plaintiffs. The Court is aware that, absent such an award, this may be a Pyrrhic victory for plaintiffs. Nonetheless, the Court is convinced that this is a just result under the unusual circumstances of this case.

It’s hard to believe that the plaintiffs came out ahead on this, especially when their time is taken into account.

The Moral: breaking up is hard to do, even for accountants.

Cite: Kenneth B. Pitcher et al. v. Lawrence Waldman et al., DC-SD Ohio, No. 1:11-cv-00148

 

20140307-1Jason Dinesen, Life After DOMA: Estate Tax   

Kay Bell, No April Fools’ joke: No capital gains taxes for some investors

William Perez, Extended Time for Choosing When to Deduct Colorado Flooding Losses

TaxGrrrl, Taxes From A To Z (2014): R Is For Royalties   

Leslie Book, What is a Fair CDP Hearing: Courts Push Back on IRS

 

William McBride, French Economist Wants Top Tax Rate of 80 Percent to Fix Inequality (Tax Policy Blog).  No, it’s not an April Fools joke, and some people who should know better take this serously.  The “French economist” is Thomas Picketty, who is big into the whole “inequality” hand-waving being used to distract us from our real problems.   The post illustrates the folly of the whole war on millionaires with this chart:

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He could have added that an increasingly progressive tax system has coincided with increasing inequality.

 

Howard Gleckman, House Republicans Punt on Tax Reform (TaxVox): “…it effectively turns its back on the tax reform plan drafted by Dave Camp, the GOP chairman of the House Ways & Means Committee.”

Tax Justice Blog, ITEP Predicts Illinois Tax Reform Debate…and Then Puts Crystal Ball Away

 

TaxProf, The IRS Scandal, Day 328

Name that Party!, tax edition.  Instapundit has a recurring gag poking fun at news stories of corrupt politicians whose political affiliation is left mysteriously unstated.  Here’s an example from the tax world: Gary councilman sentenced to prison.

 

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

Friday, March 28th, 2014 by Joe Kristan

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

 

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

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

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

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

 

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

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

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

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

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

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

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

TaxProf, The IRS Scandal, Day 323

Tax Justice Blog, Tax Cuts Fall Flat in Idaho

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

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

 

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

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

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

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

 

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Tax Roundup, 3/18/14: Now it gets serious. And: a foolproof plan goes awry.

Tuesday, March 18th, 2014 by Joe Kristan

 

Flicker image courtesy Michael Coghlan under Creative Commons license.

Flicker image courtesy Michael Coghlan under Creative Commons license.

OK, we’ve got all of the corporations done or extended.  Now it gets serious.

For the last several years, our 1040 practice has become more and more a three or four-week death sprint.  Most of our individual returns are business owners or executives, or their families.  That means most of them are waiting on K-1s.  Ever since the enactment of the reduced dividend rate, it has taken longer every year for brokerages to issue their 1099s.  It’s common for “corrected” 1099s to come out several weeks after the originals.  So it just takes longer for our clients to assemble their 1040 data.

While the start of the returns is delayed, April 15 is still April 15.  That means all of the most complicated returns hit in the four weeks after the corporate return deadline.  This isn’t good for many reasons — not least of which is that you don’t want a bleary-eyed tax pro helping you deal with big-dollar decisions, like the grouping options under the passive activity rules that kick in this year.

What I’m getting at: if your tax pro recommends an extension, don’t object.  This stuff is hard — if it wasn’t, you wouldn’t be paying someone else to do it.  You don’t want to risk an expensive mistake by rushing things.  There is nothing to the myth that extensions increase your risk of getting examined.  I have extended my own 1040 every year for 20+ years without an exam.   Errors, on the other hand, absolutely do increase your audit risk.

Your tax return is worth the wait.

 

Russ Fox, The Flavor of the Season

 

20140303-1Paul Neiffer, Real Estate Includes Land but Not For Depreciation Purposes.

William Perez, Alternative Minimum Tax

TaxGrrrl, Taxes From A To Z (2014): I Is For Internal Revenue Code

Leslie Book, Insider Trading and Forfeiture of Millions in Stock Gains Runs into Section 1341 and Issue Preclusion (Procedurally Taxing)

Janet Novack, Former Qwest CEO Could Score $18 Million Tax Refund For Forfeited Insider Trading Profits

Kay Bell, College bowl tax audits and Colorado pot taxes.

 

Marc Ward, Annual Financial Statements Must Now be Delivered to Shareholders:

One of the changes to the Iowa Business Corporation Act that went into effect this year is a new requirement that corporations deliver financial statements to their shareholders. These financial statements must include a balance sheet, an income statement and a statement of changes in shareholders’ equity.  The financial statements must be sent within 120 days of the end of the fiscal year.

I did not know that.

 

taxanalystslogoJeremy Scott asks, Would a Republican Senate Improve the Chances for Tax Reform? (Tax Analysts Blog):

Republican chances for retaking the Senate have improved… 

And that would be good for tax reform proponents, even those who don’t support GOP policies or want to see Republicans in office. Senate Democrats aren’t interested. And they aren’t going to work with a Republican House at all. Tax reform takes a lot of legislative groundwork, and right now at least, the GOP is the only party with any real interest in doing it.

There is, of course, another factor.  I don’t think President Obama will sign anything big coming out of a GOP Congress.

William McBride, Some Questions Regarding the Diamond and Zodrow Modeling of Camp’s Tax Plan. (Tax Policy Blog).

Eric Todor, Who Should Get the Tax Revenue from Apple’s Intellectual Property? (TaxVox)

TaxProf, The IRS Scandal, Day 313

 

Great moments in tax evasion.  A Texan who was worried about being sentenced to prison came up with an ingenious plan: hire someone to murder the sentencing judge.  Because then the court system would just forget about him, or something.

Somehow that plan went awry, and Phillip Ballard was sentenced to 20 years in federal prison yesterday for his trouble. Mr. Ballard is 72.  This will impact his retirement options.  (via Going Concern)

 

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Tax Roundup, 3/3/2014: For whom does the AMT toll this year? And Lois Lerner: will she or won’t she?

Monday, March 3rd, 2014 by Joe Kristan

Laura Saunders, Beware the Stealth Tax; How to minimize the damage of the alternative minimum tax:

…the AMT now applies to eight times as many taxpayers as it did 20 years ago, and common AMT “triggers” often are less esoteric than in the past. “They can be as simple as having three or more children, taking a large capital gain, or—especially—deducting state and local taxes,” says Dave Kautter, managing director at American University’s Kogod Tax Center, who studies the AMT.

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That’s pretty much what I see in our practice.  AMT is rare for taxpayers with income under $100,000, and usually occurs in large families.  It can be impossible to avoid AMT in the $200,000 – $500,000 income range, especially in a state with an income tax.  Above $500,000, it typically involves large capital gains.  Both AMT and regular tax have the same 20% tax on capital gains, and the AMT doesn’t let you deduct the related state income taxes, so the AMT will kick in.

 

Lois Lerner, ex-IRS, ex-FEC

Lois Lerner, ex-IRS, ex-FEC

Ann Althouse,  Who put “acute political pressure” on Lois Lerner “to crack down on conservative-leaning organizations,” and why did Lerner need a “plan” to avoid “a per se political project”?:

I think it must mean that it was a political project and they were hard at work figuring out how to make it not look like what she knew it was. That’s a smoking gun.

Phony scandal.  Nothing to see here…

TaxProf, The IRS Scandal, Day 298

WSJ, No Change: Former IRS Official to Take the Fifth.  “A lawyer for former Internal Revenue Service official Lois Lerner said Sunday that she will decline to testify about IRS targeting of grass-roots conservative groups, contradicting a top GOP lawmaker.”  Presumably because there’s not a smidgen of wrongdoing.

 

TaxProf, Mulligan: ObamaCare’s Multiple Taxes Are Shackling the Job Market.  The TaxProf quotes from the University of Chicago’s Casey Mulligan: 

Once we consider that the new law has an employer penalty, too, the labor market will be receiving three blows from the new law: the implicit employment tax, the employer penalty and the implicit income tax. Regardless of how few economists acknowledge the new employment tax, it should be no surprise when the labor market cannot grow under such conditions.20140106-1

It’s funny how the same people can argue for high tobacco taxes to curb smoking insist that employment taxes won’t curb hiring.

 

Jason Dinesen,  Accounting for the 0.9% Medicare Surtax on Iowa Tax Returns

Kay Bell, Delayed Tax Refunds, TC 570 And An Important Distinction .  Don’t jump to conclusions about your delayed refunds.

William Perez, Resources for Filing Corporate Taxes for 2013.  “March 17th, 2014, is the due date for filing corporate tax returns.”

 Kay Bell, 5 ways to maximize tax-deductible business entertainment

Russ Fox, Former Chairman of Woodland Park, NJ Democratic Committee Bribes His Way to ClubFed

Jack Townsend, IRS CI Is Looking at Renunciations of Citizenship Just in Case .  Looking to take one last shot at the fleeing jaywalkers.

 

Jim Maule, Find Some money, Pay Some Tax:20131017-2

Every now and then we read of someone finding something valuable. This time, it’s a California couple who found a stash of gold coins on their property. According to this story, the couple found eight cans containing 1,400 coins, valued at approximately $10 million.

The joy of the moment is tempered, of course, by the existence of income taxes, both federal and state. Must the couple pay tax? Yes. The value of the coins is included in the couple’s gross income. It is ordinary income. The law is settled. 

Easy come, easy go…

 

Martin Sullivan, The Beginning of the End of Tax Reform (Tax Analysts Blog):

Enactment of the research credit in 1981 was the antithesis of simplification. It has a highly complex incremental structure and, even more problematic, it assigns tax directors and IRS agents the impossible task of distinguishing research from ordinary business expense. The Camp draft retains the credit and eliminates expensing. The opposite approach would be more sensible.

The research credit study industry is full of former Congressional staffers who like things the way they are.

William McBride, Scott Hodge, Top Line Assessment of Camp’s Tax Reform: Increases Progressivity and Taxes on Business and Investment (Tax Policy Blog):

In general, Camp simplifies and lowers tax rates for many taxpayers and businesses, but does so through a net tax increase on businesses and taxpayers earning over $200,000. As a result, the plan makes the individual tax code even more progressive, it increases the amount of redistribution from high-income taxpayers to other taxpayers, and it worsens the current bias against saving and investment—all of which will be a drag on long-run economic growth.

It looks more and more like the Camp plan was a false move.

William Gale, Dave Camp’s pitch to overhaul U.S. taxes: An impossible dream? (TaxVox)

 

It’s getting real in New Jersey, according to the London Daily Mail online:   ‘Ready to plead guilty’: Teresa and Joe Giudice set to reach plea deal on 41 charges of fraud and tax evasion.  If they were cheating on taxes, becoming national celebrities could have been a bad move.

 

 

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Tax Roundup, 2/26/14: House tax reform plan expands cash basis, boosts 179 limits. And: $133 million employment tax theft.

Wednesday, February 26th, 2014 by Joe Kristan

Cash basis expansion, permanent Section 179 increase highlight Camp tax reform plan.  The GOP House tax leadership has released their tax reform draft, nicely rounded-up by the TaxProf.  The plan would lower top individual and corporate rates to 25%, while making big changes in business taxation.

They have released two alternate plans for small business taxation.  One plan would tweak S corporation and partnership taxation, making elections easier and easing S corporation penalty taxes.  The other draft would do away with the current pass-through regimes and replace them with a single pass-through tax system.

The Camp draft would also greatly expand the availability of cash method accounting:

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I’m not sure how I feel about this.  I do like getting rid of the special rules for farmers and letting everybody have the same opportunity.  I less like the rule giving unlimited cash basis for sole proprietorships, as that would encourage people to keep things on their schedule C for tax reasons even if it is a bad structure otherwise.  Do we really need to preserve cash basis for a $100 million schedule C or Schedule F operation?  If something is that big, the “simplicity” argument doesn’t make sense.

I’m all for getting rid of the Section 263A stuff.

While I doubt that anything will happen with tax reform this year, there is a real possibility that things will start moving after the 2014 elections.

William McBride, Four Things to Look for in Chairman Camp’s Tax Reform Plan (Tax Policy Blog)

Renu Zaretsky, McConnell Throws Cold Water on Camp’s Tax Plan (TaxVox)

 

 

EFTPSTexans sentenced in massive PEO employment tax theft.  From Breitbart.com:

Federal prison sentences were recently handed down to three businessmen by Chief District Judge Fred Biery. The three defendants – John Bean, Pat Mire, and Mike Solis – are going to prison for their roles in a $133 million scheme involving numerous co-conspirators. The FBI and IRS conducted the investigations for the case, which is believed to be the largest criminal tax related case ever prosecuted in western Texas.

Bean and Mire both pled guilty to money laundering and mail fraud conspiracy charges. Solis plead guilty only to a mail fraud conspiracy charge.

The defendants admitted that from 2002 to 2008, they stole more than $133 million from clients of several of the Professional Employer Organizations (PEOs) that they owned and operated.

PEOs actually report client employees as their own, issuing W-2s and filing employment tax returns.  The danger of PEOs is that employers have no way to be sure their employment taxes are being deposited.  If the PEO is stealing them, the IRS will come back to the employers to collect.

With a non-PEO payroll service, the payroll tax returns are prepared for employers, who issue and sign them.  More importantly, non-PEO employers can go online using the Electronic Federal Tax Payment System and verify that their payroll taxes are being paid.

 

Lois Lerner, ex-IRS, ex-FEC

Lois Lerner, ex-IRS, ex-FEC

TaxProfThe IRS Scandal, Day 293.  Among the items in his daily scandal roundup is a Wall Street Journal editorial, Liberals vs. the IRS: Even the Left Doesn’t Want the Tax Man Regulating Speech:

In the Nation magazine, Nan Aron of the liberal judicial lobby the Alliance for Justice writes that 501(c)(4)s aren’t merely groups like Karl Rove’s Crossroads GPS, but are “made up of over 86,000 mostly small organizations nationwide” that are active participants in civic life.

“They weren’t invented in the last election cycle; they’ve been around for generations. Their purpose isn’t to hide donors, it’s to advance policies,” Ms. Aron adds. “These groups are involved in elections, because it’s often impossible to advance a policy cause without being involved in the political process.”

There’s no principle that would justify suppressing political rights of 501(c)(4) outfits that can’t apply equally to other exempt outfits.  Furthermore, there’s no real reason to impose taxes on political outfits.  The answer to speech you don’t like is more speech of your own, not suppressing what you don’t want to hear.

TaxGrrrl, IRS Proposed Rules For Nonprofits Alarm Conservatives and Liberals Alike   

 

IRS fights ID theft with one hand, helps it out with the other.  From PC World:

This tax season you may have more to worry about than how much you owe. A new study from Identity Finder finds the IRS is not properly protecting social security numbers in some tax returns…

The research revealed an alarming failure to safeguard sensitive data. Identity Finder uncovered an estimated 630,000 Social Security numbers exposed online in form 990 tax returns.

The most affected group were tax preparers–many of which used their personal SSN rather than their PTIN (preparer tax identification number). However, directors, trustees, employees, donors, and scholarship recipients were all impacted as well. 

It’s fair to point out that preparers have some responsibilty — they are often including SSNs unnecessarily, especially their own.  But that doesn’t excuse the IRS.

 

uni-logoSome UNI workers filing taxes finding Social Security numbers have been used (WCFcourier.com):

According to UNI officials, more than 20 employees have received “error” messages when filing their individual tax returns online, and their returns were rejected. Others who have yet to file say they called the Internal Revenue Service and found their Social Security numbers had been used. One person reportedly received a refund check at home from the IRS though they hadn’t filed a return yet.

UNI officials are playing down the possibility of identity theft, but that’s how I’d bet.  Any organization that collects social security numbers needs to be very careful with them, restricting access and shredding documents on disposal.

Jack Townsend, Stolen Identity Refund Fraud in the News

 

William Perez, Reporting Social Security Benefits

Kay Bell, Don’t fall prey to the Dirty Dozen tax scams of 2014

David Brunori, Great Opportunity for Tax and Public Finance Students (Tax Analysts Blog). “We are conducting our first student writing competition. You should encourage students who have written quality papers to submit them to studentpapers@tax.org.”

 

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Tax Roundup, 2/24/14: WSJ highlights tax season ID theft. And: Shock! Film Tax Credit Corruption!

Monday, February 24th, 2014 by Joe Kristan
The "Chromaro" purchased with ID-theft frauds by a Florida thief.

The “Chromaro” purchased with ID-theft frauds by a Florida thief.

The Wall Street Journal covers identity theft today: “Identity Theft Triggers a Surge in Tax Fraud”   It seems to be designed to tell what a great job the authorities are doing to fight the problem.  It’s nice that they’re stepping up the efforts, but the time to do that was four years ago, when the problem started exploding.  But the IRS was too busy with its attempt to regulate practitioners to be bothered with keeping billions from going out the door to two-bit grifters.  The article refers delicately to the grifters:

The scam, which involves repeatedly filing fake tax returns electronically and receiving refunds within days, is so enticing it is attracting suspects not typically associated with white-collar crime. On Friday, two members of an alleged crack-dealing gang in Miami were indicted on charges they also ran a tax-refund scam on the side. Suspects typically steal lists of names and Social Security numbers. Then they file large numbers of electronic returns claiming refunds, and can start getting money before investigators spot the fraud.

The story notes that stealing from the taxpayers is only part of the damage caused:

The crime creates two victims—the U.S. Treasury and individual taxpayers, who only learn of the fraud when they try to file their legitimate returns. Those taxpayers are stuck with the hassle of proving to the IRS that the previous document was a phony claim.

And the process can drag over years, as an ID-theft victim who works with Jason Dinesen would attest.   It’s a disgrace that the IRS has done so poorly at preventing ID theft, and it is doubly disgraceful that they don’t do a better job helping the victims of IRS negligence.

For your part, don’t help the ID thieves.  Never disclose your social security number.  Keep your tax information secure.  Don’t transmit your social security number in an unencrypted email.  If you want to transmit tax documents electronically, don’t send them as an email attachment.  Use a secure file transfer site, like our FileDrop site.

 

haroldDon’t let the door hit you.  ‘House of Cards’ threatens to leave if Maryland comes up short on tax credits (Washington Post, via Politico):

A few weeks before Season 2 of “House of Cards” debuted online, the show’s production company sent Maryland Gov. Martin O’Malley a letter with this warning: Give us millions more dollars in tax credits, or we will “break down our stage, sets and offices and set up in another state.”

That’s the problem with paying people to be your friend.  The price only goes up. In California, the film credit scam industry may be losing a friend, according to Capital Public Radio: Calderon Indicted On Fraud, Bribery Charges:

The Department of Justice announced Friday that State Sen. Ron Calderon (D-Montebello) is facing 24 federal charges including bribery, wire fraud and money laundering. U.S. Attorney Andre Birotte said Calderon solicited and accepted $100,000.

“Ron Calderon, we allege, took the bribes in return for official acts. Such as, supporting legislation to those that would be favorable to those that paid him bribes and opposing legislation that would harmful to them. The indictment further alleges that Calderon attempted to convince other public officials to do the same.”

~Andre Birotte, U.S. Attorney

The legislation centered on a potential film tax credit and regulation of medical billing. Calderon is accused of accepting cash, trips, dinners and jobs for his children.

I think film tax credits, and all incentive tax credits, are fundamentally corrupt, as they provide better treatment for the well-connected at the expense of everyone else. In Iowa, though, they were able to rely on credulous legislators, without resorting to bribes.

Russ Fox, California State Senator Ron Calderon Indicted on Bribery & Tax Charges.  “Mr. Calderon is facing a maximum of 396 years at ClubFed if found guilty on all charges.”

 

premier.gov.ru [CC-BY-3.0 (http://creativecommons.org/licenses/by/3.0)], via Wikimedia Commons

premier.gov.ru [CC-BY-3.0 (http://creativecommons.org/licenses/by/3.0)], via Wikimedia Commons

A victim of politically motivated tax prosecution goes free in Ukraine: Freed Ukrainian ex-PM Tymoshenko rallies protesters (CBC).  She had been imprisoned on politically-convenient tax charges by the toppled would-be dictators there.   With the complexity of the tax law, it is way too easy to indict somebody.  That’s why IRS partisanship is so dangerous.

And yes, it can (and has) happened here.

 

 

 

William Perez has the scoop on Reporting Investment Income and Expenses

Jana Luttenegger, Taxing Olympic Winnings.  (Davis Brown Tax Law Blog) Not a problem for the hockey team.

Kay Bell is right when she says Report all your income even if you don’t get a 1099.  The 1099 is a useful reminder, but income doesn’t become tax free if you don’t get one.

TaxGrrrl, IRS Processing Returns, Refunds Faster Than In 2013.

Roberton Williams notes An Updated Marriage Bonus and Penalty Calculator at TaxVox.

 

 

William McBride, Empirical Evidence on Taxes and Growth: A Response to CBPP (Tax Policy Blog).  The Center for Budget and Policy Priorities has never met a tax increase it doesn’t like, as if there never is a point that giving the mule more to carry slows it down. The McBride post mentions an often-overlooked aspect of our government spending:

The thing is in reality the federal government spends only a small fraction of its budget on public investments, such as roads and airports, and instead spends most of the budget on transfer payments, such as social security and healthcare. Transfer payments are unproductive and even harmful to economic growth, according to most studies. So in practice, income taxes mainly go to transfer payments, and this deal is a clear economic loser, according to the IMF and most academic economists. 

Some folks, like Jim Maule, act like any complaint about the level of government spending and taxes means you are against roads, courts and public order — when most of what the government does is takes money from some people and gives it to other people.

 

Jack Townsend, U.S. Authorities Focus on Swiss Insurance Products Used to Hide U.S. Taxpayer Assets and Income

TaxProf, The IRS Scandal, Day 291

The Critical Question.  Sylvia Dion CPA Asks – Where Are The Women? (Peter Reilly)

Going Concern, The Ten Stages of Busy Season.  “You begin to hate every single human being in your office”

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Tax Roundup, 2/5/14: Tax Credits do it all! And: advice from a champion.

Wednesday, February 5th, 2014 by Joe Kristan
The income tax, the Ultimate Swiss Army Knife of public policy.  Flickr Image courtesy redjar under Creative Commons license.

The income tax, the Ultimate Swiss Army Knife of public policy. Flickr Image courtesy redjar under Creative Commons license.

Tax Credits! Is there nothing they can’t do?  Bill offering tax credits to rehab abandoned public buildings advances (Jason Noble, Des Moines Register):

House Study Bill 540 adds abandoned public buildings to the list of properties eligible for tax breaks under the state’s Redevelopment Tax Credits program, meaning businesses or nonprofits could obtain state aid for such projects as they currently can on renovations of industrial or commercial properties.

It’s an idea that Gov. Terry Branstad highlighted in his Condition of the State Address last month, and appears to have bipartisan support.

This is a back-door appropriation to help out school districts and local governments, but running it through tax return hides it from those pesky taxpayers who foot the bill.  As with Congress, the Iowa General Assembly sees the tax law as the Swiss Army Knife of public policy.

 

20121120-2Arnold Kling exposes the vastness of the Right Wing Conspiracy:

The Congressional Budget Office, a Koch-funded organization known to be affiliated with the Tea Party, writes,

CBO estimates that the ACA will reduce the total number of hours worked, on net, by about 1.5 percent to 2.0 percent during the period from 2017 to 2024, almost entirely because workers will choose to supply less labor—given the new taxes and other incentives they will face and the financial benefits some will receive.

A conspiracy so vast…

 

James Schneider, guest-posting at Econlog, discusses why we pay our taxes in  The Sucker Tax:

Imagine a state of anarchy (a lack of government not a house full of boys). An evil genius announces that he will impose a sucker tax. Everyone will be taxed ten dollars, and the proceeds will be redistributed back to all the citizens in equal shares without reference to who paid the tax. In a certain sense, this tax maximizes unfairness. It serves no other purpose than to punish people in direct proportion to how much of the tax they paid. To make tax compliers feel even more ridiculous, the evil genius announces that he will make no effort to punish “tax cheats.” A fair outcome of the game requires that there be no suckers. This will occur if everyone evades the tax. However, it will also occur if everyone pays the tax. Under this scenario, you probably wouldn’t pay the tax (even if you believed in fairness) because you would assume that no one else was going to pay the tax.

Now imagine that the evil genius announces that unless everyone pays the tax one person will be punished.

Read the whole thing.  I especially like this: “Compliance does not mean consent.”

 

20121220-3TaxGrrrl, Baby, It’s Cold Outside: Surviving The Winter With Some Tax Help From Uncle Sam

Paul Neiffer considers One Possible Section 179 Strategy. A reader asks Paul, “Should I wait to buy section 179 property until the date 179 property is raised from $25,000 to whatever?”  He has a way for farmers to plan around the uncertainty.

William Perez, Filing Form 1040A May Help Parents Qualify for the Simplified Needs Test.  For college financial aid.

Jason Dinesen asks, Why Doesn’t the IRS Push the EA Designation?:

The IRS already oversees the EA program. There’s no new infrastructure to put in place. No new exams to create. The infrastructure and exams already exist.

Yet throughout the IRS’s ill-fated attempts at creating the “Registered Tax Return Preparer” designation, the IRS rarely mentioned the EA program, except as a side note of “CPAs, EAs and attorneys are exempt from the RTRP testing.”

I think it’s because it would be inconvenient to their efforts to regulate all preparers.

 

Lois Lerner, ex-IRS, ex-FEC

Lois Lerner, ex-IRS, ex-FEC

Peter ReillyThe Dog That Did Not Bark – IRS Issues Adverse 501(c)(4) Rulings To Deafening Silence:

An interesting question about the whole scandal narrative is how it would look if it turned out that many of the groups that the IRS “targeted”  were in fact inappropriately claiming 501(c)(4) status.  Tea Party Patriots Inc, for example, spends a lot of energy talking about how all those intrusive questions were harassment, but what if it turns that, in fact, all those phone calls that TPP Inc made telling people that November 2012 was the last chance to stop Obamacare from turning the country into a cradle to grave welfare state could be viewed as political? 

I think Peter is missing the point.  The issue isn’t whether every right-wing group qualified under the standards historically used for 501(c)(4) outfits.  It’s whether the rules were selectively enforced against right-side applicants —  as seems to be the case.   After all, it wouldn’t be OK to examine 1040s of only Republicans even if it turned out some of them were tax cheats.

 

TaxProf, The IRS Scandal, Day 272

 

David Brunori, Casino Taxes for Horses or Children? (Tax Analysts Blog):

Horse racing has been a dying sport since Nathan Detroit bet on a horse named Paul Revere in Guys and Dolls. In Pennsylvania, the schools are broke. So naturally, when governments need money, they turn to a moribund pastime to pay the bills. 

For the children!

 

William McBride, New CBO Projections Understate the Average Corporate Tax Rate. “Particularly, the CBO is using as their corporate tax base measure domestic economic profits from the BEA, which includes both C and S corporations, even though S corporations are pass-through entities not subject to the corporate tax.”  Well, that’s just nuts.

Tax Justice Blog, Gas Tax Remains High on Many States’ Agendas for 2014

 

Joseph Thorndike, Debt Limit Debates Are Good for Theater, Not For Policy Reform. (Tax Analysts Blog)

Jack Townsesnd, TRAC Posts Statistics on Criminal Tax Enforcement Related to IRS Referrals   “[A] surge in IRS criminal investigations referred under Obama has fueled an increase in the number of cases prosecuted.”

 

Answering the Critical Question: What Kids Peeing in the Pool Can Teach Us About Tax Compliance (Leslie Book, Procedurally Taxing)

News from the Profession: McGladrey Interns Are Busy Learning Their Colleagues Are Boring, How to Use an Ice Cream Truck (Going Concern)

 

Nice Work, Champ.  It’s funny how hard it can be for some people to heed their own good advice.  Take this North Carolina man:

Prosecutors said Larry Hill, who coined himself “the people’s champ” for his efforts to keep local children out of trouble, didn’t live by his own message and that his case represented “disturbing hypocrisy.”

In a YouTube clip posted in November 2012, Hill says, “I want all my young people to think before you act. Trouble is too easy to get into, and once you get into trouble, you’ll be all by yourself.”

Federal Judge Earl Britt sentenced Hill to 100 months in prison for conspiracy to defraud the U.S. government and 18 months for filing false tax returns.

If it’s any comfort, Mr. Hill will have plenty of company where he’s going.  But he will have to get used to a more spartan existence:

The judge agreed to the lower sentence of 100 months but said Hill deserved the “most severe punishment to reflect the seriousness of the offense,” pointing out that Hill used much of the money to buy himself expensive jewelry and cars, including a Maserati. The judge also noted that Hill was on supervised release from an insurance fraud prison term when he committed the tax fraud.

That doesn’t make his advice any less sound:

He should follow it sometime.  Russ Fox has more on Mr. Hill.

 

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Tax Roundup, 12/18/2013: Have you made your College Savings Iowa gift? And: la loi, c’est IRS!

Wednesday, December 18th, 2013 by Joe Kristan


csi logo
Year-end is sneaking up on us.
 So it doesn’t catch us completely unawares, the Tax Update will provide a year-end idea each day through December 31.  Today we pass on a reminder that Iowans can deduct contributions to College Savings Iowa, the state’s Section 529 college savings plan, on their Iowa 1040s — but only if they fund their contributions before year-end.  From the State Treasurer:

Contributions to College Savings Iowa must be made by the end of the year to qualify for the 2013 Iowa state tax deduction. Account holders can deduct up to $3,045 for each open account and can contribute online at www.collegesavingsiowa.com.* Contributions sent by mail must postmark checks by December 31, 2013.

College Savings Iowa lets anyone – parents, grandparents, friends and relatives – invest for college on behalf of a child.  Investors do not need to be a state resident and can withdraw their investments tax-free to pay for qualified higher education expenses including tuition, books, supplies and room and board at any eligible college, university, community college or accredited technical training school in the United Sates or abroad.

It’s a great way to help your kids start out in life without a big student loan.

William Perez is doing yeoman’s work on year-end planning at his place; today he has Donating Cash to Charity at Year-End.  

Kay Bell offers Donating appreciated assets to your favorite charity

 

45R credit chartLa Loi, C’est IRS.  It’s not surprising that the IRS would disregard mere vendor rules when it believes it can pass out tax credits to taxpayers who clearly don’t qualify.  That’s exactly what they did yesterday when they announced that it will allow the (ridiculously complex) Sec. 45R small employer health insurance credit in Washington and Wisconsin in 2014, even though those states won’t have the required “Small Business Health Options Program” exchange in place.

The Code clearly requires allows the credit only to employers buying through the exchange starting in 2014, but the IRS has granted “transition relief” waiving that requirement.  Heck, why not just grant the credit to anybody who just has “health” next year.  You know, as a transition rule.

 

No.  Is Obamacare Really an Improvement on the Status Quo?  (Megan McArdle).  “Bob Laszewski, an insurance industry expert who has become the go-to guy for the news media on the rollout of the Patient Protection and Affordable Care Act (because the insurance industry is extremely reluctant to talk), tells the Weekly Standard that he thinks come Jan. 1, more people will have lost private insurance than gained it…”

 

William McBride, Economists Find Eliminating the Corporate Tax Would Raise Welfare (Tax Policy Blog).  That’s why the Tax Update’s Quick and Dirty Iowa Tax Reform Plan does just that.

 

 

TIGTALeft hand, meet right hand.   The Treasury Inspector General for Tax Administration reports “IRS Vendors Owe Hundreds Of Millions Of Dollars In Federal Tax Debt“:

Federal law generally prohibits agencies from contracting with businesses that have unpaid Federal tax liabilities.

TIGTA reviewed the IRS’s controls over the integrity and validity of vendors receiving payments from the IRS, including the vendor’s tax compliance and suspension and debarment status. TIGTA also reviewed controls over the IRS’s Vendor Master File (VMF), which contains information about vendors that enables them to do business with the IRS.

The vast majority of vendors that conduct business with the IRS meet their Federal tax obligations. However, TIGTA found that 1,168 IRS vendors (7 percent) had a combined $589 million of Federal tax debt as of July 2012, the most recent data for which information was available at the time TIGTA conducted the review. Few of the vendors had a current tax payment plan.

That means the IRS breaks its own rules in dealing with about one out of 15 of its vendors — another instance where the IRS breaks the rules with no consequence.  A “Sauce for the Gander” rule, one that would penalize IRS personnel who break rules just like they do for taxpayers, might help here.

 

Sometimes the IRS gets it right.  IRS Provided Some Good Tips this Morning (Russ Fox)

 

Tony Nitti, Tax Geek Tuesday: Profits Interests, Capital Interests, And Restricted Property:

 

In Crescent Holdings v. Commissioner 141 T.C. 15 (2013), the Tax Court doled out three lessons every tax advisor con learn from:

 

  1. How to differentiate between a profits interest and a capital interest in a partnership.

  2. Section 83 applies to the grant of a capital interest,

  3. If a capital interested in a partnership has not yet vested under the meaning of Section 83, the recipient should not be allocated any undistributed income from the partnership.

  4. The income allocable to an unvested capital interest granted by a partnership must be allocated to the remaining partners of the partnership.

Good stuff.

 

TaxProf, Billionaires’ Use of Zeroed-Out GRATs Blows $100 Billion Hole in Estate Tax.  Paul Caron quotes a Forbes article.

Jack Townsend, Raoul Weil Has First U.S. Court Appearance

TaxGrrrl, 12 Days Of Charitable Giving 2013: Sow Much Good

 

 

Robert D. FlachWOULDN’T IT BE NICE.  He discusses the new IRS Commissioner nominee and asks,  “Wouldn’t it be great to have a person who had actually prepared tax returns for a living in the position?”  What, and have somebody who actually knows something?

20131211-1Robert has a thing about the Tea Party, but I suspect even he would Follow the Tea Party on Stadium Financing Issues (David Brunori, Tax Analysts Blog):

The Atlanta Braves are planning to move their stadium to the suburbs. The Braves blackmailed, threatened, and coerced the backboneless politicians in Cobb County, Ga., to pay for the stadium… As far as I can tell, the only organization to have put up any fight against this insane corporate welfare is the Atlanta Tea Party.”

When the Tea Party movement sticks to the fight for smaller government, there’s a lot to like there.

 

 

Tax Justice Blog, Income Tax Deductions for Sales Taxes: A Step Away from Tax Fairness

Joseph Thorndike, When Is a “Fee” Actually a Tax? When Politicians Say It Isn’t (Tax Analysts Blog)

Peter Reilly,  How To Tax Kody Brown And The Sister Wives And Other Polygamous Families?  He quotes my Twitter feed.  If Peter follows @joebwan, maybe you should too!

 

News From the Profession.  There’s a Hidden Deloitte Auditor in the Airport Cell Phone Crasher Video Making the Rounds (Going Concern)

 

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Tax Roundup, 12/4/2013: Justice Scalia doesn’t believe in the Tax Fairy. And sure, the IRS can run another tax credit!

Wednesday, December 4th, 2013 by Joe Kristan

 

tax fairyThe Supreme Court wrapped a bow around the IRS victories in the turn-of-the-century tax shelter wars by unanimously ruling that the 40% “gross valuation misstatement” penalty applied to a tax understatement caused by the “COBRA” tax shelter.

COBRA relied on contributing long and short currency options to a partnership, but claiming basis for the long position, and ignoring the liability caused by the short position.  The shelter was cooked up in Paul Daugerdas’ tax shelter lab at now-defunct Jenkens & Gilchrist and marketed by Ernst & Young.  The shelter was designed to generate $43.7 million in tax losses for a cash investment of $3.2 million.

COBRA, like so many other shelters of the era,  was ruled a sham and the losses disallowed, but the Fifth Circuit Court of Appeals ruled that the 40% penalty did not apply.  Other circuits ruled that it did, so the Supreme Court took the case to settle the issue.

Writing for a unanimous court, Justice Scalia disposed of the Fifth Circuit’s position (citations omitted, my emphasis):

     In the alternative, Woods argues that any underpayment of tax in this case would be “attributable,” not to the misstatements of outside basis, but rather to the determination that the partnerships were shams — which he describes as an “independent legal ground.”  That is the rationale that the Fifth and Ninth Circuits have adopted for refusing to apply the valuation-misstatement penalty in cases like this, although both courts have voiced doubts about it.

We reject the argument’s premise: The economic substance determination and the basis misstatement are not “independent” of one another. This is not a case where a valuation misstatement is a mere side effect of a sham transaction. Rather, the overstatement of outside basis was the linchpin of the COBRA tax shelter and the mechanism by which Woods and McCombs sought to reduce their taxable income. As Judge Prado observed, in this type of tax shelter, “the basis misstatement and the transaction’s lack of economic substance are inextricably inter twined,” so “attributing the tax underpayment only to the artificiality of the transaction and not to the basis over valuation is making a false distinction.”  In short, the partners underpaid their taxes because they overstated their outside basis, and they overstated their outside basis because the partnerships were shams. We therefore have no difficulty concluding that any underpayment resulting from the COBRA tax shelter is attributable to the partners’ misrepresentation of outside basis (a valuation misstatement). 

tack shelterI see the basis-shifting shelters of the 1990s as elaborate incantations designed to to get the Tax Fairy to magically wish away tax liabilities.  Like any good witch doctor, the shelter designers relied on lots of elaborate hand-waving and dark magic to do their work, and they collected a lot of cash for their work.  But there is no Tax Fairy.  Justice Scalia has let Tax Fairy believers know that pursuing her is not just futile, but potentially very expensive.

 

Cite: United States v. Woods, Sup. Ct. No. 12-562.

The TaxProf has a roundup and an update.  Stephen Olsen weighs in at Procedurally Taxing.

 

 

Blue Book Blues.   One digression by Justice Scalia in Woods is worth a little extra attention.   From the opinion (citations omitted, my emphasis):

Woods contends, however, that a document known as the “Blue Book” compels a different result…Blue Books are prepared by the staff of the Joint Committee on Taxation as commentaries on recently passed tax laws. They are “written after passage of the legislation and therefore d[o] not inform the decisions of the members of Congress who vot[e] in favor of the [law].” While we have relied on similar documents in the past, …our more recent precedents disapprove of that practice. Of course the Blue Book, like a law review article, may be relevant to the extent it is persuasive.

Back in the early national firm days of my career, one of my bosses was a former national firm lobbyist who was exiled to The Field when a merger with another firm left room in Washington for only one lobbyist in the combined firm.  I remember him telling clients that he could get around unpleasantness in the tax code by arranging for helpful language in the Blue Book.  From what Justice Scalia says, he would have done as well by writing a law review article.

Jack Townsend also noticed this.

 

A new tax credit for the IRS to administer.  What could possibly go wrong?  A lot, as the IRS’s experience with the fraud-ridden refundable credits and ID-theft fraud has shown.  Now a new Treasury Inspector General’s report warns that IRS systems aren’t yet prepared to stop premium tax credit fraud under Obamacare, reports Tax Analysts ($link):

EITC error chart     While the IRS has existing practices to address ACA-related fraud, the agency’s approach is not part of an established fraud mitigation strategy for ACA systems, the report says. The IRS has two systems under development to lessen ACA tax refund fraud risk, but until those systems are completed and tested, “TIGTA remains concerned that the IRS’s existing fraud detection system may not be capable of identifying ACA refund fraud or schemes prior to the issuance of tax return refunds,” it says.

IRS Chief Technology Officer Terence Milholland said in a response included in the report that fraud prevention plans will be put in place as ACA systems are released.

The IRS loses $10 billion annually to Earned Income Tax Credit Fraud alone.  This isn’t reassuring.

 

Paul Neiffer, Losses Can Offset Investment Income:

  1. If you have a net capital loss for the year, the regular tax laws limit this loss to $3,000.  The final regulations allow this up to $3,000 loss to offset other investment income.
  2. If you have a passive loss such as Section 1231 losses, as long as that loss is allowed for regular income tax purposes, you will be allowed to offset that against other investment income.
  3. Finally, if you have a net operating loss carry forward that contains some amount of net investment losses, you will be allowed to use that portion of the NOL to offset other investment income.

A big improvement over the propsed regulations.

 

20120920-3Jason Dinesen,  Same-Sex Marriage, IRAs and After-Tax Basis:

It’s clear that for 2013 and going forward, couples in same-sex marriage will only need to apply “married person” rules to IRAs (and to everything else relating to their taxes).

What’s less clear is what happens with differences between federal and state basis for prior years.

 

Robert D. Flach,  A YEAR END TIP FOR MUTUAL FUND INVESTMENTS.  “If you want to purchase shares in a mutual fund during the fourth quarter of the year, wait until after the capital gain dividend has been issued, and the NAV has dropped, before purchasing the shares.”

 

Janet Novack,  Insurance Agent To Forbes 400 Concedes Understating Taxable Income By $50 Million

David Brunori, Indexing the State Income Tax Brackets Makes Sense (Tax Analysts Blog)

Missouri Rep Paul Curtman (R) wants to index his state’s income tax brackets to inflation. Of all the tax ideas presented this year, this is among the best. Missouri imposes its top rate of 6 percent on all incomes over $9,000. Nine grand was a lot of money in 1931 – and the top tax rate was aimed at the very wealthiest Missourians. But that threshold hasn’t changed since Herbert Hoover was president. 

Or they could just go with one flat rate.

 

TaxProf, The IRS Scandal, Day 209

William McBride, Summary of Baucus Discussion Draft to Reform International Business Taxation (Tax Policy Blog)

Kay Bell, Where do your residential property taxes rank nationally? 

Howard Gleckman,  The Supreme Court Opens The Door to Sales Tax Collections by Online Sellers (TaxVox)

They were too busy fighting the shelter wars to notice.  The Cold War Is Over, but No One Told the IRS  (Joseph Thorndike, Tax Analysts Blog)

Career Corner: A Friendly Reminder to Slobbering Drunks: Be Less Slobbery and Drunk at Your Company Holiday Party (Going Concern)

 

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Tax Roundup, 12/3/2013: Tax Court says no vesting, no K-1. And: gas tax fever!

Tuesday, December 3rd, 2013 by Joe Kristan

20120511-2Who pays, partner?  A Tax Court decision yesterday held that an executive of a partnership holding a non-vested capital interest should not be considered a “partner” for allocation of taxable income and loss before the interest vests.

The taxpayer was an executive of Crescent Holdings, LLC, a Georgia real estate partnership.  According to the Tax Court, he received a 2% capital interest in the partnership that was subject to forfeiture if he failed to stay in the job for three years.  He resigned before the interest vested, so he got nothing.  The partnership had allocated income to him on a K-1 for the period up to his resignation — and gave him some cash to pay taxes on the income —  but he argued that because he was non-vested, he shouldn’t receive any K-1 allocation.

Tax Court Judge Ruwe agreed:

Since petitioner forfeited his right to the 2% interest before it substantially vested, he never owned the interest. Petitioner never received any of the economic benefits from the undistributed partnership income allocations to the 2% interest. Requiring petitioner to recognize the partnership allocations in his income is inconsistent with the fact that he received no economic benefit from the allocations.

“His” 2% was allocable instead to other partners.

Non-vested stock or partnership interests subject to “a substantial risk of forfeiture” are not includible in income until the forfeiture risk lapses, unless the taxpayer makes a timely Section 83(b) election to include the value in income on receipt in spite of the risk.

This decision tells partnerships preparing 2012 returns that they shouldn’t allocate taxable income to partners with unvested interests.  I suspect some partners and partnerships may file amended returns for open years as a result.  It’s not entirely clear, but I read the opinion as saying that a timely Section 83(b) election would change this result.

Cite: Crescent Holdings LLC et al. v. Commissioner; 141 T.C. No. 15

 

Because he really, really wants the money.  Branstad declines to issue gas-tax veto threat (Iowa Farmer Today):

“The goal would be over the next couple of months: Does a consensus develop around something or not? And, I guess time will tell whether that happens,” Branstad said. If an agreement emerges, he said he would include a recommendation on how to address a projected annual shortfall of $215 million for critical road and bridge repair needs during his Condition of the State address Jan. 14.

The “shortfall for critical road and bridge repair” has become a mantra at the statehouse, which means they really want to get into your wallets some more.  The $215 million number comes from an Iowa Department of Transportation report.  No politicians seem willing to challenge a self-serving number from the agency that would benefit from more transportation money.  Compared to other states, Iowa isn’t doing so bad.  For example from the most reason Reason Foundation survey of state highway conditions:

Iowa Highways 2009

Many states are getting less gas revenue from gas taxes as cars become more efficient.  There is a case that some adjustment of the tax makes sense.  Still, Iowa is 17th nationally in per-mile spending, and it doesn’t seem like we are doing badly compared to the rest of the country.  And no matter how much they jack up the gas tax, I suspect they’ll continue to tell us we have crumbling infrastructure anyway.

 

Seventh Circuit: Inherited IRA not exempt from creditor claims. That’s a different result that would apply to bankrupt’s own IRA.  Cite: Clarke, CA-7, Nos. 1241 and 12-1255.

 

Tony Nitti, Final Net Investment Income Regulations: Self-Charged Interest, Net Operating Losses, And More

Paul Neiffer,  Bonus Payments Are Ordinary Income – Not Capital Gains. A Tax Court case involving an upfront oil and gas lease bonus payment.

 

nfl logoJeremy Scott, NFL Encourages Localities in Race to the Bottom (Tax Analysts Blog)  So does NASCAR.

William McBride, Baucus Offers Ways to Pay for a Lower Corporate Tax Rate (Tax Policy Blog)

The shopping season that never ends.  Shopping for Tax Extenders (Clint Stretch, Tax Analysts Blog) “Of the 55 tax provisions that will expire at the end of the year, all but a few have expired before. Taxpayers will have to be satisfied with retroactive reinstatement again.”

TaxProf, The IRS Scandal, Day 208

 

 

Robert D. Flach has your Tuesday Buzz!

Kay Bell, States still getting stiffed on sales taxes on Cyber Monday

Celebrate!  Cyber Monday: It’s The Most Wonderful Tax Evasion Day Of The Year!  (TaxGrrrl)

Going Concern: According To This Paper, It Takes Cojones To Commit Fraud

 

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Tax Roundup, 10/24/13: Payroll tax grief in Cedar Rapids. Also: suits, geeks, and Obamacare.

Thursday, October 24th, 2013 by Joe Kristan

bureauofprisonsNever borrow withheld taxes. A little story out of Cedar Rapids this morning has a big lesson for business owners: Former owner of Cedar Rapids security firm sentenced on tax charge (Dar Danielson, Radio Iowa).  In its entirety:

A former eastern Iowa business owner will spend over two years in prison on a tax violation. Forty-six-year-old Eric Holub of Clarence pled guilty to failing to forward withholding taxes he took out of his employee’s checks to the IRS.

Holub admitted to failing to send $460,000 in withholding taxes from January 2008 to December of 2009 for Premier Security, a private business he owned in Cedar Rapids. Holub was sentenced to 30 months in prison and three years supervised release.

Two paragraphs – just enough to tell an alert reader a story of financial catastrophe.    Court documents tell a bit more of the defendant’s story.  He had to use a public defender, so he’s broke.  He’s married with six kids, three under 10.  Even though he’s going away for 2 1/2 years, he still has to pay the IRS $438,426.17 somehow.  Small wonder he’s being treated for depression.

What we don’t learn is why he didn’t pay over his payroll taxes.  I handled payroll in the early days of our firm, and there were times when it sure would have been handy to not remit the payroll taxes right away, given other pressing cash needs.  Maybe cash was tight, and it seemed like a good way to pay vendors.  Maybe he figured he’d get caught up someday, but when the IRS didn’t react immediately, catching up seemed like it wasn’t so important.

In any case, it’s a huge mistake to not remit payroll taxes on time.  Penalties start running up immediately, and bankruptcy or using a corporation will not make the liability go away.  And more and more, the government isn’t satisfied the with getting the cash; they want jail time too.  30 months plus principal, interest and penalties for “borrowing” payroll taxes makes car title loans look like a bargain.

Links:

Indictment

Judgement

 

20130320-1Iowa R.V. Owners come in from the cold.  Iowa’s amnesty for R.V. owners who had skipped Iowa registration fees by registering their vehicles in Montana ended yesterday with “dozens” of settlements and “just over $100,000″ in fees collected, reports the Des Moines Register.  The idea that you could use a Montana LLC to skip registration fees in Iowa never seemed remotely plausible to me, but people will believe just about anything if it might save them a few bucks.

 

 

Arnold Kling, The Obamacare Suits/Geeks Divide:

In response to the WaPo story, I wrote a letter to the editor, which they published (mine is the third letter on this page). This is not a technical screw-up, and it will not be fixed by technical people. It is an organizational screw-up. And until that is recognized, it probably will get worse. I write,

In my experience, communication failures between technical staff and management reflect an atmosphere of fear and lack of mutual respect.

I call this the suits-geeks divide. I saw it during the financial crisis, when it was evident that many mortgage credit-risk geeks warned of problems at their firms but management went out of the way not to listen. Merrill Lynch and Freddie Mac were particularly well-documented cases.  

It’s starting to look like a delay of the individual mandate — the key tax provision that holds Obamacare together — is inevitable.   It may take some time yet for the administration to swallow this bitter pill, just after they shut down the government rather than accept a GOP-sponsored delay.

 

Megan McArdle,  Why Obamacare Is Like Three Mile Island. “All the pieces are interdependent, so a failure in one part is apt to cascade throughout the market. This is not a system where you want to start pulling out one piece to see how well the rest can get along without it.”

 

Des Moines Register, Lawmakers are warned of unfunded liabilities in pensions:

Iowa’s public employee pension funds face billions of dollars in unfunded liabilities, and tough scrutiny is needed to ensure taxpayers and public employees are protected, state lawmakers were told Wednesday.

Public defined benefit plans are lies.  The only question is whether the beneficiaries are being lied to with promises that won’t be kept, or the taxpayers are being lied to by politicians hiding the real cost of government payroll.  Probably both.

20130419-1TaxGrrrl,  IRS Issues More Guidance On Post-Shutdown Operations 

Kay Bell, IRS seeks volunteers for tax-exempt advisory panel.  I bet they get some Tea Party applicants.

 

William Gale,  The Illogic of the McConnell Debt Limit Rule (TaxVox)

TaxProf, TIGTA: Hundreds of Employees of IRS Contractors Owe Millions in Taxes

Dan Mitchell, Welfare Fraud Is another Reason to Replace the IRS with a Flat Tax.  More on the TIGTA EITC report we mentioned yesterday.

William McBride,  Ripe for Reform: Improper EITC Payments Exceed $11 Billion per Year (Tax Policy Blog)

Tax Justice Blog,  Illinois Ruling Strengthens Case for a Federal Solution to Online Tax Collection

Cara Griffith, In Defense of State Treasurers (Tax Analysts Blog)

 

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Tax Roundup, 10/18/13: IRS is back, but the lines may be busy. Happy Fall Friday!

Friday, October 18th, 2013 by Joe Kristan

20120924-1

The Tax Court had two weeks to work on it, and they issued no decisions yesterday.  Slackers.

So audits resume, notices come out again, and the IRS can resume giving 20%-accurate answers to taxpayer questions.  Some reports from the re-opening:

Kay Bell, IRS employees are back, but temporary shutdown deal could mean 2014 tax filing season trouble:

But I fear that come Jan. 16, we’ll be back in a federal government shutdown situation that could pop today’s celebratory grand federal facilities’ reopening balloon. 

And while a government shutdown, even a partial one, is a problem for almost every one at any time, it will be major hassle for millions of taxpayers in January.

That’s the month that that federal tax filing season begins.

Yet another reason to dread next tax season.

 

TaxGrrrl, IRS Asks Taxpayers For Patience As They Tackle Shutdown Backlog   

William Perez, The IRS is Open Again.

Howard Gleckman, One Modest Path to a No-Drama Budget Deal (TaxVox)

Tax Justice Blog, Shutdown Ends with Deal Creating Yet Another Budget Panel.  TJB wants them to just get on with another tax increase.

 

20120830-1Joseph Henchman, Elia Peterson, Oregon Changes Tax Structure for Most Businesses (Tax Policy Blog)

Driven by rhetoric about cutting taxes for small businesses but in reality just adding more complexity and non-neutrality to the tax code, these changes make Oregon the third state to adopt a special income tax system for pass-through businesses. Kansas offers a complete exclusion for all pass-through business income, resulting in a non-neutral situation where income from corporate profits is taxed twice, wage income is taxed once, and most small business is not taxed at all. Ohio has enacted a 50 percent exclusion for the first $250,000 of pass-through income, adding complexity to an already non-neutral carveout. Oregon’s is more transparently an effort to tax corporations while reducing tax burdens for some (but not all) pass-through entities.

The Tax Update’s Quick and Dirty Iowa Tax Reform Plan would repeal the corporate income tax altogether and allow S corporations the option of being treated as C corporations for Iowa purposes.

 

Jack Townsend,  Quiet Disclosures Increasingly on IRS’s Radar Screen.  He notes a Tax Analysts article ($link) that says the IRS is looking closely at taxpayers with foreign accounts who come in from the cold without going through “Offshore Voluntary Compliance Initiative.”

Brian Mahany, Lawyer Indicted For Estate Fraud And Tax Evasion

Keith Fogg, Erroneous Refund Case Reveals the Intersection of Bankruptcy and Tax Procedure (Procedurally Taxing). “The first thing that caught my eye here was the timing of the refund.  It was issued more than 14 years ago. ”

I almost forgot! Robert D. Flach has your Friday Buzz!

 

William McBride, JCT: Corporate Tax Falls Partly on Labor (Tax Policy Blog):

While this is progress, it does not in fact reflect the middle range of the current economic literature. At least since the 1990s, most economists have recognized that the burden of corporate taxes fall mainly on labor in the long run. 

You can’t tax the boss without taxing his employees.

 

 

Going Concern: This TaxMasters Video Is of the Devil.  It truly is.

Peter Reilly, Study Shows Taxpayers With Balance Due More Likely To Cheat.   The prospect of writing a check is apparently more of a motivator than the lure of a fraudulent refund.

News from the Profession: Michigan CPA Charged with Murdering Michigan CPA (Going Concern)

 

np2102904

Have a great weekend!

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Tax Roundup, 10/11/13: Why filing on time matters. And: nope, still closed.

Friday, October 11th, 2013 by Joe Kristan

20130311-1It’s the last weekend of 1040 season!  Some folks think that happened six months ago, but many of us know that extension season is when you are up against it.  Extended 1040s are due on Tuesday, and anything filed after that is late.  Only people out of the country on a long-term basis might have any more time.

So what’s at stake?  Is it really such a big deal to file your 1040 late?  Especially if you have a refund?

Yes.

First, let’s take a look at the penalties for late filing: five percent of any tax owed, up to 25% of the balance due, and interest on the unpaid balances.

But there are other drawbacks.  You never start the statute of limitations if you don’t file.  That means the IRS has pretty much forever to look at the year you haven’t filed for.

It doesn’t work that way if you have refunds coming.  From IRS Publication 17:

Time for filing a claim for refund. Generally, you must file your claim for a credit or refund within 3 years after the date you filed your original return or within 2 years after the date you paid the tax, whichever is later. Returns filed before the due date (without regard to extensions) are considered filed on the due date (even if the due date was a Saturday, Sunday, or legal holiday). These time periods are suspended while you are financially disabled, discussed later.

If the last day for claiming a credit or refund is a Saturday, Sunday, or legal holiday, you can file the claim on the next business day.

If you do not file a claim within this period, you may not be entitled to a credit or a refund.

So if you don’t file, its two years and out for getting that withholding back.  Each year stands on its own.  If you didn’t file for, say, 2007-2009, and you only owed tax in 2009, you still owe it, but you get no benefit for the 2008 and 2007 refunds you didn’t claim.

So file on time.  If you are missing information, file with what you have and amend later if necessary.  Don’t let the perfect be the enemy of the good.  Not filing can quickly become a habit, and it’s often a very expensive one.

Related: Penalties on Late 2012 Tax Payments (William Perez)

 

William McBride,  The Long Goodbye to U.S. Corporations (tax Policy Blog):

If not moving abroad, many U.S. businesses have been moving to the individual tax code, where they are taxed once on profits that are passed-through to owners, rather than twice through the corporate tax and shareholder taxes. The end result is there are now fewer corporations than at any time since the 1970s. The chart below shows standard C corporations peaked in 1986 at 2.6 million, and declined to 1.8 million as of 2008, according to the IRS. Preliminary IRS data indicates the number of C corporations dropped further to 1.6 million as of 2010. The trend shows no sign of slowing down.

20131011-1

 

This has two important implications for tax policy:

1.  Increasing the individual rate means increasing the tax load on business, as more taxes are run through 1040s.

2. While corporate tax reform is important, it misses a lot.

 

Wikipedia image courtesy Tallent Show under Creative Commons license

Wikipedia image courtesy Tallent Show under Creative Commons license

Christopher Bergin, The IRS Is Shut Down – And We Will All Pay (Tax Analysts Blog)

Tax Justice Blog, Paul Ryan’s Latest Idea: Enact the Spending Cuts Proposed by Obama, Ignore His Revenue Proposals.  I’m good with that.

Janet Novack,  As IRS Shutdown Drags On, Some Taxpayers Face Big Problems:

The IRS has said that once the shutdown was “fully complete” it stopped its computers from automatically generating new liens and levies on taxpayers’ property and that it is now seizing taxpayers’ property in only rare cases. But that’s no help to the taxpayers who had their funds frozen immediately before the shutdown or who were hit by notices that had already been printed and were mailed after the shutdown. 

The government needs to use its money to chase people out of public parks, rather than to free your frozen funds.

 

OK, now I’m feeling the crisis.   No new specialty beers during government shutdown (Kay Bell)

 

Peter Reilly,  Are CVS Stores Actually Good 1031 Targets ?   

Detroit is back! Judge Hands Down Very Nearly The Longest Sentence Ever To Public Official For Corruption And Tax Fraud   (TaxGrrrl)

TaxProf, The IRS Scandal, Day 155.  This edition features reports that the IRS exchanged confidential taxpayer information with the White House.  Anybody who doesn’t think this is a real scandal should share somebody’s confidential tax information sometime with your favorite Republican official and see what happens.

Jack Townsend, Article on DOJ’s Swiss Bank Initiative.

Leslie Book, Supreme Court: Woods Oral Argument This Week.  “As many tax procedure buffs know, the case presents an opportunity for the Court to decide whether the 40% gross valuation misstatement penalty applies in a variety of tax shelter transactions when partnerships have sought to concede the underlying liability on grounds that do not directly relate to valuation misstatements, such as the at-risk rules or the economic substance doctrine.”

Jim Maule,  Tax Review Board Strips City’s Lap Dance Tax Attempt.

Robert D. Flach brings your Friday Buzz!

 

The Critical Question:  Should We Eliminate the Extraordinary Measures(Donald Marron):

You’ve probably heard that Treasury will hit the debt limit on October 17 and soon thereafter it won’t be able to pay all of America’s bills. That second part is true: Congress needs to act soon—preferably before the 17th—so Treasury doesn’t miss any payments. But the first part isn’t: Treasury actually hit the debt limit way back on May 19.

So how did Treasury keep paying our bills? Extraordinary measures.

Interesting.  It’s fiscal sleight of hand of the sort that would get you or me jailed.

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Tax Roundup, 9/20/2013: Dressing up your tax return. And look out, Ethiopia!

Friday, September 20th, 2013 by Joe Kristan
"Garcia" character in "Criminal Minds," via Wikipedia

“Garcia” character in “Criminal Minds,” via Wikipedia

I can’t prove my deductions, but you should allow them because I’m sure I have them, and it’s not that much in the big scheme of things.   An actress took a novel approach to convince the Tax Court to let her deduct clothing, makeup and other items that she said were business expenses in her acting career:

 Instead of relating particular exhibits to particular deductible categories in her brief, she repeated her claims that all of the disputed expenses were related to her employment and supported by the disorganized documents. She did not respond to respondent’s specific analysis of the documents and explanation of the applicable Code sections. Overall petitioner argues that she should be given special leeway because she obviously incurred deductible expenses and the amount of the deficiency is small.  

Cut me a break, what’s my little deficiency to a trillion-dollar deficit?  The court was unconvinced.  With respect to her deductions for clothing and makeup, the court noted:

Petitioner resided in California when she filed her petition. During 2009, petitioner was an actress, a writer, and a college student. She was a stand-in for a character known as Garcia on the television show “Criminal Minds.”

Petitioner also claimed as business expenses items including makeup and beauty expenses, wardrobe expenses, and laundry and cleaning expenses. She claims that these expenses were necessary because of the unique dress and makeup of the character Garcia.

Expenses relating to clothing, dry cleaning, and personal beauty items are deductible only if they are “not suitable for general or personal wear and not so worn”. Yeomans v. Commissioner, 30 T.C. 757, 767-769 (1958). Neither petitioner’s records nor her testimony tied specific items of expense to the type of clothing and related items that would not be suitable for everyday wear. To the extent that items cannot be tied to petitioner’s job with “Criminal Minds”, her arguments about the uniqueness of Garcia are not persuasive.

The moral?  Unless you have to buy a uniform, it’s hard to deduct clothes, as TV anchor Anietra Hamper learned the hard way.  And whatever you deduct, you need to have some way to support the deduction.  The argument that your small deduction is immaterial in the big scheme of things doesn’t work well.

Cite: McGovern, T.C. Summ. Op. 2013-74

 

James Taranto, who runs the Wall Street Journal’s “Best of the Web” feature (with a format suspiciously like the Tax Update’s Tax Roundup), has some good observations on the evolution of the IRS Tea Party scandal.  He suggests how the agency could come to target the President’s political opponents without anybody having to tell them to do so:

The memo presents no evidence that the White House directly ordered the IRS to crack down on political opponents. Instead, it is consistent with the theory, described here in May, that IRS personnel responded to “dog whistles” (in Peggy Noonan’s metaphor) in public statements from the president and his supporters.

That’s much more depressing than if the White House had issued such orders.  That means the problem is part of the IRS culture, making it very difficult to fix.

TaxProf, The IRS Scandal, Day 134

Eliana Johnson, Senior Treasury Department Officials Knew of IRS Targeting in Spring 2012, Documents Suggest

 

Tony Nitti, One Mortgage, No Home Equity Loan: How Much Interest Can You Deduct?

TaxGrrrl, Forget Kiddie Tax, New Senate Proposal Would End ‘Parent Tax’

 

20130920-2

Haile Selassie, Emperor of Ethiopia

William McBride,  World Economic Forum: U.S. Still Sliding (Tax Policy Blog):

America’s least competitive areas include taxes and government debt. The U.S. ranks 69th, right behind Ethiopia, in terms of the impact taxes have on incentives to work and invest. The U.S. ranks 103rd of 144 countries in terms of the total tax rate as a percent of profits.

 Look out, Ethiopia.

 

Tax Justice Blog, Stop Tax Haven Abuse Act Would Curb Some of the Worst Multinational Corporations’ Tax Dodges.  This would be less of a problem if the problems noted in the previous item were addressed.

Elaine Maag, Senator Lee’s New Reform Plan Focuses on Young Children (TaxVox)

Andrew Lundeen, Roughing the Passer: Congress Won’t Find Much Revenue from Taxing the NFL (Tax Policy Blog)

Jack Townsend, Atypical Offshore Account Plea for Art Dealer

Leslie Book, Remands and the Nature of CDP Hearings (Procedurally Taxing)

 

Robert D. Flach has a mighty “meaty” Friday Buzz!

The Critical Question: Did Tax Court Just Say That There Are Thousands Of Unfiled Oil Partnership Returns ?  (Peter Reilly)

News from the profession: Accountants Love Their Jobs Because They Get to Manipulate Numbers All Day Long, Says Guy (Going Concern)

 

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Tax Roundup, 9/16/2013: Enitity extension day! And booster club blues.

Monday, September 16th, 2013 by Joe Kristan


20130916-1
Today is the final extended deadline for your extended calendar 2012 1041, 1065, 1120 and 1120-S filings.  You know the drill: e-filing is best, but if you paper file, use Certified Mail, Return Receipt Requested, to document your timely filing.  If you don’t make it to the post office on time, you can use a designated private delivery service shipping receipt to document timely filing, but be sure you use the right service, and be sure to use the right IRS Service Center street address.

I’m sure somebody out there is thinking something like “Certified mail only proves you mailed something, not the actual form.”  All I can say is that certified mail receipts have always worked for me, including getting an erroneous $9,000+ penalty reversed on an extended partnership return just in the last year.  (Why didn’t they e-file? The partnership had a short year because of a technical termination, and the IRS rejected the e-filed extension.)

Third quarter estimated payments are also due today.

 

 

TaxProf, Crawford: Sumner Redstone’s 40-Year-Old Gift.  A crazy case where the IRS is asserting taxes on an alleged gift from the 1970s.  The taxpayer denies that there was a gift in the first place.

Filing a gift tax return starts the three-year statute of limitations, even when there is no tax due, and it is worth the minimal hassle and expense, especially any time gifts other than cash or publicly traded securities are made, to make sure you aren’t fighting some stupid battle over a 2013 filing in 2050.

 

 

Wall Street Journal, Booster Clubs Attract Scrutiny, (Laura Saunders):

To be tax-exempt, booster clubs and similar groups have to meet the same requirements as other charities. That means a group must serve the public interest, and its earnings can’t benefit only a few people. That second requirement—known in tax law as “private inurement”—is where the Capital Gymnastics Booster Club tripped up.

I think people may be reading too much into this decision.  The club involved had bad facts.  From the Tax Court summary of the decision (my emphasis):

Membership in P was mandatory for the parents of athletes who wanted to participate on the teams that were operated out of that private gym, and each family paid to P an annual assessment to cover the athlete’s entry fees to compete in the meets and to offset the estimated expenditures for the coaches’ travel.  The assessment ranged from $600 to $1,400 per athlete for FY 2003, depending on the athlete’s competitive level.

A typical high school athletic or band program might encourage booster club membership, but they don’t normally require it.  Here it looks like they went too far by running all parent expenses through the club.  That’s not the way I have seen it done with my kids’ activities.   Given this decision, though, it would be helpful for the IRS to tell the zillions of parent-run booster clubs out there what is and isn’t allowed.  Right now volunteer parents are just winging it as best they can.

Related: Peter Reilly, Does Tax Court Booster Decision Threaten Scouting ?

 

William Perez, Solo 401(k) Contributions Due by October 15th

Kay Bell, Estimated tax payment #3 for 2013 is due Monday, Sept. 16

Paul Neiffer, Monday is Final Due Date for Business Returns

Russ Fox, Business and Trust Tax Filing Deadline is Monday

TaxGrrrl, Back To School: 10 Smart Tax Lessons To Move You To The Head Of The Class   

Robert D. Flach:  ADVICE FOR NEW EMPLOYEES.  Short version: save as much as you can in tax-deferred retirement accounts, and start now.  The numbers Robert shows are compelling.

 

William McBride,  Opposite the Headlines, Income Inequality has Gone Down over the Last Two Decades (Tax Policy Blog)

Jack Townsend,  Ninth Circuit Affirms Barry Bonds Conviction for Obstruction 

Russ Fox,  California Is #1…For Highest Marginal Tax Rates for S-Corps

 

Phil Hodgen, Tax law is considered harmful:

Tax law is written by 10,000 authors of wildly varying intelligence and intention. Different pieces were written at different times — sometimes decades apart.

Sometimes I tell people that The Tax Update Blog has 535 comedy writers.  I’m better off than I realized.

 

News from the professon.  PwC Partner Offers Perfectly Good Explanation for Driving Like a Maniac (Going Concern)

 

 

 

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Tax Roundup, 9/13/2013: Good luck and honey traps edition.

Friday, September 13th, 2013 by Joe Kristan

20130415-1It’s Friday the 13th.  Do you know where your extended 1041, 1065, 1120, or 1120-S is? They’re due Monday!  If you have a pass-through return due, late filing penalties start at $195 per K-1.  E-file, or use certified mail, return receipt requested.  It makes for good luck if the IRS says you filed late.

 

 

Christopher Bergin, Tax Avoidance Just Isn’t What It Used To Be:

Setting aside for now the place of moral scruples in a tax rate, some are arguing that corporations have a higher duty to the countries where they do business and the citizens they sell to than simply paying the lowest amount of tax possible. That argument challenges other well-established theories, among them that corporations have a duty to maximize the investment of their shareholders. Well, is it the only duty of a multinational corporation to maximize value for its shareholders?  

Well, it sure isn’t to maximize value for its tax collectors.

 

Jason Dinesen,  Same-Sex Marriage and Minnesota Taxes.  “Effective with 2013 tax returns, same-sex married couples who file Minnesota tax returns will be required to file those returns as married.”

Phil Hodgen,   Electing Resident Alien Status Under Section 7701(b)(4).  “This election is used by nonresident aliens who become residents of the United States after the middle of the year, and do not hold a green card.”

 

csi logoTaxGrrrl,  Back To School: Paying For College With 529 Plans:

For federal income tax purposes, putting money in a 529 plan won’t result in a deduction (as it would with, say, an IRA). However, neither the earnings nor the distributions in 529 plans are taxable for federal income tax purposes.

I like Iowa’s Sec. 529 plan, College Savings Iowa.  You get  a deduction for contributions up to $3,045 per donor, per donee on your Iowa 1040; it works like a 6% negative load, and you get the usual federal Sec. 529 benefits too.

 

Russ Fox,  Bankruptcy Trumps a Deemed Sale.  California’s tax authorities don’t get to decide the tax implications of a bankruptcy by themselves.

Leslie Book,  CDP: When is a Document Establishing Liability Received? (Procedurally Taxing)

 

TaxProf, The IRS Scandal, Day 127

Kay Bell,  IRS investigations are baaaaack!

 

Tax Justice Blog,  State News Quick Hits: Missouri Legislature Fails to Override Governor’s Tax Cut Veto and More

Jack  Townsend, Swiss Bank Rahn & Bodmer Under DOJ Criminal Investigation 

William McBride,  “Red” China Taxes Capital Relatively Lightly (Tax Policy Blog)

Howard Gleckman,  Eight in Ten U.S. Households Pay Social Security and Medicare Taxes.   Yet those two programs are actuarial disasters, so they don’t even cover their benefits.  Mr. Gleckman’s use of this as a defense of exempting them from all income taxes is unconvincing.

Robert D. Flach has your Friday Buzz roundup of tax news!

 

No, it’s about restricting guild membership to keep salaries up.  Getting a PhD in Accounting Isn’t Really About Teaching (Going Concern)

News you can use.  To Enjoy Driverless Cars, First Kill All the Lawyers (Megan McArdle)

 

Sometimes taxes aren’t the most interesting part of the story.  Certainly not in a case reported by the Contra Costa Times about an attorney who apparently will plead guilty to tax charges:

Mary Nolan, 61, of Oakland, was indicted by a grand jury in September 2012 on six counts related to accusations that she failed to report $1.8 million in earnings to the Internal Revenue Service and placed eavesdropping equipment on the cars of her clients’ spouses with disgraced former Concord private investigator Christopher Butler. Court records show that she’s scheduled to enter a guilty plea before Judge Charles Breyer on Sept. 27, although no details as to her plea agreement have been made public.

Illegally bugging cars?

Nolan also is a defendant in two of the half-dozen civil lawsuits pending in state and federal court lodged by the targets of Butler’s “dirty DUI” stings in 2011 and 2012.

Butler’s employees, usually attractive women, would entice the estranged spouses of Butler’s clients to get drunk and drive, at which time Butler would encourage police to arrest the targets for DUI, giving his clients leverage in divorce and child-custody proceedings.

Nolan is accused of helping arrange the arrests of Concord aeronautics engineer Dave Dutcher and Clayton contractor Declan Woods, whose ex-wives, Susan Dutcher and Louise Woods, were represented by Nolan in family law court.

Somewhere a Mr. Dutcher and a Mr. Woods could be excused for enthusiastically toasting this turn of events alone and at home.

 

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Tax Roundup, 8/26/2013: The corporation that’s gone no longer protects you.

Monday, August 26th, 2013 by Joe Kristan

20130826-1Most people set up corporations at least partly to protect themselves from being liable for liabilities incurred in the business.  And it usually works that way.   But not always, as a case out of Colorado reminds us.

Colorado Gas Compression, Inc. ceased operations in 1998 and was administratively dissolved in 2005.  In 1998 the IRS assessed taxes on the company for 1994 through 1996, and eventually won in Tax Court.  But the company was gone by then.  So what happened?  The IRS went after the corporation’s shareholder:

Mr. Holmes was the sole shareholder of Colorado Gas until it was dissolved by the Colorado Secretary of State in 2005, by which time it had ceased operations…

Colorado Gas made a series of distributions to Mr. Holmes in the years from 1995 to 2002, transfers which totaled over $3.6 million. As will be explained infra, it is significant that Colorado Gas was in the process of winding up its active operations at this time. 

Cutting to the ending, the appeals court ruled that Mr. Holmes was liable as a “transferee” of corporate assets.

If the corporation had died owing taxes, but had not distributed funds to Mr. Holmes, the answer likely would have been different.  But if a corporation dies owing taxes while the owners withdrew funds, they might be on the hook.  The same idea can apply to estates when the IRS assesses tax to either the estate or the decedent.

Cite: Holmes, CA-10, Nos. 12-1164, 12-1220

 

 

Kay Bell, Remembering Martin Luther King’s legacy and tax trial:

King was indicted in February 1960 by an Alabama grand jury on two counts of felony perjury. The state charged that King had signed fraudulent tax returns for 1956 and 1958.

A state audit of King’s returns the previous month claimed that he had not reported funds he received on behalf of the Montgomery Improvement Association (MIA) and the Southern Christian Leadership Conference (SCLC), and still owed Alabama tax collectors more than $1,700. 

Tax law can be politicized very easily.  That’s why the IRS Tea Party scandal is serious business, and why Presidents shouldn’t joke about auditing their enemies.

 

Paul Neiffer, The Power of Installment Sales:

Assuming our farmer had other ordinary farm income of $150,000, his total capital gains tax bill if sold for cash would be 15% on the first $100,000 of gain, 18.8% on the next $200,000 of gain and finally 23.8% on the last $100,000 of gain for total tax owed of $76,400 (the actual tax would be slightly higher due to phaseout of itemized deductions and exemptions).  However, if he spreads the gain over the next ten years and keeps his net gain in the 15% bracket (staying under $250,000 of adjusted gross income), the total tax owed on the gain would only be $60,000 for a net tax savings of $16,400.  Plus, the farmer may have received an interest rate on the installment note greater than current interest rates.

By spreading the income over a longer time, the taxpayer kept his AGI below the $250,000 threshold for the Obamacare Net Investment Income Tax.

 

Jason Dinesen, Evaluating the Cost of Working:

What we found was, the difference between me staying home with the kids (thus eliminating all of the above costs) and me continuing to work was: $200/month.

I could stay home with the kids, contribute $2,400 a year to our family’s bottom line from my side business, and we’d be in the exact same financial situation as we would be in if I continued to work at my day job.

It was a simple decision.

I quit my day job, and have been part accountant, part stay-at-home dad for the last two years.

But, he notes, it’s not for everyone.

 

Peter Reilly, S Corporation SE Avoidance Still A Solid Strategy   Just remember, hogs get slaughtered.

 

TaxProf, 9th Circuit Reverses Tax Fraud Conviction for Using Charitable Contribution to Arm Chechnyan Terrorists, Rather Than to Purchase Mosque

 

Phil Hodgen,  Relinquishing U.S. citizenship and expatriation

Brian Mahany, Offshore Tax Evasion Update – By The Numbers

Jack Townsend,   Swiss IT Specialist Sentenced for Disclosing Bank Client Data to German Tax Authorities.  He got paid over 1 million Euros by the German tax authorities.

 

Russ Fox, Have I Got a Fixer-Upper for You.  It sounds a little like Iowa’s Wallace Building, but bigger.

William McBride, Repatriated Foreign Earnings Do Not Mainly Go To Shareholder Payouts

Because they think we’re pockets to be picked.  Polk County expands use of speed cameras (Des Moines Register)

 

I’ve been interviewed: Interview with Joe Kristan, Author of the Roth CPA Tax Update Blog

 

Moving beyond straw man arguments:

Clay men face federal tax fraud charges

Cobb Man Charged in ID Theft Scheme

 

 

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Tax Roundup, 8/1/2013: Sales tax holiday! And bidding for tax trouble.

Thursday, August 1st, 2013 by Joe Kristan

 

Flickr image courtisey gaudiramane under Creative Commons license

Flickr image courtesy gaudiramane under Creative Commons license

Iowa sales tax holiday!  The silly Iowa sales tax holiday for clothes is tomorrow and Saturday.  From the Iowa Department of Revenue website:

  • Exemption period: from 12:01 a.m., August 2, 2013, through midnight, August 3, 2013.
  • No sales tax, including local option sales tax, will be collected on sales of an article of clothing or footwear having a selling price less than $100.00.
  • The exemption does not apply in any way to the price of an item selling for $100.00 or more
  • The exemption applies to each article priced under $100.00 regardless of how many items are sold on the same invoice to a customer

While it is touted as a “back to school” holiday, there is no classroom requirement.

Sales tax holidays are silly gimmicks and bad tax policy.  Yet if you are a careful shopper, you can save on a new outfit in Iowa and take it to Louisiana for their September 6-8 sales tax holiday on firearms.

Links:

Cara Griffith, Back-to-School! Time for a Holiday (Tax Analysts blog)

Kay Bell, 12 states have sales tax holidays this weekend

Details on Iowa’s sales tax holiday

Map of U.S sales tax holidays.

 

Going, going, gone.  An Iowa auctioneer was sentenced to 48 months in prison this week after pleading guildy to tax fraud and social security fraud, reports WOWT.com:

Fifty-five-year-old Robert Duncan was sentenced by U.S. District court judge John Jarvey after entering a guilty plea. That plea came back in March.

Duncan admitted to defrauding the SSA, filing a false income tax return and making a false statement to a financial institution.

The former owner and auctioneer for Bob Duncan and Associates, was also ordered to pay restitution to the Social Security Administration in the amount of $218,755.10, and to the Internal Revenue Service in the amount of $42,254.00.

Not good.

 

The IRS did nothing wrong, and besides they did it to lefties too!  That has been one line of argument by the “nothing to see here” folks who pooh-pooh the IRS harassment of Tea Party groups.   Now NPR, not known as a friend of the Tea Party, has run the numbers, and it looks like… the IRS harassed conservative outfits, and pretty much left the left side alone:

 7-30-13-irs-targeting-statistics-of-files-produced-by-irs-through-july-29-2-

Nothing to see here, move along…  For example, Ways and Means–still distracting with false scandals (Linda Beale).

Other coverage:

TaxProf, The IRS Scandal, Day 84.

Sioux City Journal, Iowa-based group at center of new IRS accusations

 

Tax Justice Blog, What the President Really Said about Business Tax Reform:

What the President just proposed is not much different from his previous proposals.

That’s the problem.

William McBride, Obama’s Grand Bargain a Roundabout Way to Raise Corporate Taxes (Tax Policy Blog)

William Perez, Some Senators Release Their Blank Slate Tax Reform Ideas

Jim Maule,  Polishing Subchapter K: Part I.  Prof. Maule has some ideas for partnership taxation.

 

Tax Trials, Tax Court Reasserts Position on Conservation Easements

Missouri Tax Guy, Business Structures, Choosing your Entity

                                                              

Peter Reilly, North Carolina Declares Cash Register Zappers Contraband .  The government doesn’t like skimming software.

Robert D. Flach has some thoughts on THE IRS AND NJDOT WEBSITES

 

Tony Nitti, MLB Trade Deadline Winners And Losers: The Tax Edition.  Through no fault of his own, Bud Norris goes from income tax-free Texas to high-tax Maryland.  On the positive side, he won’t be playing for the Astros any more.

Tracy Gordon, Detroit’s Pension Blues, and America’s (TaxVox)  Defined benefit pensions for public employees should be outlawed, and their assets converted to defined contribution plans.

The Critical Question: Were ‘Real Housewives’ Stars Targeted For Prosecution Because Of Their Celebrity?  (TaxGrrrl).  If you are going to cheat on your taxes, it may be wise to not put your life on television.

 

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Tax Roundup, 7/22/2013: More fertilizer! And how to finance your party, the tax grifter way.

Monday, July 22nd, 2013 by Joe Kristan
Via Wikipedia

Via Wikipedia

More taxpayer fertilizer.  Iowa board OKs additional $25M in tax credits for Orascom.  (Quad Cities Times):

The unanimous vote by the board on Friday makes a total of $82.5 million in state tax credit benefits available to Orascom Construction, parent of the Iowa Fertilizer Company.

The $1.8 billion plant is expected to employ as many as 165 workers when completed.

In case you’re wondering, that’s about $500,000 per “permanent job.”  That assumes that the money is actually buying jobs, but the plant almost certainly was going to be built in Iowa without the subsidies.  The $82.5 million only buys politicians press conferences, ribbon cuttings and silver souvenir shovels, with our money.

 

TaxProf, Faber:  ‘Ivory Tower’ Economists Are Wrong: Taxes Play Major Role in Wealthy Fleeing High-Tax States:

Amy Hanauer and Tim Krueger argue that taxes play no role in taxpayer decisions to move from one state to another (The Tax Flight Myth: People Move for Jobs and Family, Not Taxes,  State Tax Notes, July 8, 2013, p. 97 … ). Their conclusions are apparently based on empirical studies and computer models. They are wrong. Based on my experience as a practitioner who works with wealthy individuals and corporations every day, I can assure you that taxes often play a major role in these decisions and that in many cases, they are the sole reason for the move.

That’s right, in my experience.  Taxpayers absolutely take taxes into account when they move, even if it’s hard to isolate in aggregate data.  Tax aren’t everything, but they are definitely something.

Kim Reuben, Detroit’s bankruptcy: What does it mean for other cities? (TaxVox)

Russ Fox, The Flow of AGI from One State to Another

 

Jason Dinesen, Tax Aspects of Renting Your Home for a Day or Two.  Taking in RAGRAI riders can give you some tax-free income.

Robert D. Flach, KEEPING A CONTEMPORANEOUS MILEAGE LOG.  If you want to deduct your mileage, you need to keep your log up to date.

 

Tyler Cowen, Wealth Taxes: A Future Battleground.  Just another way for politicians to cover their profligacy.  Via Arnold Kling, who has more.

TaxGrrrl, Rather Than Tackle Tough Tax Reform, Congress Focuses On The Death Tax. Again.

Kay Bell, The U.S. tax system is not very attractive

William McBride, American Corporations Losing Ground (Tax Policy Blog):

The U.S. corporate tax is the most punitive in the developed world, not just because the statutory corporate tax rate is the highest but also because the effective corporate tax rate is the highest or nearly the highest according to recent studies

TaxProf, The IRS Scandal, Day 74.

 

Tax offender of the year nominee.  I no longer choose a Taxpayer of the Year, but Russ Fox still “honors” a “tax offender of the year.”  I hope he will consider Ayawna Webster, former president of the D.C. Young Democrats and staff aide to a D.C. City Council Member, Harry Thomoas Jr.  The Washington Post reports:

The former chief of staff to one-time D.C. council member Harry Thomas Jr. pleaded guilty Friday to falsifying tax documents in connection with payments for a 2009 political ball…

 According to court documents, [non-profit chief Millicent] West worked with Thomas and Webster to send trust money intended to pay for youth programs to help cover the cost of the party.

Just when you think politicians can’t come up with ways to make you think less of them, they come through.  Looting a fund for poor kids to pay for a “political ball” is notably evil.

 

Brian Mahany, Business Owner Pleads to Hiding Offshore Account

Jack Townsend, Liechtenstein Bank In U.S. Cross-Hairs

 

A video report on Rashia Wilson’s sentencing

She had a sixth-grade education and stole millions from the taxpayers.  When that can happen — over and 0ver – there just may be a problem with IRS controls over refunds.

 

The Critical Question.  Lap Dance Tax?  (Jim Maule)

News you can use.  The Data on Bar Fights (Freakonomics Blog)

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Tax Roundup, 7/3/2013: Effective rate edition. And Pickett’s Charge!

Wednesday, July 3rd, 2013 by Joe Kristan

gao-logoA GAO study of effective tax rates has created some comment in the tax policy blog world.  For example, Howard Gleckman,  Large U.S. Firms Paid a 16.6 Percent Federal Tax Rate (TaxVox):

A new analysis by the Government Accountability Office finds that in 2010 large U.S. corporations paid an average effective tax rate on their worldwide income of 22.7 percent and U.S. federal tax of only about 16.6 percent.  The federal rate was less than half of the 35 percent statutory rate.

Large firms that made a profit that year paid an even lower effective rate—an average of 16.9 percent in worldwide taxes and only 12.6 percent in U.S. federal tax.

The always moderate and restrained Linda Beale chimes in with Corporations Never Had It So Good.

William McBride from the Tax Policy Blog doesn’t see it quite that way in GAO Compares Apples to Oranges to Find Low Corporate Effective Tax Rate:

A new study by the Government Accountability Office (GAO) claims the corporate effective tax rate (ETR) was 12.6 percent in 2010, which is about half the standard estimate found in other studies cited by the GAO and summarized here, here, and here. Based on IRS data, the corporate effective tax rate is about 26 percent  on average, though it dropped in the most recent year of data, 2009, to a little over 22 percent, due to the recession and temporary tax incentives meant to stimulate investment.

Why the difference?

So how did GAO come up with such a low effective tax rate? Mainly by comparing apples and oranges. Particularly, GAO takes the smallest measure of taxes paid and divides it by the largest measure of net income according to financial statements, even though this net income is not the tax base that the corporate tax was meant to apply to. The corporate tax rate applies to taxable income, as defined in the tax code. According to GAO, taxable income in 2010 was $863 billion for profitable corporations, while financial statement income was $1.443 trillion.

It’s true that effective rates on taxable income will never be as high as the stated rate because of tax credits, but the GAO numbers show a misleadingly low burden.

 

The Obamacare employer mandate has been delayed.  My coverage and a roundup: Don’t fire employee #50 just yet: Obamacare employer mandate delayed until 2015

 

Jason Dinesen, Do Iowa Taxes Change as a Result of the DOMA Ruling?  “The answer is: very little changes on Iowa taxes.”

Trish McIntire, DOMA is Dead

 

Joseph Thorndike, Milton Friedman Didn’t Believe in Tax Reform (Tax Analysts Blog).  Getting rid of loopholes, the argument goes, just makes room for new ones.

TaxProf, The IRS Scandal, Day 55 and IRS Hits Tyco With $1 Billion Tax Bill

Janet Novack, IRS Calls Foul Against Estate Of Late Minnesota Twins Owner Carl Pohlad.   “Carl Pohlad’s heirs contend his stake in the MLB club was worth just $24 million. The IRS pegs it at more than 12 times that.”

Zerjav update:  I have updated my post on the St. Louis tax advisor who was sentenced to 18 months in prison to include information from a U.S. Attorneys press release on the details of how the evasion was done.

David Brunori, Cuccinelli’s Corporate Tax Plan Does Not Go Far Enough (Tax Analysts Blog:

The state would be far better off repealing the tax and either 1) reducing spending by $800 million, or 2) finding other sources of revenue. An increase in the personal income or sales tax would be a better idea than trying to tax corporate income.

Amen.

 

Tax Justice Blog, Bad Budgets Become Law in Ohio and Wisconsin.  That probably means the opposite.

Peter Reilly continues to report breaking news from the Battle of Gettysburg:  Did Doris Kearns Goodwin Blow It At Gettysburg ?  I am insanely jealous.  I assume he will torture me with coverage of today’s 150th anniversary of Pickett’s charge.

 

News you can use. The Screaming at EY Has Stopped (Going Concern)

I don’t see what his orientation has do with anything.  Century old barn may’ve been started on fire by flaming raccoon (Radio Iowa)

 

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