During the course of litigating a tax matter, the IRS may increase the amount of tax, penalties, and interest that it alleges the taxpayer owes. The IRS is typically allowed to do this. If it does, the IRS may have a harder time prevailing on this type of issue. This “new matter” rule was recently… Continue reading When the IRS Raises A New Matter on the Eve of Trial
Tax Articles
Can the IRS Take Property Purchased in a Business Name?
If you owe the IRS back taxes but want to buy real estate or some other type of property, can you form a legal entity and use it to acquire property and thereby put the property is beyond the IRS’s …
Deducting Fringe Benefits for Family Members
Small business owners often look for ways to reduce their taxes. With family businesses, these plans often involve employing the owner’s children. This raises the question of whether a small business owner employ their children as independent c…
Deducting Fringe Benefits for Family Members
Small business owners often look for ways to reduce their taxes. With family businesses, these plans often involve employing the owner’s children. This raises the question of whether a small business owner employ their children as independent contractors and deduct seemingly personal expenses for the children as fringe benefits if the children did in fact… Continue reading Deducting Fringe Benefits for Family Members
The Government’s Ability to Recoup Tax Preparation Fees
Tax preparers can grow their businesses in a short period of time by filing fraudulent tax returns. As word spreads about the size of the refunds these preparers are able to secure for their clients, the preparers pick up new …
The post The Gov…
The Government’s Ability to Recoup Tax Preparation Fees
Tax preparers can grow their businesses in a short period of time by filing fraudulent tax returns. As word spreads about the size of the refunds these preparers are able to secure for their clients, the preparers pick up new clients and increase the amount of fees they earn. These noncompliant tax return preparers are… Continue reading The Government’s Ability to Recoup Tax Preparation Fees
IRS Refuses to Enforce Lien, Leaving Taxpayer Without Recourse
If the IRS has a superior lien on real estate, it should enforce its lien and apply the sales proceeds to reduce the taxpayer’s unpaid taxes. But what if there is a junior lien that acquires the real estate first? …
Credit for Employment Taxes Reported in Error for Another Entity
If employment taxes are paid by one legal entity but incorrectly reported to the IRS for another legal entity, can the entity that paid the taxes get credit for the payment? The IRS said ‘no;’ the U.S. Tax Court said …
The post Credi…
Credit for Employment Taxes Reported in Error for Another Entity
If employment taxes are paid by one legal entity but incorrectly reported to the IRS for another legal entity, can the entity that paid the taxes get credit for the payment? The IRS said ‘no;’ the U.S. Tax Court said ‘yes.’ The case is E.C.C.B.A. v. Commissioner, T.C. Memo. 2018-55. Facts & Procedural History The case… Continue reading Credit for Employment Taxes Reported in Error for Another Entity
Managing IRS Debts With Retirement Account Assets
Retirement accounts can present a number of challenges when trying to resolve an IRS debt. The IRS considers a retirement account as an asset in its collection analysis. The recent Scanlon v. Commissioner, T.C. Memo. 2018-51, court case provides an …