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Used Car Salesman Sells Judge on Cohan Rule (Jesse Alvarado and Estate of Maria De Lourdes Velasques v. Comm., TCM 2024-1)
After 25 years as a commercial lender at Comerica Bank, Mr. Alvarado opened South Bay Autos, a used car business, preparing a few tax returns on the side. South Bay relied heavily on credit, both for the acquisition of inventory and for the sale of vehicles to customers. South Bay purchased vehicles at car auctions using credit with terms that required repayment in 45 days before having to pay high interest charges. Vehicles were generally sold on credit, with the contracts sold to financing companies. The finance companies would pay the face amount of a contract less a reserve and …
Unreported Income, Unsubstantiated Deductions, Late Filing – Three Strikes and Taxpayer Loses (Paulette Thompson and Johnnie Thompson v. Comm., TCM 2024-14)
By: The Thompsons earned income from farming operations raising and selling cattle, chickens, eggs, and turkeys. Mrs. Thompson also earned income from a tax preparation business (which earned her a space in this tax update manual). IRS prepared SFRs for 2014, 2015, and 2016. Mrs. Thompson mailed a 2014 tax return to the IRS on April 16, 2018. She provided her 2015 and 2016 returns to an Appeals officer in February 2019. IRS did not process the returns for 2014 – 2016. Income from her tax preparation business was reported on Schedule F as “Custom Hire (Machine Work) Income.”Gross income from …
IRS Explains the Employer-Provided Childcare Tax Credit on New IRS.gov Page (IR-2024-34)
IRS has provided several plain language explanations on claiming the employer-provided childcare credit (§45F). An eligible employer must have paid or incurred qualified childcare expenditures to provide childcare services to employees. The credit is 25% of qualified childcare facility expenditures plus 10% of qualified childcare resource and referral expenditures, limited to $150,000 per year. The credit is claimed on Form 8882, Credit for Employer-Provided Childcare Facilities and Services. Qualified Childcare Expenditures Qualified childcare expenditures are:Costs associated with acquiring, constructing, rehabilitating or expanding property used as the taxpayer’s qualified childcare facility;Qualified childcare facility expenditures are operating expenses made by the taxpayer, …
Taxpayer Was Willful in Failure to File FBARs When He Ignored Red Flags (US v. David Vettel, Apr. 11, 2024. US District Court for the District of Columbia, No. 4:21-CV-03099)
By: David Vettel opened a Swiss bank account and, from 2006 to 2011, failed to file FBARs to report the account. CPA Terri Phelps prepared Mr. Vettel’s federal income tax returns for tax years 2006, 2007, 2008, 2009, 2010, and 2011. Mr. Vettel did not provide CPA Phelps with information about his Swiss bank account. CPA Sent Organizer and Engagement Letter: CPA Phelps sent Mr. Vettel an “organizer” each year that contained a series of questions to which Mr. Vettel was supposed to respond in order to aid CPA Phelps’s preparation. The organizer included a question about whether Mr. Vettel had …
Cannabis Tax Legislation Went Up in Smoke, but the DEA Decides It’s High Time for a New Leaf on Pot Policy
The DEA has begun the process to reclassify marijuana from a Schedule I drug (like heroin and LSD) to a Schedule III drug (like ketamine and anabolic steroids.) The proposal does not legalize recreational marijuana use, but it recognizes cannabis as a less dangerous drug and acknowledges its medical uses. The move represents the DEA’s biggest policy shift in decades, and it’s likely to have far-reaching business and tax implications. What are the tax and accounting implications of marijuana rescheduling? Under Section 280E of the Internal Revenue Code, businesses involved in “trafficking” Schedule I and II substances may not claim …
Energy Credit Legislation Is Proving More Expensive Than Planned
The centerpiece of the Inflation Reduction Act of 2022 (IRA22) was a myriad of new and expanded energy credits intended to address climate change. Using the Congressional Budget Office’s February 2024 report, the Committee for a Responsible Federal Budget estimates that the ten‐year cost of the Inflation Reduction Act of 2022 credits will increase by 170% from $271 billion to $736 billion between 2022 and 2031. The increased costs will contribute to the pressure to repeal or reduce energy credits if the November election results in changes to the control of the House, Senate, and/or the White House. STAY TUNED Stay updated with …
EITC Improper Payments Increased Almost 50% from 2020 to 2023
The GAO estimates that 34% of Earned Income Tax Credit payments issued in FY 2023 were improper at a cost to the government of $21.9 billion. The Treasury Inspector General for Tax Administration (TIGTA) estimated an error rate of 24% for FY 2020.TIGTA reported that refundable credit improper payments are not primarily the result of internal control weaknesses that the IRS can address. Eligibility rules for ETTC are “often complex because they address complicated family relationships and residency arrangements to determine eligibility.”Carefully completing the Form 8867 to demonstrate preparer due diligence (while bothersome) serves to protect us and the client …
Steven Matzkin and Sarah Schroeder v. Comm., TCM 2020-117
Amount Paid to Ex-Spouse to Buy Her out of Dental Practice Did Not Increase Taxpayer’s Basis (Steven Matzkin and Sarah Schroeder v. Comm., TCM 2020-117) In January 2003, Steven Matzkin formed, with a partner, Dental Care Alliance, LLC (DCA). When Dr. Matzkin formed DCA, he was married to Georgeann. In May 2008, after more than 20 years of marriage, Dr. Matzkin filed for divorce. Under Florida law, DCA was a marital asset. An appraisal performed in 2007 valued his interest in DCA at $21 million. The Matzkins’ property settlement and spousal support agreement provided that Steven would pay Georgeann over …
Carole Holliday v. Comm., TCM 2021-69
Malpractice Award Arising from a Divorce Settlement Was Taxable – Attorney Fees Weren’t Deductible (Carole Holliday v. Comm., TCM 2021-69) Carole Holliday filed a malpractice lawsuit against her divorce attorney. She claimed that her divorce attorney’s representation constituted negligence and gross negligence and that he breached the duty of fair dealing and his fiduciary duties “by influencing * * * [her] to mediate and enter into a transaction that was not fair to * * * [her] under the circumstances” and by not pursuing an appeal. The malpractice defendants agreed to pay Ms. Holliday $175,000. Ms. Holliday’s malpractice attorney received …
Joe Alfred Izen v. Comm., 38 F.4th 459
Charitable Contribution Denied; Substantiation Rules Not Strictly Complied With (Joe Alfred Izen v. Comm., 38 F.4th 459 (5th Cir. 2022)) During an IRS audit of Joe Alfred Izen’s 2012 tax return, Mr. Izen remembered he donated his 50% partnership interest in a vintage airplane to the Houston Aeronautical Heritage Society. He filed a Form 1040X claiming a $338,080 deduction for the donation. To the Form 1040X he attached Form 8283, Noncash Charitable Contribution, and a written letter from the Houston Aeronautical Heritage Society that described the donation. The letter did not mention Mr. Izen and did not provide his taxpayer …
Duane Pankratz v. Comm., TCM 2021-26
$3.5 Million Property Charitable Contribution Deductions Denied for Lack of Appraisal (Duane Pankratz v. Comm., TCM 2021-26 (Mar. 4, 2021)) In 2008, Duane Pankratz donated his interests in four oil and gas projects, valued at $2 million, to Missionary Church, Inc. and made a large noncash donation of 5.78 acres for road and utility improvements, valued at $1,513,146, to the Church’s Rapid City, South Dakota, campus. In 2009, he donated a conference center to Keystone Project, Inc., another religious organization, leaving the fair market value blank.The issue before the court. The Form 8283 that Duane Pankratz used stated in plain …
Oakhill Woods, LLC, Effingham Managers, LLC, Tax Matters Partner v. Comm., TCM 2020-24
Missing Basis Entry on Form 8283 Means Taxpayer Loses Non-Cash Charity Deduction of $7,949,000 (Oakhill Woods, LLC, Effingham Managers, LLC, Tax Matters Partner v. Comm., TCM 2020-24) Strict substantiation requirements apply. To deduct non-cash contributions in excess of $5,000, the donor must obtain a qualified appraisal of the contributed property, attach a “fully completed” appraisal summary to the return on which the deduction is first claimed, and maintain records containing specified information (§1.170A-13(c)(2)(i)(A), (B), and (c)). The Form 8283, Non-Cash Charitable Contributions, appraisal summary that Oakhill Woods attached to its 2010 return indicated that it acquired the property by purchase …
Paul Young Kim v. US, 5:22-cv-00691
Net Investment Income Tax Cannot Be Reduced by Foreign Tax Credits (Paul Young Kim v. US (5:22-cv-00691 (CA-9, Mar. 28, 2023)) Paul Kim is a US citizen who resided in South Korea until Sep. 2015, when he relocated to California. For the taxable year ending December 31, 2015, Mr. Kim timely filed a Form 1040 reporting in addition to the amount of regular income tax owed $644,382 in net investment income tax (“NIIT”).Subsequently, Mr. Kim filed a Form 1040X for the 2015 tax year seeking a refund of $638,232 in NIIT. Mr. Kim claimed, under the U.S. – South Korea …
Adam Sowards V. Comm., TCM 2023-99
No Social Security Number Means No Credits (Adam Sowards V. Comm., TCM 2023-99) Adam Sowards and his spouse jointly filed federal income tax returns for the three years at issue. The 2008 return claimed the additional child tax credit (ACTC) with respect to his four children, along with the earned income tax credit (EITC) and the recovery rebate credit. The 2009 return claimed the ACTC with respect to the four children, along with the EITC. The 2010 return claimed the child tax credit (CTC) with respect to the four children. The returns did not provide SSNs for the children or …
Donald S. Ahaiwe, pro se, v. Comm., TCSO 2023-7
Insolvency Must Be Proved to Exclude CODI (Donald S. Ahaiwe, pro se, v. Comm., TCSO 2023-7) Donald Ahaiwe claimed an exclusion from income for canceled debt related to a credit card. Mr. Ahaiwe argued that he was insolvent at the time the debt was canceled and, therefore, met the requirements of §108(a)(1)(B) for the exclusion. Mr. Ahaiwe has the burden of proving his claim that he was insolvent. In support of his burden, Mr. Ahaiwe relied upon an “insolvency worksheet” he created, but the Court found the “worksheet is little more than numbers on a page.” Mr. Ahaiwe provided neither …
Jeffrey and Sandra Siegel v. Comm., TCM 2019-11
Alimony Requirement #6: Tax Court Allowed Alimony Paid in Arrears Under Court Order (Jeffrey and Sandra Siegel v. Comm., TCM 2019-11) Jeffrey Siegel was divorced in 2003. He was required to make spousal maintenance payments of $10,110 per month and child support of $5,000 per month. After the divorce, Siegel’s business went into bankruptcy, his income fell drastically, and he fell behind in making the payments required by the judgment of divorce. On Feb. 12, 2012, after several legal proceedings, the Supreme Court of New York found Siegel to be in contempt and sentenced him to 150 days in jail …
James Tarpey v. US, CA-9, Doc. No. 22-35208
Tax Shelter Promoter Penalties Applied Because Of Faulty Appraisals (James Tarpey v. US, CA-9, Doc. No. 22-35208 (Aug. 17, 2023)) James Tarpey, a lawyer, and businessman, formed Project Philanthropy, Inc. d/b/a/ Donate for a Cause (“DFC”) around 2006. DFC facilitated the donation of timeshares for timeshare owners who no longer wanted to pay timeshare fees or otherwise wanted to dispose of their timeshare properties. Tarpey promised potential customers that they could receive generous tax savings from donating their unwanted timeshares to DFC. Tarpey himself appraised the value of some of the properties donated to DFC, and other properties were appraised …
Estate of Scott M. Hoensheid et al. v. Comm., TCM 2023-34
Donation of Appreciated Stock was Assignment of Income (Estate of Scott M. Hoensheid et al. v. Comm., TCM 2023-34) Scott Hoensheid in anticipation of the sale of Commercial Steel Treating Corp. (CSTC), a closely held corporation, contributed 1380 shares of CSTC to Fidelity Charitable Gift Fund (a donor advised fund). Contributing appreciated stock. When a taxpayer disposes of appreciated property via charitable contribution, they typically do not recognize any gain. This is because the taxpayer can avoid paying tax on the unrealized appreciation in the property and deduct the fair market value of the property contributed to a qualified charitable …
Duncan Bass v. Comm., TCM 2023-41
Non-Cash Donations of More Than $5,000 Require an Appraisal (Duncan Bass v. Comm., TCM 2023-41) Duncan Bass made noncash charitable gifts in 2017 to Goodwill, the Salvation Army, and Lend-A-Hand, which were reported on three Forms 8283 attached to his tax return. According to the Form 8283, the gifts to Goodwill had an appraised fair market value of $10,286 and were purchased for $4,360, while the gifts to the Salvation Army had an appraised fair market value of $10,060 and were purchased for $4,175. The gifts to Lend-A-Hand had an appraised fair market value of $10,340 and were purchased for …
Kenneth and Anita Brooks v. Comm., TCM 2022-122
Deed Was Not a Proper Contemporary Written Acknowledgement (Kenneth and Anita Brooks v. Comm., TCM 2022-122) On Dec. 15, 2006, the Kenneth and Anita Brooks Family LLC purchased 85 acres of real property known as Cotton Row Farm in Liberty County, Georgia, for $1,350,000. On the same day, the LLC subdivided the property into two parcels of 44 and 41 acres. The LLC granted and recorded a conservation easement over the 41-acre parcel on Dec. 27, 2007, to Liberty County. The LLC claimed a charitable contribution deduction of $5,100,000 on its 2007 Form 1065 for the contribution of the easement …