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Crypto Gains and Tax Court Games: Exploring the “Unclean Hands” Defense

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Baseball, apple pie, and finding creative ways to pay fewer taxes, is there anything more American? Judge Learned Hand famously said in 1934, “Any one may so arrange his affairs that his taxes shall be as low as possible; he is not bound to choose that pattern which will best pay the Treasury; there is not even a patriotic duty to increase one’s taxes.” Since the inception of the Federal Income Tax, taxpayers have looked for increasingly creative ways to avoid it. This exploration is no different: A taxpayer attempts to wash his hands of his tax liability all together.

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TAX COURT ROUNDUP – MARCH 2024

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February was Discovery Month at Tax Court. The high-deficiency, high-profile conservation easement cases coming from IRS crackdown put a premium on the old continuing legal education staple “win your case at discovery.” But it doesn’t go so well for shotgun demands, nor for broad-spectrum claims of privilege. Of course, more was resolved than just discovery disputes, but I’ll get to those.

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Mitigating Risks: A Roadmap for Withdrawing Employee Retention Credits or Filing Income Tax Returns for Clients Who Have

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Just in – the IRS dropped a hot alert about the Employee Retention Credit (ERC), and it’s time to pay attention . With the March 22, 2024, deadline creeping up for the ERC Voluntary Disclosure Program, it’s crucial for those who mistakenly filed a claim to take action. This program lets businesses repay just 80% of the claimed amount, so it’s a chance to make things right. If your clients filed a claim that’s still in the pipeline, it’s time for a double-check. Review the guidelines ASAP and withdraw the claim if it doesn’t pass muster.

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Soapbox Ethics: Circular 230 And the Unauthorized Practice of Law

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The beneficial ownership reporting requirement established by the Corporate Transparency Act has created a fair amount of chaos concerning whether providing reporting services to clients is the unauthorized practice of law (UPL). While some state bar associations have come down on one side or the other as to whether certain types of reporting are UPL, the Treasury offers no clear guidance. What the IRS has made clear recently is that Circular 230 ethical obligations extend to matters beyond what the Loving case determined was “practice before the IRS.”

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How Tax Professionals Can Navigate Complex Financial and HR Conversations Using AI: The ChatGPT C.A.R.E. Method

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In the intricate world of accounting, tax professionals are often perceived as navigators traversing through the seas of numbers and financial statements. A lesser-discussed aspect of their role is the management of complex and emotionally charged conversations. Tax accountants frequently find themselves at the center of discussions that are not just about figures on a spreadsheet but deeply intertwined with the personal and business well-being of their clients. From addressing audit discrepancies to handling sensitive tax liabilities, these scenarios demand more than just technical know-how; they require a blend of empathy, clear communication, and emotional intelligence.

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The Latest on Proposals for a Wealth Tax

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Should the rich pay more taxes? Are they dodging their equitable responsibility? Or do wealth taxes discourage people from the American dream of trying to get rich? Taxes are what the other guy in America should pay and the rich, with headline exemptions like Warren Buffet and Bill Gates , usually join the chorus of taxpayers who say they don’t want to pay more taxes no matter how much they’re worth. Call the concept one of a fair share or just simply unfair, a national wealth tax continues to ignite debate and legislation. What’s the latest?

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Buying Tax Credits: Inflation Reduction Act

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Tax shelters offered high income taxpayers an easy way to reduce and even eliminate federal income taxes at the individual level. The growing tax avoidance schemes, many questionable in nature, threatened to collapse the U.S. tax system. Hence the need for tax reform and the Economic Recovery Tax Act of 1981 (ERTA). New rules cannot keep a tax professional down. Real estate was once again the favorite tool for reducing taxes. Enter cost segregation. Couple that with bonus depreciation and the automatic change of accounting method using Form 3115 , and you have a recipe for serious tax reduction. The tax shelters of the 1970s were often questionable. Cost segregation is still a valid way to accelerate deductions for income property owners. But none of that compares to the tax benefits available under the Inflation Reduction Act of 2022 (the IRA).

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