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Married Filing Separate Taxpayer Has Mortgage Interest Deductions Reduced

A married taxpayer filing “married filing separate” took the mortgage interest deduction on a house purchased with a family member.  The court recognized that that Congress did not intend for “married filing separate” taxpayers to be able to take the full amount of the interest deductions allowable under Section 163.  The taxpayers deductions for mortgage […]

Tax Attorney Reports Offer in Compromise Allows IRS to Retain Stimulus Rebates and Refundable Credits

The taxpayers, attempting to settle taxes with the IRS, signed standard Offer in Compromise (“OIC”) forms, including IRS Form 656, the required form for OIC filers.  The OIC was accepted by the IRS in 2007.  For the 2007 year and on the taxpayer’s 2007 return, filed in 2008, the taxpayer’s claimed an earned income tax […]

Contributions to LLC Wholly Owned by Charity are Made to Charity

The IRS  has clarified that contributions to a single member LLC, owned by a charity, are made to the Charity.  The IRS formally recognizes the disregarded status of single member LLCs in the charitable organization context, consistent with the treatment of these single member LLC disregarded entities. IRS Notice 2012-52.

Louisiana Tax Lawyer Explains Fast TRACK Settlement for Tax Exempt Entities

The IRS made permanent the fast track settlement program with regard to tax exempt and governmental entities.  Eligible cases under this fast track program will receive the expedited settlement process.  However, a number of exclusions exist with the program. See IRS Announcement 2012-34

Children Must be US Citizens for Dependency Exemption

The court, interpreting Section 152, and Reg. Section 1.152-2, held that the couple residing in Israel with non-citizen children were not entitled to the dependency exemptions. Carlbach and Fried v. Commissioner, 139 TC 1, July 19, 2012.

Masonry Workers held to be Employees, not Independent Contractors

Applying the common law employee test, the tax court held that masonry workers were employees, and not independent contractors for purposes of federal income tax, FICA and FUTA withholding.  The tax court noted the degree of control was sufficient to indicate an employer / employee relationship.  The workers were paid an hourly wage, were employed […]

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