our legal blog

IRS Calls Practitioners over EITC Claims

February 20, 2013 | Tax Laws

IRS Calls Practitioners over EITC Claims The Earned Income Tax Credit, often called the EITC, is a tax credit that can help taxpayers keep more of what they earn.  It is a refundable federal income tax credit for individuals and families who earn low or moderate income.  When the EITC exceeds the amount of tax owed, there is a refund for taxpayers who claim and qualify for the credit.  In order to qualify, you must file a tax return and meet a set of r... CONTINUE READING

The IRS, Tax Preparers and the US Supreme Court

February 6, 2013 | Tax Laws

The IRS, Tax Preparers and the US Supreme Court On March 13, 2012, three tax preparers filed a lawsuit against the Internal Revenue Service in the U.S. District Court for the District of Columbia.  They filed the suit because they believed that the IRS did not have the authority to license tax preparers. The plaintiffs claimed that Congress did not give the IRS authority to license tax preparers, and the IRS cannot give itself that power. Beginni... CONTINUE READING

The Foreign Account Tax Compliance Act (FATCA) and Effect on 2012 OVDI

January 28, 2013 | FBAR

The Foreign Account Tax Compliance Act (FATCA) and Effect on 2012 OVDI Foreign financial institutions are now required by law to disclose information on U.S. account holders, and have until the end of 2013 to implement new policies to prevent those holders from evading American taxes by using foreign bank accounts. The program was established under the Foreign Account Tax Compliance Act, or FATCA, became law in 2010.  It requires that foreign fin... CONTINUE READING

Mileage Logs: Keeping records is not enough to guarantee tax deductions

January 21, 2013 | Tax Compliance

Mileage Logs: Keeping records is not enough to guarantee tax deductions Every year the Internal Revenue Service issues optional standard mileage rates used to calculate the deductible costs of operating an automobile for business, charitable, medical, or moving purposes.  Starting on January 1, 2013, the stand mileage rates for the use of an automobile are: 56.5 cents per mile for business miles driven 24 cents per mile driven fo... CONTINUE READING

Tax Settlements to Exonerated Prisoners: A Way to Avoid this Tax Problem

January 2, 2013 | Tax Debt

Tax Settlements to Exonerated Prisoners: A Way to Avoid this Tax Problem Federal Congressmen introduced a bill on March 22, 2012 that would prohibit the Internal Revenue Service from taxing settlements awarded to anyone wrongfully convicted of a crime and then exonerated later. These wards are typically paid out by the State or City who wrongfully convicted the person. The Wrongful Convictions Tax Relief Act of 2012 would amend the Internal Revenu... CONTINUE READING

Tax Court and S Corporation Wages

December 31, 2012 | Tax Laws

Tax Court and S Corporation Wages A recent tax court case, David E. Watson, P.C. v United States, has upheld the IRS re-characterization of S corporation distributions as wages. The individual shareholder-employee in the case, David Watson, CPA, was a partner in an accounting firm.  Watson made a mistake in the level of compensation he was entitled to for his business.  In 2002, Watson received a salary of $24,000, but was receiving $203,... CONTINUE READING

The Use of Mail Delivery Services to Timely File a Petition with Tax Court

December 21, 2012 | Tax Laws

The Use of Mail Delivery Services to Timely File a Petition with Tax Court A timely mailed petition to Tax Court can be treated as if it was timely filed, even if not received by the filing due date if mailed using an acceptable mail carrier. Therefore, a petition received by the Court after the 90-day period is considered to be received timely if the date of the U.S. Postal Service postmark was stamped on the envelope that is within the 90-day period.... CONTINUE READING

First Time Penalty Abatement, Tax Penalty Relief!

December 19, 2012 | Tax Relief

First Time Penalty Abatement, Tax Penalty Relief! If you have no history of tax problems with the IRS, such as back tax returns, but you incurred a penalty for failing to file a tax return, or failing to pay taxes on time, you may be in luck and be able to obtain tax penalty relief. The Internal Revenue Service will often lessen certain penalties for ta... CONTINUE READING

NYS Tax POA Form

December 4, 2012 | Tax Laws

NYS Tax POA Form When clients engage a tax attorney to help them resolve a tax problem certain tax forms need to be submitted to the Internal Revenue Service and New York State that show that we, as your tax professional, can act on your behalf. Below are the two forms that allow us to represent you before the Internal Revenue Service and New York State Tax Department. IRS Form 2848 This tax form is used to authorize a tax... CONTINUE READING

When it Comes to Tax Reform, “Keep it Simple”

November 25, 2012 | Tax Laws

The debate on tax reform in this country has been around as long as there have been income taxes. The very first time a federal income tax was imposed was on August 15, 1861 as part of the Revenue Act of 1861 in order to help pay for the Civil War. The first peacetime tax was imposed in 1894 when Congress passed the Wilson-Gorman Tariff which imposed a 2% tax on all incomes over $4000 per year (that equals $107,446 in 2011 dollars) which meant that less than 10% of all households would pay any t... CONTINUE READING