8 types of income the IRS can’t touch – In addition to the types he mentions, there are other kinds of income that are tax free to the recipients, including inheritances, gifts and life insurance pay-outs.
Archive for February, 2004
Posted by taxguru on February 6, 2004
Guide to Web-Based Tax Software – An even crazier idea than using an in-house software program.
Stop the Medicare Ad Blitz, Taxpayer Group Says – First they expand the incompetent bankrupt program and then they spend millions more to ensure that as many people as possible will use it.
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Posted by taxguru on February 6, 2004
Tax laws grown far too complex – Amen.
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Real Estate Gurus
Posted by taxguru on February 5, 2004
For decades now, late night TV has been filled with infomercials for so-called real estate gurus hawking their get rich quick schemes. I’ve written about these charlatans before and the fact that almost all of them make most of their money selling their books, tapes and seminars and don’t do much actual real estate investing. Back in the Bay Area, I used to do tax returns for some of them; so this isn’t just conjecture on my part.
I recently came across some good discussions of these people.
John T. Reed has a very detailed review of several of the hucksters on his website, including Robert T. Kiyosaki, who is also the subject of this skepticism from Jessica Swesey.
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Posted by taxguru on February 5, 2004
By ballot initiative, Oregonians reject massive $800 million tax increase, similar to one rejected last year. – Why the rulers hate it when their subjects have direct influence over such decisions.
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Basis of Inherited Property
Posted by taxguru on February 5, 2004
I received the following email:
On your web page http://www.tfec.com/faq/depreciation.htm you mention the following:“When you pass away, the property receives a new stepped up tax cost basis
for your heirs, effectively wiping out the capital gains (including all
depreciation recapture) that accrued during your lifetime. ”Can you site an IRS publication, ruling, opinion, etc. that I can read to
confirm and understand fully the implications of this statement?Thank you.
My reply:
That concept has long been part of the tax code.For example, you can see it on Page 9 of Publication 551, which you can download from the IRS website:
Inherited Property
Your basis in property you inherit from a decedent is generally one of the following.
1) The FMV of the property at the date of the individual’s death.
2) The FMV on the alternate valuation date if the personal representative for the estate chooses to use alternate valuation.
The basis and accumulated profit that the decedent had is no longer relevant.
I hope this helps.
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Corp Fiscal Years
Posted by taxguru on February 5, 2004
I received the following email:
http://www.taxguru.org/corps/taxyear.htmGreat article and great website.
Thanks for putting in the time to build and maintain it.I was told by another CPA that choosing a fiscal year that is different than the calendar year raises the potential for an IRS audit.
He also told me that you had to have permission to not use the calendar year, which didn’t make sense to me.
Any comments?
Thanks
My Reply:
It sounds like you are working with a CPA who is either ignorant or lazy.I have never seen or heard of an IRS audit triggered by the use of a fiscal year ending in a month different than December; and I have worked with literally hundreds of such corporations.
It is true that you need IRS’s permission to change a fiscal year after an 1120 has been filed. However, until the first 1120 has been submitted, the fiscal year can still be at the end of any month; regardless of what was entered on the SS-4 applying for the FEIN. Again, I have worked with hundreds of corporations where we did this and IRS never had any problems.
The only potential problem can be when a small closely held corporation is set up on the Accrual basis of accounting and there are differences between how income and expenses are treated between the 1120 and the owners’ 1040s. This is why I advise people to set up their corporations on the Cash basis and make sure everything is treated consistently on both the personal and corporate books.
I hope this clears this up for you.
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Estate Planning
Posted by taxguru on February 3, 2004
Finding the right person to be in charge of your estate after you pass on is a very important decision. However, it’s best to be clear on what those responsibilities entail.

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Posted by taxguru on February 3, 2004
More IRA Questions – This is an area of taxation that has become increasingly complicated with new types of IRAs and new rules for eligibility and amounts. It will get much worse over the next few decades as the rules change even more and people become completely confused over how much of their withdrawals qualify for tax free status. Keeping track of the cost basis is the weak link in most retirement plans.
I am also still skeptical enough of our rulers in DC to not trust them to honor their promise to allow completely tax free withdrawals from Roth IRAs. I would even be willing to bet money that they will pull the same scam as they did on Social Security recipients and tax people who they consider to be evil rich. As another reminder, our rulers in DC still define the evil rich as single persons earning over $25,000 per year and married couples earning over $32,000 per year; so it’s not just people like Bill Gates who be cheated out of their tax free Roth IRAs. That is why I’m not a big advocate of choosing Roth IRAs over conventional deductible ones. Forgoing a current deduction for some promised tax break decades down the road is a fool’s bet. This is especialy true for kids and younger people who often have 50 or more years before retirement.
Taxing Times for Three Stooges – Good analogy of taxation philosophy by Neil Cavuto. Comparing our rulers to the Three Stooges is right on the money.
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Posted by taxguru on February 2, 2004
We’re the most expensive government in history – Another good analysis by Stephen Moore of the true reason why the tax burden in this country is so high. For new readers who may wonder why a CPA focuses so much attention on the spending habits of our rulers, it’s because, unlike most tax professionals who believe that tax laws just materialize in a vacuum, I have always understood that taxes are merely symptoms of out of control politicians who have abandoned any pretext of following the guidelines and restrictions as laid out by our founding fathers in the Constitution.
Many are questioning Bush’s sincerity in regards to supporting conservative principles:
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