If It Sounds Too Good to be True…

…It usually is.

The New York Times today has a story on tax shelters (free registration required). It’s good reading, and brings up the basic issues that you need to consider about any tax shelter:

– Is there a purpose (other than sheltering tax) behind the transaction?
– Do you understand the transaction?
– Can you explain it to your spouse or best friend?
– Do you have independent professional advice on the transaction?

If the answer to any of these questions is “no,” get professional advice and reconsider the transaction!

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Stupid Budgeting Trick

This evening I attended continuing education (required for professional tax preparers) and heard about changes in California tax law. As I was reading the material, I thought there was a typographical error on one item:

“Seventy-five percent of punitive damage awards adjudicated by June 30, 2006 (filed after August 15, 2004) must be paid to the state.”

My first thought in reading this is that California passed a law enacting a 75% tax on damages and I never heard a word about this, even from the trial lawyers? Then I asked myself how many lawsuits filed after August 15, 2004 will be resolved through a court judgment by June 30, 2006? The answer is easy: 0. The court system in California is so backed up it takes, on average, five years for a case to reach trial.

So why was this provision passed as part of last year’s budget? As I found tonight, it was the only item that the Governor and the legislature agreed to on the first go round of eliminating the $8 Billion deficit. On paper this provision added $450 Million in revenues to the state. Of course, all parties knew that this was just a budgeting trick, and that no revenues would ever come through this tax. I wonder what other similar items are out there — but I probably don’t want to know.

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Tax by the Mile?

Over the past few months, there have been stories (trial balloons?) on replacing the gasoline tax with a “per mile” road tax. As this story from CBS notes, Oregon is testing the idea. For a large number of reasons, this is a bad idea that is likely doomed to failure.

[Click on “Show” to read the rest of the story]

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We Get Noticed

Thanks to Roth & Company’s Tax Notes for noticing this blog. I especially like the pictures from Newport Beach (taken before the rain of Friday & Saturday) and the snow in Des Moines.

By the way, I heartily recommend their Tax Notes. It’s an excellent forum, with good commentary.

Posted in Taxable Talk | Comments Off on We Get Noticed

California’s Tax Amnesty

For those who didn’t file, or those that California thinks didn’t file, there is a tax amnesty underway. To accountants’ dismay, the filing period is concurrent with the tax season (February 1st – March 31st). An excellent article on the amnesty is available here.

If you receive a letter from the Franchise Tax Board, don’t throw it away! This means that they think they didn’t receive a filing (or there is some other situation). Contact your tax professional immediately.

We strongly recommend that you keep your tax filings forever. Although California’s statute of limitations is four years (the IRS’s is three years), California does not have a statute of limitations on debt collection.

I’ll be writing more about California’s amnesty program in the near future.

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HSAs: Will California Conform

Health Savings Accounts (HSAs) are an excellent vehicle for saving money on health care and have tax advantages for your Federal tax returns. But California has yet to conform and, based on last year’s experience, probably won’t.

According to this article in the San Francisco Chronicle, State Senator Abel Maldonado has reintroduced legislation so that California conforms to Federal law. We’ll hope that the bill passes (you can follow the progress here), but we’re not holding our breath.

Posted in California | 2 Comments

Board of Minutes and Resolutions (Scam Alert)

Having returned from four days in computer netherworld, I ventured to get the mail from my PO Box and found a letter from the “Board of Minutes and Resolutions, Compliance Division.” For just $175, this “Board” promises to do your annual compliance filing (in California, that’s with the Secretary of State’s office; in other states, the Board of Corporations handles this function). If you do it yourself, it costs $25.

It’s a scam, of course, in probable violation of several California statutes — The fraudulent use of corporate ID numbers; Language designed to frighten recipients into acting quickly; Language designed to convince recipients that their service is necessary to maintain compliance with state regulations when it is not; Lack of a true physical address where the business is located on the solicitation form; and
Fraudulent use of multiple private mail box drops to make it appear that they are a government agency.

When you receive an invoice that you aren’t expecting, make sure it’s real. In this case, the envelope noted it was mailed “Standard” rate (formerly bulk rate).

Incidentally, I found lots of information on scam.com — a good source for future reference.

— Russ

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Farrago a la Evasion

Our thanks to Roth & Company’s Tax Updates for this article to a Tax Court decision on a frivolous appeal, or, as the Tax Court put it:

Petitioner filed a timely petition in which he sets out a farrago of nonsense as to why the notice of deficiency is invalid and he does not owe the tax determined.

>From Special Trial Judge Powell of the Tax Court, in Currier vs. Commissioner, T.C Memo 2005-21.

Farrago, according to www.dictionary.com, means “an assortment or medley; a conglomeration.”

Oh, Currier lost the case.

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Flat Tax

Does anyone believe our tax system is fair and easy to comprehend? I’m a professional tax preparer, and there are sections of the Tax Code that I don’t understand completely (when I run across such an issue, I get help).

Even though it would probably eliminate a good portion of my business, I’m in favor of a fair flat tax. So is Alabama’s Richard Shelby who, according to this story in the Tuscaloosa News plans on reintroducing it in the Senate.

It’s doa in Congress, at least for now.

Posted in Legislation | Comments Off on Flat Tax

“Fired” Judge Gets Last Laugh

If you’re ever in court, hopefully you won’t insult the judge. It might come back to bite you.

According to the Arlington (TX) Star-Telegram, Charles Ford and his wife Bivian Brumley were found guilty of tax evasion. Presiding at the trial was US District Court Judge John McBryde. During the trial, Ford and Brumley told the judge and the bailiff, “You’re Fired.”

Any bets on them receiving the maximum sentence (sentencing is May 20th)?

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