Walt Eddy's Blog, page 6

Laughing Out Loud

These lines from a tax decision struck me funny. "Anthony Oropeza earned wages in 2002 and 2003 but reported zero income and zero tax liabilities because, he wrote in attachments to the returns, his income was not 'income' in the 'constitutional' sense. Mr. Oropeza's position is, in a word, 'frivolous.' Just like we held it was the last time he was in Tax Court."

Heather Moore: ALMA vs. Maia

Heather Moore was gracious enough to let me read her new novel, ALMA, and I am glad I did. I haven't read too much fiction for her intended audience, so this was somewhat new for me. I recommend it to anyone interested in having the life of Alma the Elder from the BOOK OF MORMON more fleshed out. I also recommend it to anyone otherwise interested in reading fast-paced fiction involving elements of romance, friendship, and religious devotion.

For me, the book ALMA is misnamed, though.

Its...

Why Isn't This Fraud IRS?

WILLIAM G. HALBY, a lawyer in New York for 40 years, specializing in tax law, frequented prostitutes and kept track of his visits in a journal and purchased pornography and books and magazines on sex therapy, apparently keeping decent documentary evidence of the costs. He then claimed medical expense deductions of $76,314 in 2004 and $49,203 in 2005 for these costs.

Fraud and Other Stupidity

Ron and Tricia Bell got greedy. They faced additional taxes and penalties, including ones for fraud. The Tax Court reached a decision on Wednesday.

Big bucks. Interesting story . . . well, maybe not so much. Use your imagination. Check it out if you are interested in cheats.

Another Doctor Claims His Wife's Horse Losses

Wednesday, the Tax Court issued an opinion in a case involving another doctor whose income supported his wife's horsey losses that the IRS said were hobby losses. See the Phemister case to read about it. The case also covers innocent spouse, failure-to-file, and negligence penalty issues.

A New Tax Book

I haven't posted here in quite a while. It hasn't felt very compelling to do so. It's not that there isn't plenty to say, or news that breaks every day relative to the tax aspects of writing or other artistic activities. It just hasn't stirred my interest or seemed very productive over against other things I've been doing.

However, lately I've been thinking about another tax book for writers and artisans. What I have in mind is collecting information from authors and artisans who have had...

Rick's Writing Was for Business

Rick, the writer, did have a viable business, according to the Tax Court; his writing activity was not a hobby.

What made the United States Tax Court conclude that he was in the business of writing?

First off, the court believed Rick conducted aspects of his writing in a businesslike way. He hired agents to help him negotiate prices for the sale of his screenplays.

He had a long history as writer, with publishing credits and success in the endeavor. Because he had worked in the field for such a...

Rick the Writer

Maybe I've mentioned this case before. If so, I'm going to mention it again. It came out in 1999, about ten years ago now. It is a United States Tax Court case, TC Memo 1999-163 involving Rick and Ruth Richards. The Richards represented themselves before the court. IRS audited them and determined a deficiency for the year 1994, some sixteen years ago now. The deficiency that the IRS alleged was $1,328 and they asserted that the Richards had not exercised ordinary business care and prudence...

IRS Strategic Plan

Contrary to what may be intuitive, IRS has a strategic plan. It is a plan that ran from 2005 to 2009. You can read it online, at IRS.gov. If you can't sleep, I recommend it. The nice thing about the plan is that it expires this year which means there will be a new one. Of course, the IRS can plan all it wants to do this or that, and just like anything else, if it doesn't have the funds to carry out the plan it is all for naught. The same is true of any government agency and it can have...

Bank Deposits Analysis

If a taxpayer fails to file a return, there are several things IRS can do to get around that. If the taxpayer is employed, it gathers the employers W-2s and 1099s and utilizes them to construct what a return would look like. Say, however, the taxpayer is self-employed --- maybe he operates a bookstore or some other retail outlet. What does the IRS do then? Well, if the taxpayer kept checking and savings accounts, IRS might utilize those accounts to reconstruct his income from the deposits in ...