Category: Taxes

Most S-Corporations should pay greater attention to shareholder/employee compensation

The IRS continues to pursue S-Corporations that do not pay employment/payroll taxes on what the IRS considers to be reasonable compensation. Following other cases on this subject, in Sean Mcalary Ltd, Inc., vs. Commissioner Of Internal Revenue, T.C. Summary Opinion 2013-62 (August 12, 2013), the Tax Court generally ruled in favor of the IRS. The …

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IRS fumbles around $125 Billion in the last decade for incorrect EITC

The Earned Income Tax Credit (EITC) is a refundable tax credit that allows those completing a tax form to get a refund in excess of any tax that might have been paid. The Internal Revenue Service (IRS) is responsible for administering the EITC. Congress originally approved the EITC legislation in 1975. In an August 28 …

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IRS Tax Filing Delay is for Them, Not You

The government shutdown has led to the IRS’ recent announcement that it will delay the start of the 2014 tax filing season at least a week and likely more.  The tax season was scheduled to begin on January 21, 2014.  This delay provides the IRS with needed time to program and test tax-processing systems, efforts …

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President Obama proposes still more tax increases

With debt ceiling talks getting more attention, the issue of tax increases will again be on the table. If you thought last year’s massive tax increase satisfied the “tax the rich” proponents, you are wrong again. Here is a summary of the tax increases President Obama included in his 2014 budget. Although these tax increases …

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Permanent link to this article: https://betweenthenumbers.net/2013/09/president-obama-proposes-still-more-tax-increases/

Tax Treatment for Employee Litigation Settlements

The IRS recently issued Chief Counsel Advice (CCA) Memorandum 20133501F, which addresses the appropriate tax treatment for litigation settlements with current or former employees.  The guidance was as follows: “When are attorney’s fees paid by an employer as part of a settlement agreement with a former employee subject to employment taxes? In the absence of a …

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Permanent link to this article: https://betweenthenumbers.net/2013/09/tax-treatment-for-employee-litigation-settlements/

IRS officially recognizes same sex marriages

On August 29, 2013, the Internal Revenue Service (IRS) issued Revenue Ruling 2013-17. Consistent with the U.S. Supreme Court ruling in Windsor, the IRS concludes: “…individuals of the same sex will be considered to be lawfully married under the Code as long as they were married in a state whose laws authorize the marriage of two …

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Swiss Banks No Longer a Haven?

Since 2009, the U.S. Department of Justice has charged more than 30 banking professionals and 68 U.S. accountholders with violations arising from their offshore banking activities, with ongoing investigations proceeding against 14 additional Swiss-based financial institutions.  In an effort to improve this process, the U.S. Department of Justice and the Swiss Federal Department of Finance jointly announced …

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IRS still needs to shore up its fraud detection efforts

With a self reported estimate of $19.2 billion worth of tax return fraud each year, the IRS is working to improve its detection efforts.  The Treasury Inspector General for Tax Administration (“TIGTA”) issued a July report highlighting weaknesses in the IRS’ Return Review Program (“RRP”).  The TIGTA recommended that the IRS Chief Technology Officer implement the …

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Whistleblower’s litigation costs are deemed deductible business expenses

A federal district court, in the matter of Bagley, No. 2:10-cv-00483-RT-FMO (C.D. Cal. 8/5/13), has determined that Richard Bagley was engaged in the trade or business of pursuing False Claims Act lawsuits against his former employer and was thereby entitled to deduct legal expenses related to that endeavor as ordinary and necessary business expenses. The False Claims Act (FCA) …

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Consideration of Taxes in a Lost Earnings Calculation

Considering taxes in a lost earnings calculation related to personal injury matters may materially alter the damages amount.  In the well-known 1980 Supreme Court case, Norfolk & Western Railway Co. v. Liepelt, the Court ruled that courts should consider taxes and calculate lost earnings net of income taxes.  The Court’s rationale was that the damage …

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