Soldiers and military personnel have long been recognized for their service and sacrifices to their country, and as a result, society has generally agreed that they should be given certain privileges. These privileges often include access to free or reduced-cost education, health benefits, and retirement benefits, among others. For example, the GI Bill provides education…
Tax Articles
Can the IRS Re-Assess Tax to Fix Its Own Error?
When a taxpayer makes an error on their tax return or fails to make timely payments to the IRS, it can result in additional tax, penalties, and even interest owed. This can be the case even if the taxpayer is just one day late or if the applicable tax laws are unclear or highly complex.…
Tax Withholding on Settlement Awards
There are quite a few court cases that address whether a lawsuit settlement award is taxable. Section 104 excludes some damage payments for income tax purposes. But what about withholding taxes? Assuming that the payment or award is taxable, can the award escape withholding tax? One might think that this turns on whether the award…
Estate Plans in Uncertain Times
As 2006 approaches, I can’t help but pause to think about our estate and gift tax regime. The Economic Growth and Tax Relief Reconciliation Act (EGTRRA) of 2001 changed the rules of the game. Following the enactment of EGTRRA, estate planners and tax attorneys went to work defining and clarifying how estate plans should be…
ERSOP Plans as a Financing Alternative for Start-ups
Starting a new business can be an exciting and challenging endeavor, but financing the venture can often prove to be a significant obstacle. Traditional lenders typically require a business to be operational for at least a year before they will consider providing small business loans. Meanwhile, venture capitalists often reject the majority of start-up proposals…
Key Tax Considerations for Administering Estates
Administering estates from a tax perspective can be a complex and challenging task, particularly for non-tax attorneys who may not have extensive experience in this area. Estate administration is all about managing finances, including making key elections and timing distributions, income, and expenses. Failure to make the right choices could result in significant tax liabilities…
Drug Addiction Excuse for Filing Tax Return Late?
Drug addiction is a medical condition. It can be a very serious and life-altering medical condition. This begs the question as to whether drug addiction or migraines be an excuse for filing a tax return late or for abating late filing penalties. The court addresses this in Jordan v. Commissioner, T.C. Memo. 2005-266, for a…
Charitable Remainder Unitrust and NIMCRUT: Tax-Savvy Giving
Developing a tax strategy that allows for income and current income tax benefits is a key goal for many individuals and families. One potential solution to this challenge is to establish a charitable trust. These trusts can offer donors the ability to make a charitable gift while retaining an income stream from the donated assets,…
Taxes & Gay and Lesbian Marital Rights
This article is updated in 2023, given the significant changes to our tax laws that impact gay and lesbian couples. The U.S. Supreme Court issued several rulings that brought about significant changes to the tax treatment of same-sex marriages. The primary court case centered around the federal estate tax and the lack of a marital…
Can the IRS be Efficient and Effective at the Same Time?
The Internal Revenue Service (“IRS”) is responsible for assessing and collecting taxes, enforcing tax laws, and helping taxpayers comply with our laws. There are a number of varying policies and circumstances that the IRS has to get involved in while administering the tax system. This can put the IRS in odd positions. There can be…