Many people enjoy hobbies and even earn money as a result. That income is reportable and business related to the income may be deductible so long as the activity is not truly a hobby. The way the activity is treated is important in determining whether the government...
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IRS
District Court upholds imposition of failure-to-deposit penalty despite full, timely tax deposits
Recently the District Court for the Western District of Kentucky upheld the imposition of a penalty under I.R.C. sec. 6656(a), which provides a penalty in the case of any failure to deposit a tax payment on the due date unless that failure is due to reasonable cause...
Tax-Exempt Status just got Easier
The IRS has created a new form to help small charitable organizations obtain 501(c)(3) tax-status. Instead of filing the 26-page Form 102, qualified organizations may use the IRS' new form, 1023-EZ, to complete the application. An estimated 70 percent of organizations...
ITIN Users Need Not Apply
The IRS has revised its plan to revoke Individual Tax Identification Numbers (ITINs) after five years of issuance based on the response from taxpayers and their representatives. Instead, beginning in 2016, the IRS will only retire those ITINs which have not been used...
Tax Court rejects $10.7 million in transferee assessments proposed by the IRS
Last week the Tax Court issued an opinion involving proposed transferee liability assessments in excess of $10.7 million in which it rejected the IRS's proposed application of federal law to recast a transaction under the substance over form doctrine. Swords Trust v....
Two Free IRS Webinars for Small Businesses in May 2014
According to the Internal Revenue Service (IRS), it will hold two free webinars for small businesses on this year's "Small Business Week," May 12 to 16. The Webinars focus on several key tax benefits and a special relief program for employers who reclassify their...
Court finds settlement proceeds from mortgage fraud lawsuit were not includible in income
In a Summary Opinion, the Tax Court found that a taxpayer did not have $10,000 in unreported income with regard to settlement proceeds resulting from a mortgage fraud lawsuit. Kadir v. Commissioner, T.C. Summ. Op. 2014-43.In Kadir, the taxpayer had refinanced his...
New FATCA Guidance
The IRS provides further clarification and announces its intention to further amend certain Regulations concerning FATCA. In order to facilitate an orderly transition for withholding agents and Foreign Financial Institutions, the years 2014 and 2015 will be treated as...
The Countdown Begins as the IRS prepares to Release the First List of Approved Foreign Financial Institutions in Compliance with FATCA
The IRS recently issued Announcement 2014-17, providing an update on jurisdictions treated as having intergovernmental agreements (IGAs) with the United States in order to implement the Foreign Account Tax Compliance Act (FATCA). As of the date of the announcement,...
Taxpayers can waive the attorney-client privilege by raising good faith and state-of-mind defenses during litigation
The Tax Court recently issued an opinion in AD Investment v. Commissioner, 142 T.C. No. 13, in which the Court granted the IRS's motion to compel the production of documents. The controversy arose in the context of two consolidated Tax Court proceedings involving...
