Nominations Due for 2010 Tax Offender of the Year

It’s time once more for nominations for the Tax Offender of the Year. To be considered for the Tax Offender of the Year award, the individual must do more than cheat on his or her taxes. It has to be special; it really needs to be a Bozo-like action or actions.

For your reference, here’s a list of prior winners:
2009: Mark Anderson
2008: Robert Beale
2007: Gene Haas
2005: Sharon Lee Caulder

If you have a nominee, feel free to send me an email (use the Contact button on the right side of the page).

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Tax Bill Passes: What This Means for You

After huffing and puffing and bloviating some more, Congress passed the compromise measure extending the Bush Tax Cuts for two years. It will be signed by President Obama in the next few days. Here’s what’s in and out and what this means for you.

  1. All of the current (2010) marginal tax rates will remain unchanged through 2012.
  2. The Estate Tax will be at 35% for estates above $5 million for 2011 and 2012.  As of now, the Estate Tax will move back to 55% on estates above $1 million for 2013.  The estate tax adds portability of the $5 million estate tax exemption; as noted in Joe Kristan’s post, this will add work for tax professionals–many estates which otherwise would not need to file an Estate Tax return will have to.
  3. The AMT patch has been added for both 2010 and 2011 (but not 2012).  The AMT exemption for 2010 will be $47,450 for individuals and $72,450 if married filing jointly.
  4. The bill lowers the social security tax on employees by 2% (to 4.2% from 6.2%) for 2011 only.  The employer portion of this tax will remain at 6.2%.
  5. Most of the tax breaks that needed to be extended were extended for2010 and 2011.  These include the R&D credit, the teachers’ tax deduction of $250, and credits on energy efficient appliances.  One tax break has vanished, though: You can no longer deduct property tax paid unless you itemize your deductions.
  6. This makes 2010 tax planning like most years.  In my most recent newsletter I wrote, “…[T]his year is the first time in the last twelve years where I’m advising many clients to move income into the current year rather than deferring income into the following year.  That’s because income tax rates are definitely going up, and this year you likely want to consider paying more in tax.”  This is no longer true.  Thus, the normal rules apply: In general, you should accelerate deductions and defer income. If you think you will be hit with AMT this may not be the case, and you should contact our office to discuss your specific situation.

So Merry Christmas, taxpayers, and enjoy the gift that Congress has left in your stockings for the New Year.

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Just What You Need for the Holidays: The Wesley Snipes Jail Breaker App

The world of cellphones has changed markedly over the past 20 years. I remember my first cellphone: It was a carphone, and it must have weighed 15 pounds. The service on it wasn’t that great, but it was a necessary evil when moving between orange groves in the San Joaquin Valley.

Today, cellphones do just about everything. They have calculators, do email, browse the Internet, and even make phone calls. The iPhone store has thousands of apps, those wonderful add-ons that do just about everything. Android phones offer nearly as many apps.

There’s a website called appitalism.com, and they’ve decided to market a new app…the Wesley Snipes Jail Breaker App. From the Orlando Sentinel comes word of the new app. It’s a game where you would try to tap (or click) on $100 bills that appear on jailbars. The new app will be available for both the iPhone and Android phones.

And if Mr. Snipes endorses the new app, there’s a reward for him: $10,000. Of course, Mr. Snipes will owe tax on that but Appitalism.com promises to pay the tax, too. Neither Mr. Snipes nor his attorney have responded to the offer according to the Sentinel.

Meanwhile, Mr. Snipes is likely braving the snow and cold in the federal prison camp near Erie, Pennsylvania.

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What Next for California?

Jerry Brown will soon (again) be California’s governor. When he became governor in the 1970s, California was in excellent financial shape. When Jerry Brown becomes governor again on January 3rd, California will face something like a $25 to $30 billion budget deficit.

Over the last several years, California’s budget has been balanced only through accounting gimmicks. The reality is that California has been operating with a large budget deficit since the early 2000s. Jerry Brown has stated that Californians will be faced with a choice between service cuts and tax increases likely in another special election. During current Governor Schwarzenegger’s term, there were two special elections dealing with taxes. Additionally, taxes were on the general election ballot on various occasions. What is interesting to note is that, in all cases tax increases were voted down by the electorate. I have no doubt that the electorate will continue to vote down any tax increases. So what should Jerry Brown do?

Well, here’s what I would do:

First, everyone in California politics needs to recognize that California’s business climate is dreadful. The Tax Foundation ranks it just about on the bottom of all fifty states. Yes, California has some advantages (Silicon Valley, a wonderful climate, etc.) but tax policy is definitely not one of those. Tax increases are not the answer.

For the short-term, revenues will be whatever they are. Call that number x. Why not take that dollar amount, and match it to the prior budget with that amount of revenue? Yes that’s simplistic, and it would require cutting of programs and bureaucracies, but it’s the simplest solution to painful problems.

The reality is that California desperately needs tax cuts to attract business. Until that happens, California will continue to lurch from budget crisis to budget crisis.

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Will They or Won’t They?

I’m in Las Vegas (I have an audit here tomorrow morning), and it’s definitely a good locale given the fight over the Obama/GOP compromise on the Bush Tax Cuts. The 111th Congress has but a couple of weeks left, but one major issue still exists: Will the compromise pass as is, will it be modified in some manner, or will it fail and tax rates rise for everyone?

I haven’t a clue which whey this will end, and it’s very hard for me to give good tax advice when the tax rate could be x or y. Will certain items be extended or not?

Las Vegas is a perfect place to discuss this as it’s definitely the location for any discussion of betting odds. But I don’t know what those odds are, and I think it will be much wiser for me to just see the results in a week.

The same is true for poker aficionados who are waiting to see if Senator Harry Reid (D-NV) will insert into the compromise or some other piece of ‘must-pass’ legislation a measure that would clearly legalize and regulate online poker in the United States.

I’ll let you know when we have facts rather than speculation.

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Compromise Reached on Taxes; Will It Pass Congress?

Senate negotiators and President Obama reached an agreement on temporarily extending the Bush Tax Cuts for two years. Included with this will be two years of a $5 million estate tax exclusion with estates over this amount taxed at 35%. Also included was an extension of unemployment benefits.

There’s also a new tax reduction: The social security (FICA) tax one employees will be reduced for one year from 6.2% to 4.2%. The employers’ share would remain at 6.2%.

What was apparently agreed to is an outline; the exact details must still be worked out. Still, perhaps it’s a compromise both sides can live with. Or as Peter Pappas notes, perhaps its a measure that ideologues on both sides will reject. The very liberal wing of the Democratic party in the House is the most likely to balk at this agreement.

Still unknown at this point is the annual AMT patch and online gambling legislation. We’ll likely know more on both of these by week’s end.

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Bush Tax Cuts Likely Will be Temporarily Extended

It appears that there will be a temporary extension of the Bush Tax Cuts for two years. At least, that’s the direction Congress is moving in from news reports. While the House passed a motion to only approve an extension of the cuts for the “Middle Class,” that bill died in the Senate. President Obama signaled a willingness to compromise if there’s an extension of unemployment benefits. So there’s the probable compromise: Extension of the Bush Tax Cuts for all along with an additional one-year of unemployment benefits.

Of course, that does bring up some issues:

  • When will the AMT Patch be passed?
  • Will legislation pass dealing with the Estate Tax or will I be doing lots of Estate Tax Returns in the future?
  • Will Harry Reid (D-NV) insert online poker legislation into either the AMT Patch bill or the Bush Tax Cut/Unemployment Benefits legislation?

Add to this the possibility that Harry Reid will insert online poker legalization into this bill and it should be an interesting week in Washington.

Posted in Legislation, Uncategorized | 1 Comment

Will Online Poker Legalization Come Out of the 111th Congress?

The poker world is abuzz with word that Senate Majority Leader Harry Reid (D-NV) is circulating legislation that would legalize online poker in the United States. Poker newsgroups, such as 2+2, have long threads on the proposed legislation. Here’s what’s known at this point:

  1. The proposed legislation is circulating in various drafts in Washington.  Like the UIGEA that, in theory, made financing online gambling illegal, this legislation would be attached to some “must-pass” legislation.  The two most obvious targets are the AMT patch and the compromise bill that would extend the Bush Tax Cuts and unemployment benefits.
  2. The bill would implement a United States-based licensing scheme, with licensing run through state licensing boards.  Given that Harry Reid is from Nevada, the Nevada Gaming Commission would likely be preeminent in such matters.
  3. In one draft of the legislation, states that have legalized poker (except Washington) would be considered to have “opted in” to the legislation; states without legalized poker would be considered to have “opted out.”  States would be able to switch, probably by a vote of the state legislature and such legislation being signed by the state’s governor.  If you’re a resident of Utah, it’s likely you will be out of luck.
  4. Eventually, current providers of online poker would be allowed to apply for licenses.  It’s likely it will be some time before they’ll actually be able to obtain the licenses.
  5. The bill makes other types of online gambling (e.g. online blackjack) a clear violation of the Wire Act.
  6. There will likely be other impacts depending on the exact wording of the legislation.

For the online gambling community, you need to remember that this is draft legislation being circulated behind the scenes. There is a good chance this legislation is not attached to anything, and does not make it into law. And as always, the devil is in the details, and this Congress has been quite good about voting on legislation first and then reading it second (e.g. Obamacare).

In one way this is deja vu. Back in 2006, then Senator Bill Frist pushed through the UIGEA by attaching it to the Safe Ports Act. It will be interesting to see if the effective end of the UIGEA for online poker comes about by legislation attached to some other must-pass bill.

Posted in Gambling, Legislation | 1 Comment

Blade: Pennsylvania Coming Soon

Wesley Snipes will soon be reporting to prison in Lewis Run, Pennsylvania. Mr. Snipes was ordered to report to the Federal Correctional Institution McKean by noon on December 9th. I’d expect that Mr. Snipes will be in FCI McKean’s satellite minimum security prison camp. FCI McKean is 90 miles south of Buffalo, so Mr. Snipes will get to experience the joys of lake effect snow.

Joe Kristan has more.

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Shaming in Income Tax for the Fourth Quarter

Not only has the BOE updated their list, but California’s Franchise Tax Board has updated its list of the top 250 delinquent in income tax. It took just $290,965 to make this list, but leading the way are Halsey and Shannon Minor of San Francisco. The Minors are shown as owing $13,120,479.

There aren’t as many celebrities on the list as in the past, though one Pamela Anderson is shown owing $493,145. Also shown on the list is Ronald Isley; he owes $303,411.

The total owed by these 250 taxpayers (which does include some business entities) is $140,515,958.

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