There are a number of tax breaks afforded to those in the military. This includes collection holds on unpaid taxes owed by members of the military to laws that exempt certain income from tax altogether. The exemption from paying tax on military pay for injuries is an example. The recent Valentine v. Commissioner, T.C. Memo.…
Tax Articles
Common Law Mailbox Rule Fails (Again)
In legal disputes, there are times when parties make representations that are not true. That includes the IRS and its auditors and attorneys. If the taxpayer is lucky, they will have direct evidence that shows that the representation is false. There are situations where the law does not allow that evidence to be considered. There…
Retired Pilot Taxed on Flights Employer Provided to Relatives
A fringe benefit is a perk provided to an employee. These benefits can make many forms. It may include a company car, company meals, or even insurance. These benefits may or may not be taxable for the employee. The Mihalik v. Commissioner, T.C. Memo. 2022-36, case provides an opportunity to consider these rules. The Mihalik…
Wages for Foreign Researcher Are Taxable
A researcher gets a grant award direct from an institution or university. The grant is not paid as wages, but is paid as a stipend or maybe as a scholarship. The payment might not be subject to income tax. Compare that to a grant is awarded to an institution and the institution pays a researcher…
Can IRS’ Unauthorized Disclosure Trigger Punitive Damages?
We all make mistakes. It happens. This includes inadvertent disclosure of confidential information. There is a remedy when a private party that makes an unauthorized disclosure. The aggrieved party can simply bring suit. There are basically no restrictions on the amount of damages that are available and when one qualifies for damages. The rules are…
No Unlimited Time Limit for IRS Withholding Tax
There are jobs that are difficult to find employees to perform. This is particularly true for lower-paid jobs that require physical labor. This includes construction and maintenance jobs, such as painters, law care jobs, etc. It also includes some entry-level jobs in restaurants. Businesses in these industries often have to supplement their workforce with illegal…
Section 1031 Exchange Into Jointly-Held Partnership Property
The Section 1031 exchange rules can help real estate investors defer paying tax on the transfer of property. Many real estate investors use these rules to upgrade their real estate portfolio over time. This tax deferral can be helpful as monies that would have been paid to the IRS in taxes can be rolled into…
IRS to Pay Attorneys Fees: The Qualified “Qualified Offer”
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…
Bookkeeper Liable for Trust Fund Recovery Penalty
Most small business employees never expect to be personally liable for their employer’s tax obligations. Bookkeepers may find themselves facing IRS collection actions for trust fund taxes they never controlled for the business. This is on the basis of the bookkeeper being a “responsible person” for payment of the payroll taxes. How do courts determine…
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. The capitalized costs are then expensed, usually. These dates raise questions about whether property is…