By topic: Precedent

Fraud by Tax Preparer Creates Big Trouble for Client

In this precedent-setting case, the Tax Court had to decide for the first time whether a tax preparer’s fraud extends the statute of limitations for the IRS audit of the client’s return even when there is no charge of fraud against the client. Because this court ruled against the taxpaying client, according to precedent, a tax preparer’s fraud now extends a client’s allowable audit period from three years to forever.

Tax Deduction for Classic or Antique Cars Used in Business

How does the tax law treat the classic or antique car when you use it for business? Can you deduct it just as you would any car you use in business? Learn how some tax law changes enabled the classic or antique car as a business asset and why that can work to your advantage.

Good News: Most Rentals Likely Qualify as Section 199A Businesses

The IRS safe harbor that you find in Notice 2019-7 may well represent a red herring for you because your rental properties likely already qualify as a business for the Section 199A deduction. If so, you can avoid the complexities of the safe harbor.

Arguing with the IRS: Making the Courts Help You (Part 2)

When you and the IRS disagree about an item on your tax return, you need authority on your side to either win your case or avoid a penalty. Court decisions can be a valuable authority to convince the IRS that you are right. We’ll discuss the various types of court decisions and which ones can help you the most.

Arguing with the IRS: You Need Tax Authority (Part 1)

Sometimes you and the IRS disagree about an item on your tax return. When that happens, you need authority on your side to either win your case or avoid a penalty if you don’t win. The Internal Revenue Code and certain IRS interpretations of it can be that authority, and we discuss them here.

Find the Winning Tax Law for Your IRS Audit

If you are suffering or about to suffer an IRS audit, you should know how your tax positions stack up against the IRS examiners’ positions. In most cases, you are discussing the facts, not the law, and you prove your facts with receipts, canceled checks, and logbooks. Once you get into the law, you need to know the rules that trump other rules. This article explains how you use the laws, rulings, and other IRS documents to prove the legal side of your case in an audit. And should your case advance beyond the IRS audit to the courts, this article helps you understand what the courts are looking for.

Tax Deductions for Entertainment Facility; Part 4, Vacation Home

The entertainment facility rules are designed to destroy your entertainment facility deductions. But the law contains a number of exceptions. In Part 4 of this series, you learn how to use the business meeting and overnight lodging rules to make your vacation home a tax-deductible business asset.

Ouch! Court Rules That This Investor Is a Real Estate Dealer

Do you invest in real estate? Are you an investor or a dealer? Make sure you put the nine factors to work for you in your proof of investor or dealer status.

How the IRS and Courts Have Approved the Two-Car Tax-Deduction Strategy

When the two-car tax-deduction strategy works for you, you find new deductions without spending a penny or driving a mile farther. In this article, you find that both the IRS and the courts approve of your two-car tax deductions.

New Tax Court Ruling Makes Gamblers Rejoice

Hallelujah, gamblers in the business of gambling may now deduct business expenses in excess of gambling losses. The Tax Court, in a new, precedent-setting case, establishes new rules for gamblers in the business of gambling.

IRS Loses On Subdivision of Lots

You can be a dealer with respect to some properties and an investor with respect to others. You can also subdivide lots and obtain tax-favored capital gain treatment, but you need the right numbers and a good plan.

Putting Tax Practitioner’s Feet to the Fire

A new law makes tax preparers subject to higher penalties for errors, and establishes high standards for claims made on tax returns. The moral: if your tax advisor examines your issue and tells you that you can claim that deduction, you have a very solid claim.

The Value of Documents When You’re Arguing with the IRS

IRS auditors do most of the audits. They are not accountants (IRS agents are accountants); they might be wrong about tax law. It’s your responsibility to know the law and use it to prove your point. This article tells you how to use court rulings and documents that enforce your rights in your tax-law partnership.