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TOPICS / TAX

IRS to Register and Test Signing Preparers

The IRS on Jan. 4 said it will require registration of paid, signing tax return preparers as well as competency testing and continuing education for preparers other than practitioners (CPAs, attorneys and enrolled agents and others authorized to practice before the IRS). The plan also calls for extending the requirements

NOL Carrybacks and the Statute of Limitation

With the introduction of the five-year net operating loss (NOL) carryback in IRC § 172(h) many taxpayers are now examining their tax situations to determine how to best take advantage of the new rules. However, as taxpayers evaluate their situations, they should also consider the impact that carryingback an NOL

Voluntary Tax Payment Not Exempt From Early Withdrawal Penalty

Although paying a tax levy can exclude early IRA withdrawals from an otherwise applicable 10% penalty, a notice of intent to levy does not have the same effect, the Tax Court held. If a taxpayer is under 59½ years old, IRC § 72(t) generally imposes an additional penalty tax of

Allowed Uses of Taxpayer Info Widened

The IRS in late December issued temporary and proposed regulations under IRC § 7216 clarifying and expanding the ways in which tax return preparers may disclose or use certain tax return information without taxpayer consent (TD 9478 and REG-131028-09). The IRS also issued two revenue rulings approving several scenarios involving

IRS Issues 2010 Updates for Automobile Depreciation Deduction Limits

The IRS provided the 2010 inflation adjustments to the depreciation limitations and lease inclusion amounts for certain automobiles under IRC § 280F (Revenue Procedure 2010-18). For passenger automobiles (other than trucks or vans) placed in service during calendar 2010, the depreciation limit under IRC § 280F(d)(7) is $3,060 for the

Tax Consequences of Rollovers from Employer Plans to Roth IRAs

Starting in 2010, taxpayers can make rollovers from non-Roth retirement accounts to Roth individual retirement accounts (IRAs) without regard to the former $100,000 modified adjusted gross income (AGI) limit and (in 2010 only) can benefit from a special two-year averaging provision (the taxable portion of the rollover is taxed in

Request for Audit Reconsideration

IRC § 6404(a) allows the IRS to abate any assessment of tax and applicable interest and/or penalties if the assessment is excessive, erroneously or illegally made, or made after the statute of limitation has expired. If an erroneous assessment has been made and a taxpayer has not paid it, under

Obtaining a Power of Attorney Through IRS E-Services

E-services is a suite of Internet-based products that allows tax professionals to conduct client business with the IRS 24 hours a day, 7 days a week. Compared with mailing or faxing a Form 2848, Power of Attorney and Declaration of Representative, the e-services application is a much faster way for

Tax Court Allows Medical Deduction for Sex Change Operation

In a case of first impression, the Tax Court has held that a taxpayer can take a medical expense deduction for the costs of a sex change operation (O’Donnabhain, 134 TC no. 4). However, the taxpayer’s expenses for breast augmentation surgery were disallowed by the court as cosmetic surgery. The

Solar Energy Systems: Incentives Are Better Than Ever

The 30% federal tax credit available to homeowners and businesses to install solar energy systems was recently expanded and extended. A dollar-amount cap was removed from the credit for residential solar water heating systems, and the availability of the credit for all systems was extended through the end of 2016.

Alimony Determined

The doctrine of collateral estoppel did not bar the IRS from assessing a deficiency for an underpayment it had conceded in a Tax Court stipulated decision concerning the same issue in the immediate prior tax year, the Tax Court held. The underpayment stemmed from what the IRS ultimately claimed, and

Line Items

FINAL REGS CLARIFY INSTALLMENT TAX PAYMENTS The IRS issued final regulations governing the payment of tax liabilities in installments (TD 9473). The regulations reflect changes to the Tax Code made by acts going as far back as 1996. IRC § 6159 allows taxpayers who cannot pay their tax liabilities in

Improve Tax Tracking With Automated Workflow

“Why should we change the way we track tax work through the office? Isn’t the manual system better?” I have heard these types of questions many times over the years, and it never surprises me because accountants, like many of us, don’t like change. Firms that use a manual system

Equitable Relief Partially Granted

The Tax Court held that a taxpayer was entitled to equitable relief under IRC § 6015(f) for her husband’s half of the additional 2002 and 2003 federal income tax liabilities reported on court-ordered amended joint tax returns, since she had no reason to believe her ex-husband would not pay his

Obama Outlines Proposed Tax Credits, Other Changes

President Barack Obama, in a State of the Union address Wednesday that focused heavily on job creation, proposed several business and individual tax credits. Obama called for a new tax credit for small businesses that hire workers or raise wages as well as the elimination of all capital gains tax

IRS Updates Rules on Adequate Disclosure

The IRS has updated its guidance on the rules governing when disclosure of an item or position on a tax return constitutes “adequate disclosure” for purposes of reducing an understatement of income tax or avoiding certain tax return preparer penalties (Revenue Procedure 2010-15). The guidance applies only to the substantial

Senate Passes Haiti Assistance Income Tax Relief

The Senate on Thursday passed by unanimous consent the Haiti Assistance Income Tax Relief Act (S. 2936). The Senate bill was identical to H.R. 4462, passed by the House on Wednesday. The legislation now goes to President Barack Obama for his signature; he is expected to sign it this week.

House Unanimously Passes Haiti Donation Bill

The House of Representatives on Wednesday unanimously passed a bill that would allow taxpayers to accelerate deductions for charitable contributions made for relief of victims of the earthquake in Haiti (HR 4462). Under the bill, taxpayers could deduct donations made in 2010 on their 2009 returns. Donations covered by the

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