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Innocent Spouse Relief

"I knew he was a crook when I married him." Come again? And you still married him? That's what I said in my head as it took every muscle in my face to keep my forehead from scowling. But instead, I said, "What do you mean?" "We always had good money and nice things, but we never paid taxes. I always owed when I was single. But when we got married, I stopped working and we never owed." Let me take a moment to rewind and get you up to speed. This taxpayer, let's call her Mrs. Bonnie for the purposes of this story, reached out because she needed to file last year's tax return. She was recently widowed, and her husband typically handled the tax filing. So, she was already feeling overwhelmed and lost when it happened. She went to the mailbox and pulled out mail from the IRS. It was a CP3219A , notifying her that credits claimed on a previous tax return were being disallowed by the IRS. Not only did she owe taxes, but she also owed accuracy related penalties. She only had 90 days to respond if she disagreed and didn't know what to do. When she reached out to me, she inquired about whether I could review previous year returns. Mrs. Bonnie wanted to make sure that they were "done right". This isn't a strange request. I told her that I would review the prior year to have a baseline and if I saw anything fishy, I'd bring it to her attention and perhaps look at another year. I didn't even make it to the signatures before the fishiness leaped off the page. I set up a meeting with her via Zoom to review my findings. As I begin to ask about some of the credits claimed and her husband's business her answers did not match what was on the return. That's when she let me know that she knew her husband, Mr. Clyde, was a crook when she married him. Mrs. Bonnie didn't know much about taxes, but she did a bit of research. She read about something called Innocent Spouse Relief and thought she may be eligible. Let's look at what Innocent Spouse Relief is and why Mrs. Bonnie was not eligible, but your client may be.

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CURRENT EDITION

Help Your Clients Implement a Fortune 500 CFO Strategy

For decades, some of America’s largest corporations have used a financial strategy that gives their CFOs greater control over insurance costs, helps them finance risks the commercial market handles poorly and creates an opportunity to retain underwriting profit when losses come in below expectations. Approximately 90% of Fortune 500 companies have captive insurance subsidiaries.¹ Historically, the economics favored organizations with substantial capital, large insurance programs and the resources to support their own insurance operations. Small and midsize businesses rarely had the scale to justify the cost and complexity. That equation has changed. A mature network of specialized insurance professionals and structures now allows qualifying privately held businesses to pursue many of the same risk-financing advantages. Federal tax law can further improve the economics for certain smaller insurance companies. For CPAs and tax professionals, this creates an advisory opportunity. The challenge is recognizing which clients could benefit and what conditions must exist before recommending it.

Structured Installment Sales Making Comeback – How Good A Tool Is It?

Structured Installment Sales (SIS) have been making a comeback. Historically low interest rates starting in 2011 made them go out of favor. Starting in 2018, insurers started coming back into offering them. MetLife expanded its SIS solution to 49 states, Puerto Rico and D.C. in 2022. You need to know about SIS and it deserves a place in your toolbox. You might not be using it as often as the toolmakers imply. I took a look at SIS in 2023 and was a little more enthusiastic about it than I am now. Let’s dig in.

Assessment Statutes and Document Retention Best Practices

When it comes to document retention, my guiding policy is “If I don’t keep it, it can’t be stolen or subpoenaed.” That sounds cynical, but there’s truth in it. The smaller your data “surface area,” the less you have to manage in the event of a data breach (or, if you hold paper documents, in the event of a fire or break in). And, if a client or former client gets really sideways in divorce or criminal court, being able to say “I have a policy in place and I don’t keep records longer than three years” can provide you with a measure of peace. But what should your policy be? It depends, but relevant assessment statutes are a good place to start. This article reviews the IRS rules for assessing tax and provides some best practices for developing document retention policies for return preparation documents in your practice.

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PRACTICAL IMPLEMENTATION

Think Outside the Tax Box provides tax reduction strategies along with practical
implementation advice in order to reduce your clients’ federal tax bill with ease.

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