How do you prove that you mailed a tax return to the IRS? This may sound like a simple question to answer. It isn’t. The have been and continue to be disputes involving this very issue. The recent In Re McGrew, No. 13-00149 (Bank. N.D. IA 2016) provides an example. Facts & Procedural History McGrew filed… Continue reading Proving that You Mailed a Tax Return to the IRS
Tax Articles
10 Common Complaints About Tax Return Preparers
Do you have a complaint about your tax return preparer? You may be surprised to learn that there are a number of IRS programs to file formal complaints about the tax return preparer. Complaints About Tax Return PreparersHere are ten of the common complaints that are filed with the IRS about tax return preparers: Claims false exemptions or dependents or claims false expenses, deductions, or credits on your tax return. Files a tax return that does not match the the copy provided to you. Fails to
“One of its Principal Purposes” for an Installment Sale
What if you could transfer depreciable assets from one legal entity that you own to another legal entity that you own, not report the gain from the sale until some future year, and then step up the tax basis in the assets due to the sale and start taking increased depreciation deductions using the stepped […]
The post “One of its Principal Purposes” for an Installment Sale appeared first on Houston Tax Attorney: Texas Lawyer.
“One of its Principal Purposes” for an Installment Sale
What if you could transfer depreciable assets from one legal entity that you own to another legal entity that you own, not report the gain from the sale until some future year, and then step up the tax basis in the assets due to the sale and start taking increased depreciation deductions using the stepped… Continue reading “One of its Principal Purposes” for an Installment Sale
IRS Will Not Follow Court’s Holding for Customer Rewards Program
The IRS issued AOD 2016-03 to indicate that it will not follow the Third Circuit Court of Appeals decision in Giant Eagle, Inc. v. Commissioner, 822 F.3d 666 (3rd Cir. 2016), rev’g T.C. Memo 2014-146. The issue is whether costs for a rewards program are deductible in the year the rewards are earned by the […]
The post IRS Will Not Follow Court’s Holding for Customer Rewards Program appeared first on Houston Tax Attorney: Texas Lawyer.
IRS Will Not Follow Court’s Holding for Customer Rewards Program
The IRS issued AOD 2016-03 to indicate that it will not follow the Third Circuit Court of Appeals decision in Giant Eagle, Inc. v. Commissioner, 822 F.3d 666 (3rd Cir. 2016), rev’g T.C. Memo 2014-146. The issue is whether costs for a rewards program are deductible in the year the rewards are earned by the… Continue reading IRS Will Not Follow Court’s Holding for Customer Rewards Program
Emotional Distress or Physical Sickness Resulting in Emotional Distress
In Tishkoff v. Commissioner, T.C. Summary Opinion 2016-65, the court considered whether a lawsuit settlement payment was subject to income tax. The question was whether the payment to the taxpayer was for her for emotional distress or for personal physical sickness that resulted in emotional distress. One is taxable, the other is not. The taxpayer […]
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Is a Lawsuit Award Payment Taxable?
If you receive payments from a lawsuit settlement award, are the payments excluded from Federal income tax? What if the payments are for claims of emotional distress or physical sickness? The Tishkoff v. Commissioner, T.C. Summary Opinion 2016-65, case provides an opportunity to consider these rules. Facts & Procedural History The taxpayer worked for Wells Fargo… Continue reading Is a Lawsuit Award Payment Taxable?
Accuracy Related Penalties Do Not Apply to Full Understatement of Tax
In Hatcher v. Commissioner, T.C. Memo. 2016-188, the court considered a very common error IRS agents make in computing the Section 6662 accuracy related penalty. The IRS applied the penalty to the entire understatement of tax, rather than the portion of the understatement that was not subject to the reasonable cause defense. This is one […]
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Accuracy Related Penalties Do Not Apply to Full Understatement of Tax
In Hatcher v. Commissioner, T.C. Memo. 2016-188, the court considered a very common error IRS agents make in computing the Section 6662 accuracy related penalty. The IRS applied the penalty to the entire understatement of tax, rather than the portion of the understatement that was not subject to the reasonable cause defense. This is one… Continue reading Accuracy Related Penalties Do Not Apply to Full Understatement of Tax