Category Archives: Tax Court

Contumacious Conduct

What happens when you battle the IRS in Tax Court, but lose? You have to pay what you owe. If you don’t, you can face a lien or levy. Today, the Tax Court stepped in when a one-time loser became … Continue reading

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Circular Funding Doesn’t Work

When an S corporation has a loss, the loss flows through to its’ shareholders. But shareholders can only take the loss if they have a basis in the corporation; the basis is (in general) the shareholder’s share of the profits … Continue reading

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Bozo Tax Preparer Strikes Out

After noting the previous Tax Court Decision, I was a bit surprised to find the final case reported yesterday to be a whopper. Consider a “professional” tax preparer who doesn’t prepare his own tax return. The IRS discovers that the … Continue reading

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Dummy Returns or A Dummy?

Sometimes one must only look in the mirror to see who is the bozo. Yesterday, a taxpayer who didn’t file claimed that the IRS “…prepared only “dummy returns” for 2000 and 2001, and that respondent’s determination of his deficiencies in … Continue reading

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“Doctored Receipts and Implausible Testimony”

It’s not a good thing for you when the Tax Court begins its opinion with “…[the petitioner] seeks to deduct expenses by relying mostly — if not quite entirely — on doctored receipts and implausible testimony.” The opinion includes such … Continue reading

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Once Burned ,Twice Shy

The Tax Court was in a foul mood today, as they disposed of several frivolous taxpayer cases. In one case, they note, “We advised petitioner at the 2001 trial that his arguments were frivolous, and we admonished him against advancing … Continue reading

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Tax Court: The AMT Is Unfair, But You’ve Got to Pay

The Tax Court today decided a case where the petitioner’s complain that the Alternative Minimum Tax (AMT) shouldn’t apply to them because of “equitable grounds.” The petitioners did not have any tax preference items. They aren’t the high income millionaires … Continue reading

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When You Bury Your Head in the Sand…

…You’re stuck, and look fairly stupid. At least once a week, the Tax Court tells a tax protester that, “Yes, Virginia, there is an income tax, and you must pay it.” And your arguments that (a) it’s unconstitutional, (b) you … Continue reading

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Why You Spend the $4.42

I’m amazed that some of my clients don’t want to spend the $4.42 for certified mail (return receipt requested) when communicating with the IRS. Today the Tax Court released a case where a filing got misplaced in the mails; however, … Continue reading

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Taking the Fifth

Almost everyone knows the text of the Fifth Amendment to the US Constitution: No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases … Continue reading

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