Articles Sorted by Category

ACA Penalties (1)
- Does the IRS Have Authority to Certify ACA Employer Penalties?
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Accounting Method (13)
- Missed Opportunity When a Partner Dies: the Section 754 Election
- When You Can’t Deduct Annual Business Expenses
- Court Clarifies Tax Treatment of Loyalty Programs
- Accounting for Interest Deductions as a Tax Planning Option
- Triggering Losses by Selling a Business: NQDC Example
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Accuracy Penalties (7)
- Is a Taxpayer Accountable for their Tax Preparer’s Fraud?
- Software Failures Can be Reasonable Cause for IRS Penalties
- Frivolous Tax Returns Avoid Accuracy-Related Penalties
- Court: Complex Tax + Professional Advice = No Tax Penalty
- Substantial Authority, When the Authority is Not Clear
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Amended Tax Returns (27)
- What “Authority” for Accountant Nullifies the Disability Exception for Tax Refunds?
- COVID-19 Extended Tax Deadlines Longer Than Many Realized
- You Can’t Raise What You Didn’t Know: The Variance Doctrine
- Does DOJ Referral Strip IRS of Power to Process Refund Claim?
- When the IRS Agrees You’re Right But the Court Says You’re Wrong
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Bankruptcy Tax (19)
- Paying Taxes to the IRS Prior to Filing Bankruptcy
- The “Wait & See” Approach to IRS Tax Debts
- Does Nominee Tax Liability Extend to Employees?
- IRS Audits for Insolvent Taxpayers
- The IRS Isn’t Charged With Knowledge of Other Federal Agencies
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Business Sale (1)
- Settling Debts in an Asset Purchase: Immediate Deduction or Capitalized Cost?
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Business Tax (39)
- Contribution of A Note to a Subsidiary: The Zero-Basis Rule
- Can an Active Limited Partner Avoid Self-Employment Tax?
- Tax Planning for Net Operating Loss Carryback Elections
- Business Owner Liable for Tax Incurred by a Buyer After the Sale of the Business?
- What Makes a Partnership Transaction a Disguised Sale?
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C Corporation Tax (10)
- Business Owner Liable for Tax Incurred by a Buyer After the Sale of the Business?
- Income Shifting to Reduce Tax for Real Estate Sale
- The Disguised Dividend for Owner-Employees
- Tax Implications of Debt vs. Equity in Related Entities
- Overcoming the IRS’s Constructive Dividends Argument
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Cancellation of Debt (8)
- Can You Create Deductions by Forgiving Debt to Your Own Entities?
- Can You Still Owe Taxes on a Loan That’s 10 Years Old?
- COD Income: Do You Count Pension Payments?
- Avoiding Tax on Discharge of a Mortgage
- Reporting Debt Discharged in a Court Settlement to the IRS
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Capital vs. Ordinary (11)
- Convert Interest Income to Capital Gains on Sales by Omitting Interest?
- Taxation of Variable Prepaid Forward Contracts
- Tax Deductions for Non-Facilitating Costs for IP, M&A & Real Estate
- Investment vs. Business Tax Losses
- When is Rental Real Estate a Business?
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Captive Insurance (1)
- Captive Insurance Tax Deductions Denied, No Risk Distribution
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Charitable Deduction (11)
- Can a Missing Statement in a Donation Letter Cost You the Entire Deduction?
- Charitable Deductions for Defective Inventory
- Charitable Tax Deductions & Bargain Sales
- Tax Benefits of Charitable Remainder Trusts
- Reasonable Cause & Reporting Charitable Donations
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Choice of Entity (5)
- Tax Planning With Disproportionate Distributions from S Corporation
- Limited Partners May be Subject to Self-Employment Tax
- Forget the 5-Year Rule – Change Entity Classification Early
- Choice of Entity: Tax Plans for Pharmacies
- Qualifying for Section 1244 Stock Losses
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Conservation Easement (3)
- Can a Missing Statement in a Donation Letter Cost You the Entire Deduction?
- Retaining Rights With a Charitable Conservation Easement
- Conservation Easement Denied for Private Golf Course
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Depreciation (15)
- Selling a Furnished Vacation Home: Allocating Between Real & Personal Property
- Missed Opportunity When a Partner Dies: the Section 754 Election
- Immediate Expensing for Real Estate Costs
- The Short-Term Rental Tax Rules
- Tax Deductions for Non-Facilitating Costs for IP, M&A & Real Estate
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Economic Substance Doctrine (7)
- What Makes a Partnership Transaction a Disguised Sale?
- A Government Step Transaction Doctrine
- Income Shifting to Reduce Tax for Real Estate Sale
- The Stock Sale as a Sham Transaction
- The Broad Reach of the Economic Substance Doctrine
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Employee Benefits (10)
- Do You Report Stock an Employer Mistakenly Gave You to the IRS?
- Is Military Pension Taxable (Answered)
- Retired Pilot Taxed on Flights Employer Provided to Relatives
- Is a Gift to a Former Employee Taxable?
- Tax Court Clarifies Employee Tool Plans
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Employee Retention Credit (1)
- No AutomaticDenial for ERC Claims Below 10% Threshold
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Employment Tax (18)
- Who Gets the Tax Credit When You Outsource Payroll to a PEO?
- What is a Statutory Employee and Who Qualifies?
- Can Limited Partners be Subject to Self-Employment Tax?
- Income Tax Due for Business Use of Employee Tax Withholding
- Can the IRS Collect When the IRS Owes the Taxpayer?
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Estate & Gift (21)
- Can the IRS Ignore Your Request for an Estate Tax Valuation Explanation?
- Gift Tax Triggered for Termination of Trust After Death
- Navigating Late GST Tax Elections: Maximizing Exemptions for Trusts
- Buy-Sell Agreements & Perils of the Estate Tax
- Gift Tax Return for Wrong Year Starts IRS Statute of Limitations
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Excise Tax (2)
- Navigating the Highway Transportation Excise Tax
- Fifth Circuit Expands Tire Import Excise Tax
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Federal Income Tax (233)
- Can a Missing Statement in a Donation Letter Cost You the Entire Deduction?
- Can Your Business Deduct Credit Card Interest When the Card Is in Your Name?
- Who Gets the Tax Credit When You Outsource Payroll to a PEO?
- Selling a Furnished Vacation Home: Allocating Between Real & Personal Property
- Missed Opportunity When a Partner Dies: the Section 754 Election
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Filing & Payment Penalties (11)
- Software Failures Can be Reasonable Cause for IRS Penalties
- Signature Not Required on Tax Return for Criminal Liability
- Can You File a Zero-Income Tax Return if You Do Not Owe Any Tax?
- Family Court Orders are No Excuse for Unpaid Taxes
- Rejected e-File Return is a Valid Tax Return
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Foreign Penalties (11)
- Do FBAR Penalties Die With the Taxpayer?
- FBAR Penalties Are Unconstitutionally Excessive
- IRS Cannot Assess Foreign Information Return Penalties
- No Collection Rights for IRS-Assessed FBAR Penalties
- Court Says IRS Can Assess Form 5471 Penalties
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Fraud Penalties (9)
- Can a Criminal Prosecution Delay a Civil Tax Case?
- Is a Taxpayer Accountable for their Tax Preparer’s Fraud?
- Conduct During IRS Audit Evidence of Tax Return Fraud
- Signature Not Required on Tax Return for Criminal Liability
- When the IRS Comes Knocking: Addressing Tax Fraud
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Innocent Spouse Relief (17)
- Taxes and Flow-Through Entities in Divorce
- Allocations After Innocent Spouse Relief Granted
- Late-Filed Tax Returns & Excess Collections
- A New Beginning for Innocent Spouse Relief
- Saving Taxes: The Cooperative But Innocent Spouse
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Installment Agreement (12)
- Can the IRS Deny Your Installment Agreement Because of Home Equity?
- Can the IRS Walk Away from an Installment Agreement?
- Installment Agreements Can Extend the IRS Collection Deadline
- Can the IRS Require Personal Information for a Business Tax Debt?
- IRS Collections: Can Taxpayers Rely on IRS Statements?
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Installment Sale (5)
- Can a Failed ESOP be Saved by Installment Sale Rules?
- About the Monetized Installment Sale
- Installment Sale Treatment for Mobile Home Trailers
- The Timing Trap: Failed Installment Sales
- Using an Installment Sale in Related Party Deal to Avoid Federal Tax
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Interest Deduction (1)
- Can Your Business Deduct Credit Card Interest When the Card Is in Your Name?
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International Tax (31)
- Do FBAR Penalties Die With the Taxpayer?
- FBAR Penalties Are Unconstitutionally Excessive
- IRS Cannot Assess Foreign Information Return Penalties
- Fifth Circuit Expands Tire Import Excise Tax
- IRS Collections: Different Rules for Foreign Debts?
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Involuntary Conversion (1)
- Voluntary Sale In Advance of Forced Auction an Involuntary Conversion?
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IRS Appeals (18)
- Can the IRS Deny Your Installment Agreement Because of Home Equity?
- An Offer of IRS Appeals Review Can Preclude Judicial Review
- When Providing Information to the IRS Discloses Additional Tax Due
- Sidestep Tax Court Review by Applying Overpayments
- When the IRS Fails to Timely Respond: Who Pays?
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IRS Audits (81)
- Can Your Business Deduct Credit Card Interest When the Card Is in Your Name?
- If You Never Received a Form 1099, Do You Still Have to Report the Income?
- Can the IRS’s Automated System Issue a Valid Notice of Deficiency?
- The IRS Audit Credit-Card-to-Cash Estimation Method for Cash Businesses
- When Providing Information to the IRS Discloses Additional Tax Due
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IRS Debts (121)
- What If You Don’t Show Up to Your CDP Hearing?
- Can the IRS Deny Your Installment Agreement Because of Home Equity?
- Can Corporate Suspension Foreclose U.S. Tax Court Review
- Can the IRS Walk Away from an Installment Agreement?
- When the IRS Levies Estate Property, Whose Fight is it?
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IRS Interest (12)
- Avoid IRS Interest With Credit Elects
- Using Contract Law to Avoid IRS Interest
- Is a Taxpayer Liable for Interest if the IRS Delays an Audit?
- Revocation of Nonprofit Status Triggers Retroactive Interest
- Wholly Owned Corp and Parent Not the “Same Corporation” for Interest Netting
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IRS Liens & Levies (36)
- Can the IRS Deny Your Installment Agreement Because of Home Equity?
- Can Corporate Suspension Foreclose U.S. Tax Court Review
- Can the IRS Walk Away from an Installment Agreement?
- When the IRS Levies Estate Property, Whose Fight is it?
- The IRS Collection System is Broken
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IRS Misconduct & Disclosure (7)
- Tee Time on Taxpayers’ Dime: IRS Employee Golfing on the Job
- Limiting IRS Access to Your CPA & Tax Attorney Records
- Think Twice Before Handing Records to the IRS
- Can IRS’ Unauthorized Disclosure Trigger Punitive Damages?
- IRS Agents Contact Third Parties During IRS Audit
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IRS Passport Certification (2)
- What Makes a Tax Debt “Legally Enforceable” for Passport Certification?
- Contesting the IRS’s Passport Certification for Back Taxes
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IRS Penalties (65)
- An Offer of IRS Appeals Review Can Preclude Judicial Review
- Can Jury Trial for IRS Penalty be Conditioned on Paying the Penalty First?
- Can a Criminal Prosecution Delay a Civil Tax Case?
- Is a Taxpayer Accountable for their Tax Preparer’s Fraud?
- Software Failures Can be Reasonable Cause for IRS Penalties
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IRS Summons (4)
- The Collection Exception to Notice for IRS Summons
- The Crime-Fraud Exception to the Attorney-Client Privilege
- The IRS’ Power to Fish for Records
- IRS Contacts With Government Agencies
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Lawsuit Awards (14)
- Attorney Fees in Tax Litigation: Jury Says Yes, Judge Says No
- The Non-Taxable Return of Capital
- IRS Guidance on Structuring Attorneys Fees
- Tax on Damages for Loss of Consortium
- Tax on Payment for Being Born With Medical Condition
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Loans (2)
- When Does a Promissory Note Create Basis in Controlled Company Stock?
- What is a Bona Fide Loan for Tax Purposes?
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Lottery & Gambling (9)
- How to Substantiate Gambling Tax Losses
- Can Gambling Losses be Deducted as Casualty Losses?
- Early IRA Distribution, Gambling Not a Disability
- Opting Out of Gaming Industry Tip Compliance
- Tax on Nonresident Alien Gambling Winnings
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Marriage & Divorce Tax (18)
- Taxes and Flow-Through Entities in Divorce
- Recovering Taxes Paid for Another Party
- A New Beginning for Innocent Spouse Relief
- Married Filing Separate Spouse Liable for Tax
- Divorce Planning for Those With IRS Back Taxes
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Mitchell Tax Law (1)
- When Does a Promissory Note Create Basis in Controlled Company Stock?
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Nonprofit Tax (6)
- Churches, Families, and Private Inurement
- Business Condo Association Denied Non-Profit Status
- Funeral Expense Organization Denied Nonprofit Status
- Revocation of Nonprofit Status Triggers Retroactive Interest
- Non-Profit No More: The Defunct Non-Profit
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Offer in Compromise (22)
- Settling Tax Debts Based on “Future Income” for Business Owners
- IRS Collections: Can Taxpayers Rely on IRS Statements?
- IRS Can Revoke Your Offer in Compromise if it Does Not Like You
- CDP Hearings and OICs: When Does the 24-Month Clock Stop?
- Resolving IRS Taxes: What is “Future Income”?
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Partnership Tax (13)
- Contribution of A Note to a Subsidiary: The Zero-Basis Rule
- Can an Active Limited Partner Avoid Self-Employment Tax?
- Missed Opportunity When a Partner Dies: the Section 754 Election
- What Makes a Partnership Transaction a Disguised Sale?
- Tax Court Strikes IRS Timeline for Partnership Adjustments
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Passive Activity Losses (11)
- Short-Term Vacation Rentals and Material Participation
- A Government Step Transaction Doctrine
- Restructured Business Fails Passive Activity Loss Rules
- What is a Rental Activity?
- Court Addresses Tax Losses from Short-Term Rentals
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Premium Tax Credit (1)
- The Premium Tax Credit Trap
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Promoter Penalties (2)
- An Offer of IRS Appeals Review Can Preclude Judicial Review
- Can Jury Trial for IRS Penalty be Conditioned on Paying the Penalty First?
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Real Estate (30)
- Selling a Furnished Vacation Home: Allocating Between Real & Personal Property
- Real Estsate Construction Delays Kill Tax Deductions
- Converting a House to Rental Use
- Claiming a Casualty Loss for Property You Don’t Own
- Section 179D Tax Deduction Claimed in Final Year
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Reasonable Cause (22)
- Family Court Orders are No Excuse for Unpaid Taxes
- Does E-Filing Change Late Tax Filing Penalties?
- Court: Complex Tax + Professional Advice = No Tax Penalty
- Failure to Review Tax Return Voids Penalty Defense
- Avoiding Tax Penalties for Bookkeeper’s Mistakes
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Recordkeeping (27)
- Can Your Business Deduct Credit Card Interest When the Card Is in Your Name?
- The IRS Audit Credit-Card-to-Cash Estimation Method for Cash Businesses
- Tax Disputes When You Have Too Many Records
- From Commingled to Contested: The IRS’s Audit of Tax Deductions
- Dealing With IRS Audit of a Hobby Loss Activity
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Reportable Transactions (4)
- IRS Changes Notice Requirement for Listed Transactions
- Timing for Written IRS Manager Approval for Penalties
- Computing the Reportable Transaction Penalty
- Reportable Transaction Penalty, Full Payment Required
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Rescission Doctrine (1)
- Avoid Tax by Returning Pay
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Research Tax Credits (14)
- Website Development Tax Deductions & the Start-Up Rules
- Enough is Enough, But An Amended Tax Return is Not
- Research Tax Credit Records Must Be Kept for 40+ Years
- R&D Credit Made Permanent & Enhanced
- Research Was Not Routine, But Compensation Was Excessive
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Restitution Tax Assessment (7)
- Can Judge-Made Doctrine Override Tax Deductions Allowed by Congress?
- When the IRS Comes Knocking: Addressing Tax Fraud
- IRS Not Limited in Collecting Restitution Assessments
- IRS Can Collect Father’s Tax Restitution from Son
- No Interest & Penalties on Restitution Assessments
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Retirement Accounts (25)
- Probate Estate Can Serve as a Condit for Retirement Assets
- Distributions From Forfeited IRA are Not Taxable
- Triggering Losses by Selling a Business: NQDC Example
- Tax Court: Is Diabetes a Disability?
- IRA Excess Contribution Tax for Stock Sale
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S Corporation Tax (22)
- Can Judge-Made Doctrine Override Tax Deductions Allowed by Congress?
- Tax Planning With Disproportionate Distributions from S Corporation
- Strategic S Corp Conversion to Avoid Tax Basis Limitation
- S Corporation: Distribution of Appreciated Assets
- The Late S Corporation Election
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Solar Tax Credit (1)
- Planning for Commercial Solar Tax Credits
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Split-Dollar Insurance (1)
- Split-Dollar Insurance Failure: Income and No Tax Deduction
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State & Local Tax (7)
- Texas Taxes: Is an Owner Liable for Business Taxes?
- California Taxes Out-of-State Trusts for Out-of-State Asset
- Texas Franchise Tax: What are COGS?
- Avoiding State Income Tax on Part-Time Residents
- City Collects Church Property For Un-Owed Taxes
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Tax (253)
- Can a Missing Statement in a Donation Letter Cost You the Entire Deduction?
- Can Your Business Deduct Credit Card Interest When the Card Is in Your Name?
- Can the IRS Ignore Your Request for an Estate Tax Valuation Explanation?
- Can the IRS’s Automated System Issue a Valid Notice of Deficiency?
- Who Gets the Tax Credit When You Outsource Payroll to a PEO?
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Tax Crimes (26)
- When Does a Tax Return Mistake Become a Crime?
- Can a Criminal Prosecution Delay a Civil Tax Case?
- Distributions From Forfeited IRA are Not Taxable
- IRS Collection From Business Partner’s Property
- The IRS’s Challenges With Ghost Tax Preparation
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Tax Deductions (57)
- Settling Debts in an Asset Purchase: Immediate Deduction or Capitalized Cost?
- Who Qualifies as a “Designer” for Section 179D Energy Tax Deductions?
- What is a Statutory Employee and Who Qualifies?
- Split-Dollar Insurance Failure: Income and No Tax Deduction
- Can You Create Deductions by Forgiving Debt to Your Own Entities?
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Tax Legislation (5)
- No AutomaticDenial for ERC Claims Below 10% Threshold
- The “Effective Date” for Tax Rules
- A Look at Tax Legislation: What’s On the Table
- Tax Aspect of the Bankruptcy Abuse Prevention & Consumer Protection Act
- Lessons Learned from Colorado’s Taxpayer Bill of Rights
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Tax Litigation (77)
- What If You Don’t Show Up to Your CDP Hearing?
- Can the IRS Deny Your Installment Agreement Because of Home Equity?
- Can Your Business Deduct Credit Card Interest When the Card Is in Your Name?
- Can the IRS Ignore Your Request for an Estate Tax Valuation Explanation?
- Can the IRS’s Automated System Issue a Valid Notice of Deficiency?
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Tax Loss (36)
- When Does a Promissory Note Create Basis in Controlled Company Stock?
- Tax Planning for Net Operating Loss Carryback Elections
- The Difference Between a Bad Business Investment and a Theft Loss
- Using Ranching Tax Loss to Offset Other Income
- Business Advances in Revenue-Sharing Deals Not Deductible
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Tax Procedure (387)
- What If You Don’t Show Up to Your CDP Hearing?
- Can the IRS Deny Your Installment Agreement Because of Home Equity?
- Can Your Business Deduct Credit Card Interest When the Card Is in Your Name?
- Can the IRS Ignore Your Request for an Estate Tax Valuation Explanation?
- If You Never Received a Form 1099, Do You Still Have to Report the Income?
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Tax Return Preparer Penalty (8)
- Is a Taxpayer Accountable for their Tax Preparer’s Fraud?
- The IRS’s Challenges With Ghost Tax Preparation
- The Injunction for Tax Return Preparers
- The Tax Preparer’s Right to Appeal Return Penalties
- About Tax Preparer Penalty Audits
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Tax Returns (56)
- If You Never Received a Form 1099, Do You Still Have to Report the Income?
- When Does a Tax Return Mistake Become a Crime?
- What “Authority” for Accountant Nullifies the Disability Exception for Tax Refunds?
- COVID-19 Extended Tax Deadlines Longer Than Many Realized
- You Can’t Raise What You Didn’t Know: The Variance Doctrine
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Trust Fund Penalties (16)
- Income Tax Due for Business Use of Employee Tax Withholding
- Tax Form Mixup Can Extend the IRS’s Statute of Limitations
- Bookkeeper Liable for Trust Fund Recovery Penalty
- Hospital Administrator Owes Trust Fund Penalty
- Fixing Trust Fund Recovery Penalties
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Trust Taxes (2)
- Navigating Late GST Tax Elections: Maximizing Exemptions for Trusts
- Are Funds Advanced to Third Party Subject to Tax?
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Unreported Income (9)
- If You Never Received a Form 1099, Do You Still Have to Report the Income?
- Can the IRS’s Automated System Issue a Valid Notice of Deficiency?
- The IRS Audit Credit-Card-to-Cash Estimation Method for Cash Businesses
- Blunt Truth: Paying Taxes on Illegal Income
- Tax on Funds Received as an Intermediary Conduit
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Virtual Currency (1)
- Tax on Virtual Currency Received for Microtasks
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Whistleblower Claims (10)
- IRS Whistleblower Claims Denied for Inadequate IRS Audit
- Whistleblower Claim Limited by Sequestration
- Time Frame for IRS Whistleblower Claims
- Whistleblower Cannot Remain Anonymous
- Freedom of Information Act Reaches Whistleblower Documents
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Withholding Tax (2)
- No Unlimited Time Limit for IRS Withholding Tax
- When Does the IRS Issue a Lock-in Letter?
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