Annette Nellen, CPA, CGMA, Esq., Author at Think Outside the Tax Box

AUTHOR SPOTLIGHT

Annette Nellen, CPA, CGMA, Esq.

Annette Nellen is a professor in and director of San José State University's graduate tax program (MST), teaching courses in tax research, accounting methods, individual tax, property transactions, employment tax, leadership, ethics, and tax policy. Annette is active in the tax sections of the AICPA (including as a former chair of the Tax Executive Committee) and chair of the Virtual Currency Digital Asset Task Force, ABA (including as vice chair of the Tax Policy & Simplification Committee and former chair of the Sales, Exchanges & Basis Committee) and California Lawyers Association (currently serving on the Tax Section’s Executive Committee). In 2020-2021, she served on the AICPA-NASBA CPA Evolution Education Advisory Group as co-chair of the Tax Compliance & Planning Model Curriculum Task Force. She also serves on CalCPA’s Accounting Education Committee. In January 2023, she was appointed to the IRS Advisory Council (IRSAC).

Annette is the recipient of the 2013 Arthur J. Dixon Memorial Award given by the Tax Division of the AICPA, the highest award given by the accounting profession in taxation, and the 2019 Benjamin F. Miller Award from the Taxation Section of the California Lawyers Association for achievement and contribution in the field of state and local taxation law. Annette is a fellow in the American College of Tax Counsel. From 2006 to 2008, Annette was a fellow with the New America Foundation. Starting in January 2023, Annette is a research fellow with the Silicon Valley Institute for Regional Studies of Joint Venture Silicon Valley.

Annette is the author of Bloomberg BNA Tax Portfolio #533, Amortization of Intangibles, and Tax Analysts’ Tax Notes State Moving Forward? column. Annette is co-author/co-editor of four tax textbooks from Cengage (SWFT series). Annette is a frequent speaker on tax developments, new economy tax matters including cryptocurrency, tax reform and tax policy. She has testified several times before various legislative committees and tax reform commissions on tax policy and reform. Annette runs the 21st Century Taxation website and blog (www.21stcenturytaxation.com).

Prior to joining SJSU in 1990, Annette worked at a Fortune 500 company, the IRS, and EY (10 years total). Annette is a graduate of CSU Northridge (BS Business Administration; Accounting), Pepperdine University (MBA), and Loyola Law School (JD).

READ MORE BY Annette Nellen, CPA, CGMA, Esq.

Warning! Avoid the Latest “Dirty Dozen” Scams Identified By the IRS

Since at least 2001, the IRS has issued annual news releases warning taxpayers of scams they should be aware of and stay clear of. The release in 2001 included just eight scams but starting in 2002, the IRS expanded the list and dubbed these scams with the catchy moniker: the “Dirty Dozen.” In describing these lists, the IRS often warns taxpayers to “remain vigilant” against the scams, to not “fall prey” to them, and to “be on the lookout for” these dangerous activities.

While the warnings seem to be directed to individual taxpayers, the lists sometimes include warnings of scams directed at return preparers and employers. Tax practitioners certainly need to be aware of these scams to exercise appropriate due diligence to know if any client is involved in a scam such as an abusive tax shelter, and to help educate clients about the numerous and growing number of scams many of which are designed to steal their personal and financial data and resources.

This article covers the 2022 “Dirty Dozen” list. It also includes suggestions on how practitioners might use this information in tax compliance and planning and to help clients protect their identities and assets and avoid tax problems. Additional resources for dealing with the items on the list are provided.

A chart listing the “Dirty Dozen” items from the start in 2001 through 2022 is included to show trends and the reality that some scams such as identity theft, phishing, return preparer fraud and frivolous tax arguments have made the list almost every year.

Click here to continue reading.

Read More

Top 10 Federal Tax Cases and Relevance to Practice

Every year, tax courts hear more than 600 federal tax cases, mostly by the U.S. Tax Court. The vast majority are trial court decisions, again, mostly from the U.S. Tax Court, but also district courts throughout the U.S.
Independent of the IRS, the court hears cases relating to income, estate, and gift tax and its rulings can be used as precedent for better interpreting the laws. It practically can provide a roadmap as to what the judges are looking for in defense of a taxpayer’s claim or position.

Among the Tax Court decisions, most are memorandum and summary opinions focused on figuring out facts so practitioners can apply the proper law. Annually, we might see fewer than 50 regular Tax Court decisions involving a new interpretation of the tax law. But this still leaves a lot of potentially significant cases in attempting to identify the top 10federal tax cases dating back to the start of our modern income tax in 1913.
Which are the most significant? That all depends on you and what you are trying to learn from each case. When it comes to tax planning, read on to learn about the top 10 cases of all time.

Read More

The Safeguards Rule — Are You Compliant?

Tax professionals must take measures to prevent unauthorized access to customer information. For example, you should limit access to customer data to only those employees who need it for their jobs. Also, outsourcing tax preparation in your firm can impact this security.

In October 2019, the IRS added a new question about data security responsibilities to the form to obtain or renew a PTIN. As a tax professional, it’s important to understand what the Gramm-Leach-Bliley Act requires and how you can comply.

Keep reading to learn what steps you can take to help protect the confidential information of clients and ensure GLBA compliance.

Read More

Tax Rules and Due Diligence for Gambling

The vast range of taxable income and possible deductions and credits an individual may have for federal and state purposes creates a sizeable list of questions to ask clients annually. Regarding types of taxable income alone, the possible sources are almost too numerous to ask. So, is it enough for practitioners to ask for information reporting forms plus a general question about other sources of income? In 2021, the IRS expanded Schedule 1 (Form 1040), Additional Income and Adjustments to Income, changing line 8, “Other income. List type and amount” to lines 8a to 8p to highlight 16 specific types of “other income” with line 8z added for reporting any other income types.

One of the specific income types at line 8b is for gambling income. Possibly the detailing of the Form 1040 other income line starting in 2021 signals that the IRS wants self-filers to be aware of what is taxable and that tax preparers should ask clients more questions.

In addition to reviewing the tax rules for casual gamblers, two Tax Court bench opinions issued this year are to highlight recent gambling issues the IRS found. The opinions explored the tax gap from gambling activities along with its relevance to due diligence considerations for individuals and tax advisers.

Read More

Tax Policy and Reform Considerations for the Next President and 119th Congress

Something we never have a shortage of are proposals to change our tax systems. When it’s election time, we hear even more proposals, as well as how various parts of our tax system are flawed, usually due to actions or inactions of the opposing party. We also hear lots of incomplete statements, promises of tax changes too costly to be enacted, and ideas that will be replaced by the time the winner gets down to crafting a real set of tax and budget proposals. This article describes some of the tax proposals of the two presidential candidates along with suggestions on how we should analyze them against principles supporting effective tax systems, with highlights of some important facts seemingly missing from current tax discussions. These proposals are also relevant to members of Congress as to whether they support any of them and how they align with tax changes that the member would like to see enacted.

Read More

Some Easily Overlooked Items for Form 1040

A 113-page set of instructions accompanies the 2022 Form 1040, U.S. Individual Income Tax Return. Commonly used Form 1040 Schedules A, B, C, D, and E comprise an aggregate of 69 pages of instructions. Instructions are non-binding information but certainly necessary for getting tax information correctly placed on the tax return. With hundreds of Internal Revenue Code (IRC) sections, thousands of pages of regulations, thousands of IRS rulings and judicial opinions, on top of more than 200 pages of instructions relevant to many complex Forms 1040, some tax pros might easily overlook these items.

This article travels top to bottom through the two-page 2022 Form 1040, highlighting a few items not to overlook. No promises that the list hits all items, but what follows might bring to mind a few more items you can add to the list.

Read More

Observations on the House-Passed OBBB

This article focuses on the OBBB from the House offering a variety of observations to help understand the range of changes, relevance to compliance and planning, process considerations and some unexpected provisions. While the final OBBB will not include all of the House provisions or will modify some of them, there are lessons to learn to understand the tax legislation process and results now and in the future.

Read More

Loose Change in Your Couch and Maybe a Tax Break at Your Kitchen Table

A 2023 Tax Court decision upheld what many small business owners and tax practitioners have wondered about for some time. The court found that shareholders of an S corporation could exclude rental income paid to them by their S corporation for holding planning meetings in their homes. While the IRS and court found that the amounts charged by the shareholders were excessive, the court found the arrangement itself within the bounds of the law.
This article examines this case and underlying law and when and how this is a planning idea worth pursuing, the limitations and unknowns involved, and the policy implications of this long standing exclusion. The case is Sinopoli, TC Memo 2023-105 involving the exclusion at IRC Section 280A(g).

Read More

Lessons From Surprising Items Buried in 2023 Tax Developments

Various rulings and tax agency actions in 2023 were arguably “unusual” and “surprising.” Most of these items were not the key holding of court decisions or IRS news releases or guidance. They were more subtle or buried. This article uncovers a variety of these oddities and posits what we might learn from them.

Read More

Key Lessons from 2022 Tax Rulings

This article does not summarize key rulings of 2022, but instead offers some key lessons and reminders from 2022 tax opinions as well as a few IRS rulings. If you want to read the ruling, see the citations and links. Takeaways from a few state tax rulings that have a lesson of relevance beyond the particular state are also included…

Read More

Just How “Hot” Should IRC Section 751 Be?

Tax rules are generally designed with a purpose in mind. Most rules serve to define the tax base and tax rates. Many others serve a behavioral purpose to encourage or discourage certain activities. The focus of this article stems from tax rules that are a combination of favoring certain activity such as generation of capital gains, and a limitation on such gains for certain taxpayers, such as the so-called “hot assets” rule for partners under IRC Section 751, Unrealized Receivables and Inventory Items. While Section 751 has been in the tax law for decades, a new application of it was raised by both the IRS and California FTB. This article summarizes Rawat, TC Memo 2023-14, rev’d, No. 23-1142 (DC Cir., 2024), and FTB Legal Ruling 2022-02, and offers observations on their relevance to tax research and practice.

Read More

Ins and Outs of IRS CCA 202302011 on Cryptocurrency Losses

Here are a few reminders on claiming losses from property transactions with a focus on an informal ruling the IRS issued in January 2023 to help explain losses from certain cryptocurrency transactions. This article focuses not only on what CCA 202302011 provides, but also what it doesn’t cover regarding possible losses from cryptocurrency and digital asset transactions.

Click here to continue reading…

Read More

Inflation Reduction Act 2022 Energy Tax Incentive Considerations

The Inflation Reduction Act of 2022 (P.L. 117-169; 8/16/22) could easily have been named the Energy Incentives Act of 2022. Over 20 provisions in the Act provide tax credits or special deductions to encourage the production and use of clean energy. The cost of these energy provisions over ten years is about $271 billion. In contrast, the ten-year revenue projection for the corporate AMT and one percent excise tax on certain stock buybacks is about $296 billion.

Most of the energy credits are for businesses and are specialized such as for the production of clean hydrogen or sustainable aviation fuel or zero-emission nuclear power production. Four credits are designed for individuals including three revised credits and one entirely new one (§25E, Previously-owned clean vehicle credit).

This article highlights key aspects of the credits and special energy provisions as a whole, offers tips for dealing with the complexities that exist in these IRA 2022 rules, and provides suggestions to help individuals obtain the greatest tax savings from the new and revised energy credits and rebates. A few charts are included to aid in understanding these credits.

Read More

Cautions in Tax Research — Finding True Guidance

The tax research process continues to grow increasingly complex for numerous reasons. This article notes several of these reasons and offers tips for your tax research process to be sure you have the latest appropriate guidance for answering tax questions and taking properly supported positions on tax returns.

Read More

2025 Tax Surprises You Shouldn’t Overlook

There are a few tax rules new for 2025 that may catch some individuals and their tax advisers by surprise. These changes have not received lots of attention either because they are overshadowed by related changes that are more significant, or they were enacted a few years back with a future effective date that arrives in 2025. This article covers changes for 2025 that you will want to be sure to share with clients to avoid surprises at a later date.

Read More

CURRENT EDITION

OBBBA Rundown: Provisions Affecting Individuals for 2025

Thomas Gorczynski, EA USTCP CTP

Enacted into law on July 4, 2025, the One Big Beautiful Bill Act is the biggest set of tax law changes since the 2017 Tax Cuts and Jobs Act (TCJA). The provisions discussed in this article impact individual taxpayers for tax year 2025 and must be considered immediately for proactive tax planning purposes, future tax withholding, and estimated tax payment calculations. Clients have questions, and we can generally give them the answers they seek; however, some will require future IRS guidance for complete clarity.

OBBBA Rundown: Provisions Affecting Businesses for 2025

Thomas Gorczynski, EA USTCP CTP

Enacted into law on July 4, 2025, the One Big Beautiful Bill Act is the biggest set of tax law changes since the 2017 Tax Cuts and Jobs Act (TCJA). The provisions discussed in this article impact business taxpayers for tax year 2025 and must be considered immediately for proactive tax planning purposes, future tax withholding, and estimated tax payment calculations. Clients have questions, and we can generally give them the answers they seek; however, some will require future IRS guidance for complete clarity.

Big, Beautiful, and Oh So Salty: SALT and the OBBBA

Amber Gray-Fenner, EA NTPI Fellow USTCP

The SALT cap has been one of the most argued pieces of the One Big Beautiful Bill Act as it has been making its way toward passage. Actually, tax professionals and politicians have been talking about the SALT cap (and looking for ways around it) since it was enacted as part of the Tax Cuts and Jobs Act. As most of you are aware, most TCJA provisions were set to expire at the end of 2025, including the SALT cap. We take a look at where they stand now.

  • NAVIGATE BY CLIENT ALERT
  • NAVIGATE BY PODCASTS

  • NOT A MEMBER YET?

    SUBSCRIBE TO GET ALL OF OUR
    GREAT ARTICLES AND RESOURCES!

    CLICK HERE TO SUBSCRIBE!

    • 2025 Spring Fling Webinar Event

    BY Dominique Molina, CPA MST CTS

    As we prepared our 4th Annual Summer Education Series, our friends at Sandy Bay challenged us to go bigger and do even more live events than we originally planned. So, we did! We are proud to present Think Outside the Tax Box's first ever “Spring Fling” live webinar event. As a monthly or annual subscriber, this webinar is 100% exclusive, and free to you! Every webinar comes with free continuing education credits for those who qualify! Keep reading for more details...

    Read More

    2025 Summer Education Series Event Calendar

    BY Dominique Molina, CPA MST CTS

    We are thrilled to bring you the 2025 Summer Education Series, sponsored by Vistia! All summer long we will be bringing our loyal subscribers monthly webinars featuring some of the brightest minds in tax. Each webinar will feature our usual blend of high-quality education and entertainment and include continuing education credits for those who qualify. All of this is included in your regular subscription! Continue reading to see what we have in store...

    Read More

    TAX COURT ROUNDUP – May 2025

    BY Lewis C. Taishoff

    Once again, Tax Court provides slices of life as well as hyper-technical drilldowns into convoluted legal conundrums. To any who say that tax law is dull, I refer them to the annals of 400 Second Street, NW, where anything goes.

    Read More

    The Rise of Post-Cognitive Tax Accounting: Embracing a New Frontier in 2027 (or Sooner!)

    BY Garret Wasny, MA, CMC, CITP/FITP

    The year is 2027, and the landscape of tax accounting has undergone a dramatic transformation. Artificial Intelligence (AI) has automated many traditional tasks once considered the bedrock of the profession. Yet, contrary to fears of widespread job losses among tax preparers, this technological revolution has ushered in a new era – Post-Cognitive Tax Accounting. This paradigm shift is redefining the role of tax professionals, opening opportunities to explore uncharted territories that leverage human intuition, creativity, and strategic insight.

    Read More

    How to Help Your Clients Maximize College Financial Aid

    BY Caitlin See, MPA

    College tuition continues to climb, and for many families, financial aid can make or break their ability to afford their child’s higher education dreams. What most don’t realize is that their tax return — filed long before students even begin applying for college — plays a major role in determining how much financial aid they’ll receive. This is where you come in. Tax professionals and financial planners are uniquely positioned to help clients qualify for more college financial aid. But only if you know what to look for.

    Read More

    Freelancer Deductions: What You Might Be Missing and What You Need to Remember

    BY Joshua Youngblood, EA, CTRS, CRETS, NTPI Fellow

    Even savvy freelancers often miss deductions that could significantly reduce tax liability. The IRS offers legitimate ways for freelancers to deduct business-related costs, but it’s not always obvious which expenses qualify and which ones cross the line into nondeductible territory. This confusion is made worse when we see some of the terrible advice from so-called “experts” on social media. In this article, we’ll explore the most commonly missed deductions for freelancers, highlight real-world examples, and review what tax professionals need to keep in mind when advising these clients.

    Read More
    Client Alert

    What You Need to Know About the Proposed Trump Savings Accounts

    BY Caitlin See, MPA

    Tucked inside the narrowly passed “One Big Beautiful Bill Act,” President Trump’s sweeping tax and spending package, is a provision that’s drawing media attention: the creation of a new tax-deferred investment account called a Trump Account. A proposed $1,000 “baby bonus” tied to the account only adds to the intrigue. While the reconciliation bill primarily focuses on extending the 2017 tax cuts and reshuffling federal spending priorities, this unexpected addition could offer new planning opportunities for taxpayers.

    Read More

    The Rise of Post-Cognitive Tax: Unlocking Enterprise Potential: How Post-Cognitive Accountants Transform Business Tax Forms into Strategic Masterpieces

    BY Garret Wasny, MA, CMC, CITP/FITP

    In the transformative landscape of 2027, the role of the accountant has transcended traditional boundaries. With Artificial Intelligence (AI) shouldering the burden of routine calculations and compliance checks, the Post-Cognitive Accountant emerges as a strategic visionary. No longer confined to the mechanics of number crunching, these professionals reimagine business tax forms—such as the Form 1120 for corporations—into dynamic portals that unlock untapped enterprise potential. Let's embark on an exploratory journey through a corporate tax return, revealing how each line item becomes a gateway to innovation, growth, and holistic success.

    Read More
    1 … 55 56 57 58 59
    error: <b>Alert:</b> Content is protected !!