Tax Guru – Ker$tetter Letter

Helping real people win the tax game.

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Archive for June, 2002

Posted by taxguru on June 27, 2002

Profits Are Not Evil

To say that the economic literacy of the American populace is practically non-existent would be stating the obvious. A weekly lesson from the nation’s premier economics professor, Walter E, Williams, would go a long way towards brightening the dim bulbs that are strewn across this great nation. In this essay, Dr. Williams explains what profits really represent, and why non-profit organizations shouldn’t be as revered as they are.

KMK

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Posted by taxguru on June 26, 2002

New Tax Guru Recording Finally Available

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Posted by taxguru on June 25, 2002

Blind Leading the Blind

One of my many hot button issues is the fact that our rulers in DC base all of their decisions on economic predictions made by complete idiots who use static analysis. As Tom Nugent points out in this interesting article, the predictions by the DC static analyzers are almost always so far off when compared to the real life results, that no sane person should believe a thing they say.

He points put the very real analysis (which many people think is a satire) they did about a decade ago, estimating huge windfalls of revenue for the Federal government if the top marginal tax rate were raised to 100%. That study actually predicted higher revenues in each subsequent year, as taxpayers made more money that would be forked over to the IRS.

A more practical dynamic analysis of such a tax rate would reveal that a 100% tax rate would result in very little actual dollars for DC because, unlike the space aliens who populate DC, those of us in the real world would just as soon do something else with our time than work our butts off to make money that we can’t keep.

Once again, that is the reason that Federal income tax revenues doubled after Ronald Reagan reduced the top marginal tax rate from 70% to 28%. People will take risks and work harder if they are allowed to keep more of the fruits of their labors. Contrary to the conventional wisdom promulgated by the media, the truth is that the deficit grew in the 1980s solely because Congress went on a wild spending binge, much like they are doing right now.

KMK

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Posted by taxguru on June 21, 2002

There Are Actually A Few Non-Communists In The DemonRat Party

The Arkansas Democrat has a good editorial today praising our Democrat Senator, Blanche Lambert Lincoln, for breaking from her party’s standard support of wealth confiscation and voting in favor of a permanent repeal of the estate tax. Unfortunately, there aren’t enough fair minded Democrats in the Senate to outweigh the fans of big government and Tom Daschole’s 60 vote rule for lowering taxes.

Link warning: The link to the editorial may not work for everyone. The Arkansas Democrat is one of the most difficult news sites on the web to link to stories, which is why I rarely discuss articles I read there.

KMK

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Posted by taxguru on June 21, 2002

Been There, Done That

It’s been over nine years since we made the big move from the San Francisco Bay Area to the Ozark Mountains of Arkansas. Stories like this, explaining that the Bay Area still has some of the worst traffic congestion in the country, reaffirm the wisdom of the move in my mind.

Having worked in several Bay Area cities, including San Francisco, Oakland, Fremont, San Ramon, Dublin and Santa Clara, and wasting countless hours in beep & creep traffic, all I can say is “been there, done that,” and feel gratitude for the current commute from one end of our main house to the other.

KMK

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Posted by taxguru on June 20, 2002

Blinders On

This is really becoming a war between those of us who believe in freedom, capitalism and private property rights and those who support big government and communistic philosophies.

This article by Beverly Goodman from TheStreet.com (supposedly a capitalist website) is wrong in its claim that the estate tax is good for everyone, for a number of reasons.

First is the often used defense of the estate tax that it only affects a small minority of Americans. Such an argument is offensive on its surface. It is nothing short of mob rule and blatant discrimination and persecution of a minority. If it’s okay to do evil things to the richest two percent of the nation’s citizens, why can’t we also justify doing nasty and immoral things to other groups of people that make up a small percentage of the overall population?

Ms. Goodman puts far too much focus on one aspect of the recent change in the estate tax law, the change in the carryover basis for heirs.

As I have advised for decades, the biggest tax saving opportunity is to use the swap ’til you drop strategy when investing in certain assets, such as real estate. Instead of selling property and paying Uncle Sam a chunk of the gain, all of the profits can be rolled over into new real estate without any income tax bite. Savvy real estate investors routinely use Section 1031 (aka Starker) exchanges to accomplish this. While we usually call these tax free exchanges, they are actually tax deferred exchanges. This means that if an investor were to sell off replacement property while alive, all of the cumulative gain that had been deferred previously would become taxable.

However, as I often advise, patience has some big tax benefits. The big payoff is that when a person dies (drops), all of his assets are given a tax cost basis for the heirs of their fair market value as of the date of death. This is called a stepped up basis. This literally wipes out all of the capital gains that accumulated during the decedent’s lifetime. This applies to all assets, not just real estate.

As Ms. Goodman points out, the new tax law will eliminate the stepped up basis as of 2010 and replace it with the same kind of carryover basis that currently applies to assets transferred as gifts. I agree that this is not a good move in terms of reducing taxes. However, retaining the immoral estate tax just to keep the stepped up basis is very short sighted. In fact, as the current law stands, when the estate tax comes back to life in 2011 with a measly one million dollar exemption per person, the stepped up basis won’t also be coming back. Our rulers in DC have to pass another law to reinstate the stepped up basis rule, which is unlikely.

I don’t mean to dump on Ms. Goodman; but she is also wrong to say that we should all support the Federal estate tax because some states will probably raise theirs. I discussed that issue a few months ago, where some states are planning to uncouple their estate tax from the Federal system and make it a stand alone tax because they don’t believe they can survive without that revenue stream. Even if that happens, the state tax will be smaller than the up to 60% that IRS takes.

KMK

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Posted by taxguru on June 19, 2002

Who Supports Estate Tax?

Bruce Bartlett has a good piece on the super rich fat cats, such as Bill Gates, Sr., who are fighting to retain the estate tax, while most of the rest of us normal folks consider it to be evil. He explains why they would support something that theoretically should hurt them the most.

The super rich, such as America’s royal family, the Kennedys, have the money and resources to set up trusts and other mechanisms to exempt themselves from the estate tax. Joe Kennedy’s loot from his bootlegging & stock swindles has lasted for generations of non-productive spoiled rich kids due to his wise use of trusts to shield it from estate taxes.

Interestingly, Mr. Bartlett is still too squeamish to make the connection between supporters of government wealth confiscation and its heritage as part of the Communist Manifesto.

KMK

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Posted by taxguru on June 16, 2002

Multi-Level Scams

For decades, I have made many people mad by exposing the idiocy & illegality of several multi-level and pyramid schemes that were destined to implode, after making money only for the folks who got in early.

There is an interesting website devoted to just that topic, MLM WatchDog.

Interestingly, they have stories on two big pyramid scams that I wrote about over the past few years, warning everyone to stay away from.

The founders and many investors in the Global Prosperity Group scam are going to the slammer. My only question is why did it take the government so long to bust these guys? About five years ago, when some former clients became involved with it, and tried to lure me in, I did some investigation and wrote a lengthy piece on how it was blatantly illegal and destined for prosecution.

The Tax People was a group selling many of the same tax tips I have been writing & speaking about for decades, but in a multi-level pyramid fashion. These people are now heading to the slammer. You can see a short summary on the MLM WatchDog opening page, and a more lengthy expose on this page from another good alert site, Pyramid Scheme Alert.

KMK

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Posted by taxguru on June 15, 2002

Another Double Standard

By now, it’s well known that the supporters of the communistic estate tax in the U.S. Senate have prevailed in their efforts to keep it in place. How they accomplished this is utterly disgusting.

In 1993, when there was a bill to drastically increase taxes retroactively, the Senate vote was 50 to 50. It was passed due to Al Gore’s vote as the tie breaker.

When the recent bill to repeal the estate tax was voted on, it actually received 54 votes in favor and 44 against, with two Senators not voting. This was deemed not good enough to actually pass the law because the leader of the senate, Tom Daschole, mandated that it takes 60 votes to pass a law reducing taxes. Even a vote from Dick Cheney wouldn’t have helped. I hope this article is right, that those voting to retain the estate tax will be held accountable in November.

When it takes only 51 votes to raise taxes and 60 votes to cut them, things are clearly out of whack with our rulers in DC. If anything, it should be the other way around. As a bare minimum, the standards should be equal in both directions. This is why I have never believed any claim that a tax or fee is temporary. There is no such thing. Once is tax or fee is imposed, our masters make sure that it lasts forever.

KMK

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Posted by taxguru on June 14, 2002

Handy Tax Resource

TaxPlanet.com by Gary Klott is a very useful resource for tax info for individuals. It’s actually the kind of site I envisioned doing myself if I had more time and/or worker bees to assist me. I like it so much, I’ve even included a link to it in the section on the left of this page.

KMK

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