Current Federal Tax Developments

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Section 451 Week

September 14, 2019 by Ed Zollars, CPA

Current Federal Tax Developments for the week of September 16, 2019:

  • §451 Week Students learns real life lesson on taxation of prizes, and we get a tax history lesson

  • Proposed regulations issued for advance payments under TCJA §451(c)

  • Proposed regulations issued for §451(b) revenue conformity added by TCJA

An audio version of the broadcast can be streamed or downloaded here:

The articles for this week’s update can be downloaded below:

2019-09-16 Current Federal Tax Developments

September 14, 2019 /Ed Zollars, CPA
Comment

2019-09-09 But I Promise, Really!

September 07, 2019 by Ed Zollars, CPA

Current Federal Tax Developments for the week of September 9, 2019: But I Promise, Really!

  • IRS release instructions to 2019 §199A simple deduction form with additional informal guidance

  • Memorandum discusses what does and does not qualify as having made a payment to a retirement plan

  • Relief granted to file the second copy of the Form 3115 late for an automatic method change, but at a cost

  • Activities failed to count as rentals, could not be combined into rental activity by real estate professional

  • A flawed S election uncovered during due diligence for sale of the corporation

An audio only version of this week’s broadcast can be streamed or downloaded below:

Articles on this week’s developments can be downloaded here:

2019-09-09 Current Federal Tax Developments

September 07, 2019 /Ed Zollars, CPA
Comment

2019-09-03 No Horse, No Business

August 31, 2019 by Ed Zollars, CPA

Current Federal Tax Developments for the week of September 3, 2019: No Horse, No Business

  • Tax Court finds that taxpayer did not have a trade or business of raising/showing horses since she didn’t have a horse

  • Tax Court rejects IRS’s “step in the shoes” theory for gifted partnership interest with interest from debt-financed distribution received by donor

  • IRS accepts court’s revision of IRA beneficiary, surviving spouse allowed to treat IRA as her own

  • Coffeehouse was not a §501(c)(3) charitable organization

  • Notice of deficiency sent to addresses used on returns found to be sent to last known address

An audio version of this week’s broadcast can be streamed or broadcast below.

Articles on this week’s developments can be downloaded below.

2019-09-03 Current Federal Tax Developments

August 31, 2019 /Ed Zollars, CPA
Comment

2019-08-24 Watching Paint Dry Doesn't Count

August 24, 2019 by Ed Zollars, CPA

Current Federal Tax Developments for the week of August 26, 2019: Watching Paint Dry Doesn’t Count

  • Taxpayer found both to have chosen the accrual method and to be required to use it as well

  • §451 proposed regulations exit OIRA review

  • Taxpayers records found to overstate hours by 150 hours, not qualified as a real estate professional

  • IRS issues formal memo changing position on ability to claim foreign tax credit on certain French taxes

An audio only version of this week’s broadcast can be downloaded or streamed here.

The articles for this week’s update can be downloaded via the link below:

2019-08-26 Current Federal Tax Developments

August 24, 2019 /Ed Zollars, CPA
Comment

2019-08-19 George M Would Be Proud

August 17, 2019 by Ed Zollars, CPA

Current Federal Tax Developments for the week of August 19, 2019: George M Would Be Proud...

  • Taxpayer “wins” on a Cohan style case, but things don’t really go well

  • Qualified plan distribution is part of taxable income for the taxpayer even if the taxpayer doesn’t cash the check

  • An estate cannot avail itself of the economic disability tolling of the statute of limitations (and it wouldn’t have mattered anyway).

  • IRS to send out estimated tax penalty refund checks to 400,000 taxpayers

An audio only version of this week’s broadcast can be downloaded or streamed below.

Articles on this week’s developments can be downloaded below:

2019-08-19 Current Federal Tax Developments

August 17, 2019 /Ed Zollars, CPA
Comment

2019-08-12 Toto Needs Sales Tax Money

August 10, 2019 by Ed Zollars, CPA

Current Federal Tax Developments for the week of August 12, 2019: Dorothy and Toto Need Money

  • Kansas releases out of state seller rules that have no de minimis levels

  • Memorandum holds that partial denial of earned income tax credit can lead to loss of all credit for following two years

  • Tennessee court finds that Boyle rule still applies, taxpayer cannot rely on preparer to efile extension

  • New online tax withholding estimator released by IRS, second revised Form W-4 follows shortly after

  • Revised third-party contact rules released prior to Taxpayer First Rule change that takes effect August 15, 2019

An audio only version of this week’s update can be streamed or downloaded at:

The articles for this week’s updates can be downloaded below:

2019-08-12 Current Federal Tax Developments

August 10, 2019 /Ed Zollars, CPA
Comment

2019-08-05 About That Bitcoin

August 02, 2019 by Ed Zollars, CPA

Current Federal Tax Developments for the week of August 5, 2019: About that Bitcoin...

  • IRS sends out 10,000 letters on cryptocurrency, including some demanding a response

  • Relief granted on three bonus depreciation elections for year that includes September 28, 2017

  • Draft Schedule K-1 for Form 1120S revised to change §199A information reporting

  • Letter ruling holds a partial deduction allowed for DNA tests requested by an individual

  • Organization not operated exclusively for charitable purpose, §501(c)(3) status revoked retroactively

An audio only version of this week’s broadcast can be downloaded or streamed below.

The articles for this week’s updates can be downloaded from the link below:

2019-08-05 Current Federal Tax Developments

August 02, 2019 /Ed Zollars, CPA
Comment

2019-07-29 1982 Tax Form Nostalgia Week

July 26, 2019 by Ed Zollars, CPA

Current Federal Tax Developments for the week of July 29, 2019: 1982 Tax Form Nostalgia

  • IRS releases final regulations on §501(c)(4) notice

  • Taxpayers who paid certain French taxes may have refund opportunities

  • Six new compliance initiatives announced by IRS

  • Minor relief granted to file superseding returns to some CPAR covered partnerships

  • IRS releases a new draft version of Form 1099-NEC for the first time in 38 years

An audio-only version of the broadcast can be streamed or downloaded below:

The articles for this week’s updates can be downloaded in the PDF below:

2019-07-29 Current Federal Tax Developments

July 26, 2019 /Ed Zollars, CPA
Comment

2019-07-22 The Short Lived 1040 Postcard

July 19, 2019 by Ed Zollars, CPA

Current Federal Tax Developments for the week of July 22, 2019: The Short-Lived 1040 Postcard

  • Taxpayer who failed to file a signed Form 8332 with his return was denied the dependency exemption even though he eventually got a signed form

  • IRS updates list of allowed preventive care for high deductible health plans

  • IRS debuts new Form 1040-SR and revises Form 1040 to get rid of the postcard on draft 2019 forms the agency released

An audio only version of this week’s broadcast can be streamed or downloaded below:

The articles for this week’s podcast can be downloaded via the link below:

2019-07-22 Current Federal Tax Developments

July 19, 2019 /Ed Zollars, CPA
Comment

2019-07-15 Fixing Typos Proves to Be Hard

July 14, 2019 by Ed Zollars, CPA

Current Federal Tax Developments for the week of July 15, 2019: Typos are Hard to Catch

  • Taxes-Security-Together Checklist for tax professionals issued by the IRS

  • Tax Court found that taxpayer was victim of a bookkeeping error and had sent IRA rollover contribution to custodian, late rollover allowed

  • IRS discovers 31 years after the fact that a typo fix never was picked up in the Code of Federal Regulations

  • Frequently asked questions page issued to explain TCJA change to §704(d) partner basis limits on charitable deductions and foreign taxes

An audio only version of the broadcast can be streamed or downloaded below:

A PDF with articles for this week’s broadcast can be downloaded below:

2019-07-15 Current Federal Tax Developments

July 14, 2019 /Ed Zollars, CPA
Comment

2019-07-08 Congress Enacts the Taxpayer First Act

July 06, 2019 by Ed Zollars, CPA

Update for the week of July 8, 2019. This week we look at:

  • The Taxpayer First Act of 2019, signed into law on July 1, 2019

  • The Supreme Court decides one trust due process case is enough for a single term

  • IRS proposed a change in MEP to allow a solution to the one bad apple problem

  • IRS goes back to issuing guidance via website FAQs, this time for QOFs

  • Employers will be able to truncate SSNs on W-2s given to employees--but not right away

  • IRS finalizes regulations barring partnerships from using disregarded entities to put partners on the payroll

An audio only version of this week’s broadcast can be downloaded or streamed below:

Materials related to this week’s broadcast can be downloaded below.

  • 2019-07-08 Current Federal Tax Developments

  • Taxpayer First Act of 2019 Highlights

July 06, 2019 /Ed Zollars, CPA
Comment

2019-07-01 About that Drive from Florida to South Africa

June 30, 2019 by Ed Zollars, CPA

Current Federal Tax Developments for the week of July 1, 2019:

  • IRS issues notice to advisers regarding what to do in the event of a data breach

  • IRS official confirms a §199A trade or business can include both commercial and residential rental

  • Taxpayer found Tax Court didn't believe his vehicle logs

  • Transaction found to be substantially similar to a listed transaction

An audio version of this week’s broadcast can be downloaded or streamed below:

A PDF with articles on this week’s developments can be downloaded below:

2019-07-01 Current Federal Tax Developments

June 30, 2019 /Ed Zollars, CPA
Comment

2019-06-24 Supreme Court Just Says No

June 22, 2019 by Ed Zollars, CPA

Current Federal Tax Developments for the week of June 24, 2019: SCOTUS Just Says No

  • Proposed regulations issued on qualified agricultural cooperatives

  • US Supreme Court rules mere residence of beneficiary not enough to all state to tax entire income of trust

  • Taxpayer had a proper claim of right situation when she paid ½ of wages paid back by ex-spouse

  • IRS finalizes non-resident alien ESBT regulations

An audio only version of this week’s broadcast can be downloaded or streamed below:

Articles on this week’s developments can be found in the PDF below:

2019-06-24 Current Federal Tax Developments

June 22, 2019 /Ed Zollars, CPA
Comment

2019-06-17 Bring on the New HRAs

June 15, 2019 by Ed Zollars, CPA

Current Federal Tax Developments for the week of June 17, 2019: Bring on the New HRAs

  • IRS to stop faxing transcripts, only mail them to taxpayer’s address of record

  • Final regulations issued for state tax credit donations and new way to report credit as tax paid

  • IRS finalizes regulations creating two new HRAs

An audio only version of the broadcast can be downloaded below:

A PDF with this week’s articles can be downloaded below:

2019-06-17 Current Federal Tax Developments

June 15, 2019 /Ed Zollars, CPA
Comment

2019-06-10 Being Yourself as a Business

June 08, 2019 by Ed Zollars, CPA

Current Federal Tax Developments for the week of June 10, 2019: Being Yourself as a Business

  • S corporation status lost when SMLLC shareholder adds a new interest holder

  • Tax Court does not accept author’s attempt to treat a portion of her income as not self-employment income

  • IRS releases employer tables and worksheets for TCJA-aware draft Form W-4

  • TIGTA finds that LB&I imposes accuracy-related penalties at lower rate than does SE/SE

  • Envelope used to file Tax Court petition lacked postmark, taxpayer could not explain delivery much later than would be expected for timely mailed document

The audio only broadcast can be downloaded below:

The articles for this week’s developments can be downloaded below:

2019-06-10 Current Federal Tax Developments

June 08, 2019 /Ed Zollars, CPA
Comment

2019-06-03 Sweating the Details (or Lose Out)

June 01, 2019 by Ed Zollars, CPA

Current Federal Tax Developments for the week of May 28, 2019: Sweating the Details (or Lose Out)

  • Evangelizing did not give rise to charitable deduction for most expenses

  • DC Circuit agrees with Tax Court that failure to disclose basis of asset doomed $33 million contribution

  • Taxpayers lose nearly $1 million of basis due to lack of old documents

  • IRS tries one more time to develop a W-4 for the TCJA era

An audio only version of this week’s broadcast can be downloaded below:

Articles for this week’s podcast can be downloaded in PDF form below:

2019-06-03 Current Federal tax Developements

June 01, 2019 /Ed Zollars, CPA
Comment

2019-05-28 Another New Tax Bill?

May 26, 2019 by Ed Zollars, CPA

Current Federal Tax Developments for the week of May 28, 2019: Another New Tax Bill?

  • Virtual currency guidance promised by IRS Commissioner

  • HSA numbers for 2020 released by IRS

  • Auto depreciation limits for 2019 released by IRS

  • House passes retirement reform bill, would drastically cut back on the use of stretch IRAs

  • Assistant US Attorney warns preparers about criminal exposure when they don’t raise enough issues about loans

An audio only version of this week’s broadcast can be downloaded or streamed below:

A PDF with the articles for this week’s update can be downloaded via the link below:

2019-05-28 Current Federal Tax Developments

May 26, 2019 /Ed Zollars, CPA
Comment

2019-05-20 Schedule D Problem

May 18, 2019 by Ed Zollars, CPA

Current Federal Tax Developments for the week of May 20, 2019: Schedule D Problem

  • Review Wolters Kluwer IRS response and other issues

  • IRS releases a new worksheet for computing tax when there are 25% or 28% gains

  • Tax Court finds IRS did not have authority to find Medicare difficulty payments nontaxable in Notice 2014-7

  • CA10 agrees with Tax Court that S corporation cannot accrue wages on participants

  • Taxpayer materially participated in activity under facts and circumstances test

An audio only version of this week’s broadcast can be streamed or downloaded below.

The PDF below contains the articles for the developments discussed in this week’s broadcast.

2019-05-20 Current Federal Tax Developments

May 18, 2019 /Ed Zollars, CPA
Comment

2019-05-13 Malware, Cybersecurity and Tax Practice

May 11, 2019 by Ed Zollars, CPA

Current Federal Tax Developments for the week of May 13, 2019: Malware, Cybersecurity and Tax Practice

  • Wolters Kluwer CCH systems suddenly taken offline due to malware issue

  • GAO criticizes security of e-file providers and software developers

  • IRS updates maximum vehicle values for cents-per-mile and FAVR

  • IRS clarifies redemptions treated as dividends taxation when paid during post-termination transition period

  • Deduction for Connecticut estate taxes must be reduced by portion allocable to state’s gift taxes added back paid in 3 prior years

  • My boss ordered me to do it doesn’t work for trust fund penalty even when the boss is an agent of a federal

An audio version of the podcast can be streamed or downloaded below:

A PDF with articles on this week’s developments can be downloaded below:

2019-05-13 Currrent Federal Tax Developments

May 11, 2019 /Ed Zollars, CPA
Comment

2019-05-06 Fragile Handle with Care: S Corporations

May 04, 2019 by Ed Zollars, CPA

Current Federal Tax Developments for the week of May 6, 2019: Fragile: Handle with Care - S Corporations

  • Taxpayer’s marriage forces repayment of advance PTC, unfairness is not a defense

  • State tax refundable credit in excess of taxes is taxable income to taxpayer

  • IRS expands determination letter to cover a limited number of existing plans

  • LLC operating agreement adoption terminates S election

An audio only version of this week’s broadcast can be streamed or downloaded below.

Articles describing this week’s developments can be found in the PDF that can be downloaded below:

2019-05-06 Current Federal Tax Developments

May 04, 2019 /Ed Zollars, CPA
Comment
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