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TOPICS / TAX

IRS Alternative Dispute Resolution Programs

The IRS recently extended its fast track settlement program to certain exempt and government entities and announced the establishment of a two-year test of mediation and arbitration procedures for offers in compromise and trust fund recovery penalty cases under the jurisdiction of the Office of Appeals. TEGE FAST TRACKThe Tax

Taxes in Troubled Times

The IRS has acknowledged there’s plenty of pain to go around in the current economic downturn. Financially strapped taxpayers can take advantage of several relief initiatives and provisions that could lessen their tax bite. Those with investments posting a loss may be able to “harvest” it or at least reposition

Stimulus Act Eases Taxes for Individuals, Small Businesses

With the enactment of the American Recovery and Reinvestment Act of 2009 on Feb. 17, Congress delivered a smorgasbord of tax relief items to individual taxpayers and small businesses. While the specifics of those measures were the subject of whirlwind conference negotiations in Congress, the outcome reflects an attempt to

IRS Revises Inflation Adjustment Amounts

On Friday, the IRS issued Rev. Proc. 2009-21, which modifies the inflation-adjusted amounts to be used for certain tax credits in 2008 and 2009. The modified numbers reflect recent statutory changes by the Tax Extenders and Alternative Minimum Tax Relief Act of 2008, PL 110-343 (Tax Extenders Act), and the

CRS Reports on Capital Loss Treatment

The Congressional Research Service (CRS) has released a report analyzing the effects of a proposed increase in the net capital loss limitation. Currently, noncorporate taxpayers can net capital gains and losses and can use up to $3,000 in capital loss to offset ordinary income for that tax year (IRC §

IRS Advises How Part Owners Handle $1 Million Mortgage Deduction Limit

The IRS Office of Chief Counsel has issued a memorandum outlining how partial owners of a principal residence with a mortgage bigger than $1 million should handle their mortgage deduction (CCA 200911007). Under IRC § 163(h)(3), taxpayers can deduct interest paid on certain mortgages and home equity loans, but the

IRS Releases Guidance for Ponzi Scheme Investors

Because the Ponzi scheme perpetrated by Bernard Madoff involved potentially thousands of taxpayers, the IRS has issued guidance on the tax aspects of losses from a Ponzi scheme and created a safe harbor under which investors can claim theft loss deductions. IRC § 165(a) allows taxpayers to deduct losses sustained

International Tax Provisions Introduced and to Be Considered This Year

President Obama’s budget proposal for the 2010 fiscal year includes “certain international tax reform and enforcement measures,” but the only detail on this is the following one-line item from the associated revenue table: “implement international enforcement, reform deferral, and other tax reform policies.” This is estimated to raise $210 billion

IRS Lowers Interest Rates on Over- and Underpayments

The IRS announced that interest rates on tax overpayments and underpayments will drop by one percentage point for the quarter starting April 1 (Rev. Rul. 2009-7). IRC § 6621 establishes the interest rates on tax overpayments and underpayments. The rates are based on the federal short-term rate (most recently published

Appeals Court Finds $20 Million Bonus Reasonable

The Seventh Circuit Court of Appeals reversed a Tax Court decision that held that most of an executive’s $20 million compensation was unreasonable and therefore a nondeductible dividend (Menard, Inc., No. 08-2125 (7th Cir. 3/10/09), rev’g T.C. Memo. 2005-3). John Menard is founder and CEO of Menard Inc. In 1998,

Green Energy Incentives Among Recovery Act’s Tax Provisions

From fitting a home with energy-efficient windows to harnessing the power of waves and tides, activities that conserve energy or produce it from clean and renewable sources enjoy new or expanded tax credits in the American Recovery and Reinvestment Act of 2009 (ARRA). The next generation of electric vehicles gets

Taxpayers Receiving Bigger Refunds This Season

With five and a half weeks to go in tax season, the IRS reports that more taxpayers have filed returns this year than last and that those taxpayers are receiving larger refunds. As of Feb. 27, individual taxpayers had filed 56 million returns with the IRS, a slight increase over

Concerns About CPA Letters to Third Parties

A CPA receives a request from a client to provide a letter to the client’s mortgage broker, lender, adoption agency, or other third party. The request seems simple enough and harmless. All the client asks is that the CPA verify that this is her client, that she has been preparing

Sixth Circuit Upholds Use of Life Tables for Lottery Lump Sum

The Sixth Circuit Court of Appeals ruled in Carol J. Negron v. U.S., docket no. 07-4460, that the IRS annuity tables of IRC § 7520 provide a realistic and reasonable estate valuation of a state lottery prize paid as a lump sum. In so doing, it reversed a district court’s

Creating Joint Ownership: Avoiding the Tax Traps and Other Pitfalls

Last month’s column showed how adding a child or other nonspouse family member to the title of property as a joint tenant can create unintended consequences of deemed gifting for gift tax purposes. In that illustration, Jack added his daughter, Liz, as joint owner of rental property, immediately triggering a

Two Out of Three Not Good Enough

The Tax Court ruled that a taxpayer was not entitled to claim a theft loss where he failed to show he had no reasonable chance of recovering his stolen money during the tax year in question. From 1999 to 2001 Dominick Vincentini, a resident of Michigan, was involved with Anderson

Private Annuity Defers Gain

A taxpayer was permitted to defer capital gain when he transferred appreciated capital assets in exchange for a private annuity. The Tax Court held the arrangement met the requirements of Revenue Ruling 69-74, 1969-1 C.B. 43, and thus the capital gain could be deferred until the taxpayer began receiving payments

Worker Classification Still Troublesome

The Tax Court ruled that a worker was an employee rather than an independent contractor partly because he was paid a daily rate during the four years he worked for an energy company and he supervised other employees. The worker classification issue has been a headache for taxpayers and the

Erroneous LIFO Methodology

A mistake made in a taxpayer’s last-in, first-out (LIFO) computation may repeat in later-year returns if staff preparing the computation take a “same as last year” approach. When the mistake ultimately is detected, there is a question of whether the mistake represents a method of accounting or an error. Huffman

IRS Releases New Withholding Tables

The IRS on Monday released withholding tables that reflect a new tax credit, dubbed the making work pay credit, created by the stimulus package. The making work pay credit was created by the American Recovery and Reinvestment Act, PL 111-5, which President Obama signed on Feb. 17. The credit equals

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