Transferring Property to a Spouse After IRS Lien

There are a number of difficult questions that come up when one spouse owes the IRS and also owns property jointly with their spouse. The question is often whether the spouses can transfer the property to the non-liable spouse. The …
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Transferring Property to a Spouse After IRS Lien

Credit For Employment Taxes Reported In Error For Another Entity

There are a number of difficult questions that come up when one spouse has a debt with the IRS and also owns property jointly with their spouse. The question is often whether the spouses can transfer the property to the non-liable spouse. The answer is, maybe. The court recently addressed this in U.S. v. Gerard,… Continue reading Transferring Property to a Spouse After IRS Lien

Applying Tax Overpayments to Later Years is Usually a Bad Idea

Instead of requesting a refund, taxpayers can ask the IRS to hold the overpayment and apply it to the taxpayer’s tax liability for the following year. These tax payment credits can result in significant headaches. The recent Schuster v. Commissio…

Published
Categorized as Tax Blog

Applying Tax Overpayments to Later Years is Usually a Bad Idea

Credit For Employment Taxes Reported In Error For Another Entity

Instead of requesting a refund, taxpayers can ask the IRS to hold the overpayment and apply it to the taxpayer’s tax liability for the following year. These tax payment credits can result in significant headaches. The recent Schuster v. Commissioner, No. 17-11647 (11th Cir. 2018) case provides an example of why taxpayers should request refunds… Continue reading Applying Tax Overpayments to Later Years is Usually a Bad Idea

Establishing Tax Basis in IRA Contributions

Establishing Tax Basis In Ira Contributions

Contributions to IRAs are deductible.  If not deductible, the taxpayer has basis in his IRA so that this amount is not taxable when taken out of the IRA.  The idea is that the taxpayer probably paid income taxes on the money prior to putting it into the IRA and should not be taxed on it… Continue reading Establishing Tax Basis in IRA Contributions

Failures in Reporting Taxes is Not Tax Obstruction

Failures In Reporting Taxes Is Not Tax Obstruction

Does a taxpayer commit a felony offense if they pay a babysitter without withholding taxes, fail to keep receipts for charitable donations, or neglect to provide every record to an accountant? A strict reading of the law would suggest that these actions are felony offense. The U.S. Supreme Court recently addressed this in Marinello v.… Continue reading Failures in Reporting Taxes is Not Tax Obstruction

What is a Real Estate Trade or Business?

What Is A Real Estate Trade Or Business?

There are a lot of questions about the new Sec. 199A pass thru deduction.  One question is whether real estate will qualify as a trade or business.  Since it is not defined in Sec. 199A, general tax law will apply.  There are a number of court cases on point.  The court recently issued its opinion… Continue reading What is a Real Estate Trade or Business?