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The tax code provides specific rules for when taxpayers can claim deductions for losses. These are rules enacted by Congress. There are other so-called “judicial doctrines” that allow the courts to override the rules set by Congress. There are several of these that frequently come up in tax disputes, such as the economic substance doctrine……
Category: Tax
How to Identify Physical Injury from Vague Settlement Agreements
Business owners and independent contractors sometimes receive legal settlements to resolve disputes. While most settlement proceeds must be reported as taxable income, payments for physical injuries or physical sickness can be excluded under specific sections of the tax code. This exemption can significantly impact the amount of tax due. The tax consequences focus on the……
When Is an Informal Tax Refund Claim Timely?
We’ve all experienced those moments when we say something and realize our wording wasn’t perfect. Yet from the other person’s nod or response, we can tell they understood our meaning perfectly well. We don’t feel the need to repeat ourselves with better phrasing. This is simply part of being human. A similar situation occurs with……
Are Energy Investment Tax Credits Subject to Passive Activity Rules?
There are a number of benefits for investing in renewable energy projects. The energy investment tax credits is one such benefit. Given the specialized nature of energy projects, these tax credits are often sold to taxpayers as investments by firms that organize and operate these investments. After making the investment and receiving allocation notices from……
Can Self-Employed Taxpayers Deduct the Value of Their Own Time?
Small business owners and self-employed professionals often spend countless hours developing products, services, or processes that enhance their business operations. A construction contractor might spend weekends designing custom software to track job costs. An engineer might devote evenings to developing a proprietary modeling program. In these situations, many entrepreneurs wonder: if they had hired someone……
Paying Taxes to the IRS Prior to Filing Bankruptcy
if a taxpayer owes taxes to the IRS and other debts that might push them toward bankruptcy, is it beneficial to pay the IRS first? What if the taxes are not dischargeable in bankruptcy given the various timing rules? Would this change the answer? For individuals, the bankruptcy process involves the appointment of a trustee.……
Distributions From Forfeited IRA are Not Taxable
You commit a crime, you are convicted, and you do your time. Then the IRS steps in to collect taxes. The IRS takes your assets to pay the tax that arose from your criminal activity. As part of this, the IRS seizes your IRA funds. Are you responsible for paying income taxes on the IRA……
Do FBAR Penalties Die With the Taxpayer?
When someone has an undisclosed foreign bank account that the government has not yet assessed penalties for and they die, can the government still pursue the penalties? The answer hinges on a fundamental legal classification that courts are actively debating—are FBAR penalties primarily punitive fines or remedial damages? If FBAR penalties are primarily punitive, they……
Claiming a Casualty Loss for Property You Don’t Own
Natural disasters can be expensive. This is particularly true for those who own or have an interest in real estate. Our tax laws provide some relief through casualty loss deductions and theft loss deductions. But what happens when someone pays to repair property they don’t legally own? This question is particularly relevant when parents continue……
Substantial Variance Doctrine for Informal Tax Refund Claims
Taxpayers often submit refund claims when they discover that they overpaid their taxes. Taxpayers usually do this by submitting a formal refund claim using the IRS’s prescribed forms. But this is not always required. In many cases, taxpayers will submit so-called “informal refund claims” to the IRS during the course of an IRS audit. The……