There are times when the IRS pursues cases that it should not. If this happens to you and you prevail in your case, you should know that the court may order the IRS to pay your attorneys fees and costs. You usually have to make a “qualified offer” to get this type of award. The… Continue reading IRS to Pay Attorneys Fees: The Qualified “Qualified Offer”
Tax Articles
Bookkeeper Liable for Trust Fund Recovery Penalty
IRS employees are tasked with making decisions. These decisions dictate who owes taxes and penalties and who does not. These decisions are usually made in the context of well trodden areas and by employees who make the same type of decisions over and over. This is due to the volume of disputes that are created… Continue reading Bookkeeper Liable for Trust Fund Recovery Penalty
When is Real Estate Placed in Service?
Several tax laws are triggered by when property is purchased. Other tax laws are triggered when property is placed in service. Depreciation on real estate is a good example. It is triggered when property is purchased and placed in service. These dates raise questions about whether property is placed in service and sits idle or… Continue reading When is Real Estate Placed in Service?
Reporting Illegal Income to the IRS (It’s All About Choices)
Assume you commit a crime and receive a financial windfall. Then you get caught and have to repay the windfall in the form of restitution. Further assume that you have three options when it comes to reporting and paying tax on the illegal income: (1) you file tax returns to report the income and you… Continue reading Reporting Illegal Income to the IRS (It’s All About Choices)
Divorce Planning for Those With IRS Back Taxes
The IRS often audits tax years where there is some change. This includes mergers, significant asset transfers, deaths or even divorces. The reason why it does this is that these transitions create opportunities for savvy taxpayers or pitfalls for the unwary. These transitions also create motives and introduce new parties to income or assets that… Continue reading Divorce Planning for Those With IRS Back Taxes
Saving Taxes: The Cooperative But Innocent Spouse
Innocent spouse relief can provide an excellent remedy to allocate taxes between spouses. While the innocent spouse rules are not all that complex, the application of the rules can be. Part of the complexity comes from the varying motives of the parties. Spouses and former spouses can have a number of different motives for requesting… Continue reading Saving Taxes: The Cooperative But Innocent Spouse
IRS Refunds in Collection Due Process Cases
The refrain from the Rolling Stones song, Satisfaction, says “I can’t get no satisfaction.” That is a common refrain when it comes to the IRS and owing back taxes. Congress has provided a myriad of rules and remedies for taxpayers when it comes to taxes. If the taxpayer is lucky enough to have a remedy,… Continue reading IRS Refunds in Collection Due Process Cases
Can You Sue the IRS for Damages?
There are times when IRS employees violate the law. This includes intentional and negligent conduct that violates the law. Many of these violations go unreported. This is often for fear of retaliation or lack of resources. It may also be due to a belief that there is no remedy for taxpayers in this situation. The… Continue reading Can You Sue the IRS for Damages?
IRS Documentation for Travel Expenses
Business travel expenses are deductible. These are expenses for business trips and work trips, such as car and truck expenses, airfare and hotels and lodging. It can also include travel meals. Those looking to deduct business trip expenses are running a risk as the IRS frequently disallows these expenses on audit. It does so even… Continue reading IRS Documentation for Travel Expenses
Does Nominee Tax Liability Extend to Employees?
There is a large segment of our population that owe back taxes to the IRS. Whether you know of their situation, chances are good that you know someone who owes back taxes. Chances are good that you have unwittingly transacted business with an individual or business that owes back taxes. You may have even worked… Continue reading Does Nominee Tax Liability Extend to Employees?