The IRS has been focusing on examinations of tax return preparers. These examinations often result in the imposition of civil penalties under Section 6694 and 6695. But they can also result in criminal liability for the tax return preparer. The criminal sentencing guidelines can be problematic for tax return preparers. The Keleta v. United States,… Continue reading When Clients Testify Against Their Tax Preparer
Tax Articles
Using Debits & Credits to Record Transactions
When you record an accounting transaction, you need to make a debit to one account and a credit to another. […]
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Fix to Duplicate IRS Address Problem
The IRS sends taxpayers letters and notices from quite a few different IRS offices. As a result, taxpayers are often confused as to what IRS office to respond to. This is particularly true if the IRS letter or notice includes more than one IRS address. The IRS has maintained a harsh stance on taxpayers who… Continue reading Fix to Duplicate IRS Address Problem
The Mailbox Rule Extends Time to Recoup Tax Refund
Taxpayers often miss tax filing deadlines. This is even true when the IRS owes the taxpayer money back. Taxpayers have a limited time to request a refund of overpayments. The recent Harrison v. Commissioner, No. 3:19-cv-00194 (2nd Cir. 2020) case provides an opportunity to consider these rules–particularly the mailbox rule. Facts & Procedural History This… Continue reading The Mailbox Rule Extends Time to Recoup Tax Refund
Accounting for 1031 Like-Kind Exchange
Section 1031 exchanges are not new. But the rules have changed over time. A Section 1031 or like-kind exchange is […]
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Can “Business Synergies” be an Asset that Increases a Tax Loss?
The tax consequence of a transaction often depends on how one characterizes or describes the transaction. Business synergies are often cited as the rationale for merger and acquisition deals. In a M&A deal, are “business synergies” a separate asset for tax purposes? Can you list “business synergies” as a separate asset and then take a… Continue reading Can “Business Synergies” be an Asset that Increases a Tax Loss?
Timing for Written IRS Manager Approval for Penalties
The courts recently held that penalties have to be abated if the IRS does not obtain written manager approval for the penalties. The IRS has been abating penalties for this since the ruling. But there is a question as to when does the IRS have to obtain manager approval? Is it sufficient that the IRS… Continue reading Timing for Written IRS Manager Approval for Penalties
An Impartial IRS Office of Appeals
While IRS auditors and IRS attorneys typically focus on imposing the most tax possible, the IRS Office of Appeals does not. Appeals is tasked with settling cases. In doing so, Appeals is supposed to be impartial. This allows Appeals to ‘get it right.’ The recent Onyeani v. Commissioner, T.C. Memo. 2020-15 provides an opportunity to… Continue reading An Impartial IRS Office of Appeals
Why It Still Makes Sense to Invest in Real Estate
Investing in real estate has been one way to build wealth. And it makes sense to buy real estate even […]
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Big Tax Savings With ESOP, But Requires Work
An employee stock ownership plan (ESOP) can produce significant income tax savings. This tax savings isn’t exactly free. One has to keep up with the ESOP and the relevant rules to ensure that the tax savings are achieved. This compliance work is required and failure to comply can be costly. The recent Ed Thielking v.… Continue reading Big Tax Savings With ESOP, But Requires Work