Tax Guru – Ker$tetter Letter

Helping real people win the tax game.

Archive for September, 2004

Posted by taxguru on September 15, 2004

Net operating losses are back for Calif. taxpayers – Deducting NOLs has always been relatively straight forward for Federal income taxes. The number of years a loss can be carried backwards or forwards has been changed a few times; but the mechanics have remained the same. The rulers of the PRC have a long history of tinkering with the deduction as means of shortchanging taxpayers and thus increasing tax revenues. Eliminating carrybacks completely, only allowing a deduction for half of the NOL, and actually suspending the deduction are tricks they have used in Sacramento. We’ll see how long it is before they screw around with it again.

New Zealand Moves to Extend Legal Privilege to Tax Advisors – I generally don’t follow tax issues in other countries; but this reminds me of a long running unfairness in the administration of tax laws in the USA. Not allowing the same level of client confidentiality with info provided to CPAs, EAs and other tax advisors as with actual attorneys has always been just plain wrong. I’m obviously biased in this and perhaps I would think differently if I had continued with my original plan out of high school to become an attorney; but I doubt it.

Bush Not Pleased With IRS Funding – For obvious reasons, I don’t suspect we’ll find a lot of people sharing Bush’s sadness over the fact that IRS isn’t being given hundreds of millions of taxpayer dollars to be used to harass taxpayers.

IRS Appeals Getting Better, Faster, Officials Say – I wish this were true. However, from my real life experiences handling scores of IRS cases, they have often been dragging on for several years at the Appeals level and the Appeals Officers have become much less objective in their approach to viewing the facts of the case and much more protective of the IRS’s side. They have strayed dramatically from the much more unbiased perspective that the San Francisco Appeals Officers used to have back before I abandoned the Left Coast.

Kansas Antitax Primary Spending Causes Campaign Finance Controversy – It looks like the Club For Growth is doing an excellent job in targeting high tax loving RINOs for early retirement. They also had similar success in Wisconsin and Washington State.

Former Atlanta Mayor Campbell Indicted On Corruption and Tax Charges – I can recall several stories over the years by Atlanta radio host Neal Boortz as to Mr. Campbell’s flagrant corruption; so it’s good to see that he will be tasting a bit of justice.

Danger of no tax liability – Good article by Walter Williams on how unfair it is that a smaller and smaller minority of people are having their wealth plundered by a growing mass of people in this country. Of course, since that minority consists of the dreaded “evil rich,” such exploitation will continue without opposition from any of the normal advocates who usually jump to defend other persecuted minority classes in this country.

Posted in Uncategorized | Comments Off on

Posted by taxguru on September 14, 2004

Public Confidence in Charities Stays Flat

Tax Consequences of Oprah’s Car Giveaway

sKerry’s missed opportunity to address Tax Reform

‘Price gouging’ in Florida

Ownership society: Make it so!

How to incrementally reduce the tax bias against saving and investment.

Corporate Tax Reform: sKerry, Bush, Congress Fall Short

Teachers lose tax breaks for supplies

Democrat offers income-tax alternative

Some SUVs Have a Serious Weight Problem – Another story on how the same weight threshold that qualifies a business vehicle for the very lucrative Section 179 expensing deduction can also make it illegal to be driven in certain neighborhoods in the PRC. Of course, if you’re driving one of these new $100,000 babies, you won’t be letting any neighborhood watch nannies intimidate you.

Posted in 179 | Comments Off on

Posted by taxguru on September 13, 2004

Do Newspapers Make Good News Look Bad?

What A “Fairer” Tax Code Might Look Like

Industry databases help IRS close a taxing gap

Tax Reform Revisited

Speeches ignore impending U.S. debt disaster. No mention of fiscal gap estimated as high as $72 trillion

Tax reform detour?

GOP renews push to lift IRS ‘muzzle’

Posted in Uncategorized | Comments Off on

Posted by taxguru on September 12, 2004

Protester’s Tax Battle Ends With Settlement – As I described over a year ago when the criminal case was decided, the Tax Protestor movement has been using it to validate their arguments that nobody is legally required to file income tax returns. As I explained back then, this pilot only succeeded in staying out of prison. She still owed the taxes, penalties, and interest on her income. Having to pay the Feds over a half million dollars doesn’t sound like much of a real victory for the scammers in the Tax Protestor community.




Posted in Uncategorized | Comments Off on

Electing Low Tax Rulers

Posted by taxguru on September 12, 2004

Thanks to TaxProf Paul Caron for the info on the NTU’s attempts to get all of the candidates for Congress and the US Senate to answer an 11 question survey about their beliefs on taxes and whether or not they will work towards lowering them.

You can check how your state’s candidates have responded from this page. Not everyone has responded to the survey. When I checked Arkansas, only four of the eleven names (36.4%) had any feedback as of the September 1 tabulation date. Missouri had responses from 12 of the 30 candidates listed (40%).

If you understand the anti-tax tone of the questions, you can pretty well assume the stand of candidates who refuse to answer them.

Posted in Uncategorized | Comments Off on Electing Low Tax Rulers

Posted by taxguru on September 11, 2004

Social Security to Become Insolvent by 2018

Poor credit history can doom job offers – Potential employers frequently check credit reports on job applicants. I occasionally did it back in the PRC; so this is nothing new.

Posted in Uncategorized | Comments Off on

Posted by taxguru on September 11, 2004

Posted in Uncategorized | Comments Off on

Homes Sale In Multiple Transactions

Posted by taxguru on September 11, 2004

I received the following email:

Hi, you seem to know what you are talking about and I keep getting different opinions, so is there any way I do not have to pay long term capital gains on the following situation:

I bought 36 acres, w/house, barn,workshop, in 1983 for $165,000. We have probably put $50,000 into it over the last 20 years. We sold 15 acres of it in March. for $225,000. We are now selling the remaining acreage and house for $650,000. This closes in 30 days. Total $875,000. I think we can take the $500,000 deduction plus the amount we paid on the house, plus improvements. Is there anything we can do to keep from paying capital gains on the remainder? Does the 15 acres sold in March go; with the primary residence since it was originally bought together?

I would love to get your help !!!!

Thanks,

My Reply:

I’m assuming that none of the acreage was used for farming or other business activities for more than three years out of the five years prior to the sale. If it was, you would need to do a 1031 exchange on that portion of the property sold.

IRS allows primary residences that include acreage to be sold in multiple transactions and counted as the sale of the same primary residence, as long as all portions are sold within two years of each other. In your case, as long as you sell the second portion by March 2006, you’re okay.

Using rough numbers, it sounds as if your basis in the property as a whole is $215,000 (165 + 50). With a combined selling price of $875,000, you have a net profit of $660,000. The tax free exclusion for a married couple is $500,000; so the additional $160,000 would be taxable as long term capital gain.

I really doubt if your profit will be that much, unless you are selling the place on your own with no expenses. Selling costs, such as inspections, Realtor commissions, transfer taxes, repairs and escrow fees, reduce your profit.

If your expenses for both transactions are less than $160,000 in total, I would advise doing a little more reflection on the cost of all the improvements you made to the property over the past 20 years. Unless you’ve been keeping a tight set of books, most people short-change themselves when figuring up how much they have invested into their home. The best way to do this is to get a pad of paper, pull out your old photos and start jotting down each of the things you did to your home from the very beginning, along with your best recollection of what it cost. IRS will accept this kind of reconstruction of costs, as long as they sound reasonable. For example, if you built a deck 10 years ago, you need to use the lumber and contractor costs from back then; not today’s prices. The one thing you cannot include is your own time (aka sweat equity). You can only include what you paid other people.

Good luck. I hope this helps.

I have added the info on selling a residence in multiple transactions to the page on primary residence sales on my main website.

Posted in 1031 | Comments Off on Homes Sale In Multiple Transactions

Posted by taxguru on September 10, 2004

Posted in Uncategorized | Comments Off on

Posted by taxguru on September 10, 2004

President derides sKerry for ‘hidden’ tax proposal

Ownership Society Will Determine Victory

2003 Cuts Yielded Dividends (Literally!)

Tax vote in Virginia spurs rival candidates

Leadership Heeding Bush Call for Five-Year Tax Cut Extensions

Justice Dept. Sues To Halt Alleged Internet Tax Scam – Another tax protestor scammer bites the dust. You can see some examples of his idiotic arguments that nobody has to pay taxes on this page

Study finds N.Y. residents pay $131 for every $1,000 earned, Tennessee taxes residents the least.

Bush Attacks His Opponent Over His Record on Taxes – Shooting fish in a barrel.

Posted in Uncategorized | Comments Off on