Tax Guru – Ker$tetter Letter

Helping real people win the tax game.

Archive for January, 2006

Posted by taxguru on January 10, 2006

IRS Erroneously Withholding Thousands of Legitimate Refunds

 

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Schedule D Controversy

Posted by taxguru on January 9, 2006

Ed Zollars has a special follow-up podcast on the issue of Schedule D detail that I discussed earlier.

The IRS clarification letter he discusses can be downloaded here.  Here is the IRS answer that is attracting the most attention:

Yes. Taxpayers may submit attachments in lieu of completing lines 1 and 8 on Schedule D or D-1 as long as the attachments contain all the required information and are in a similar format. This means investors may follow the same format required of traders.

 

Update from CCH on this issue.

 

 

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1031s Must Be Like Kind

Posted by taxguru on January 9, 2006

Q:

Subject: 1031 Like Kind Exchange

Hi,
A quick question for you if you have time about a 1031 Like Kind Exchange.
 
In 2002 I sold a resort in South Texas with a $300K profit, $120K went to our residence (not taxed) and the remainder was rolled over with a 1031 when we bought a resort in Eureka Springs. Sold that resort last Aug. with a $190K profit also showing $120K as residence. I bought another type of business, sales, no resort or lodging and I am now being told that I am looking at anywhere from a $10K to $100K tax bill this year since I did not roll that money over to the same type of business. The new business I bought was $262,500.00 and all that money came from the sale of my last business, I rolled all my money over into my new business and am being told that I now have to pay taxes on both resorts profit. Is this so, all my profit went right into another business!
 
Friends from Eureka told me about you, happy to see that you are my neighbor, are you taking new clients and can you help me keep my money?!?!?!?!?!?
 
Kind Regards, 🙂

 

A:

Two issues in your email don’t look good.

A 1031 exchange is technically called a “Like-Kind Exchange.”  The old and new assets have to be the same kind.  The most common is real estate for real estate, which sounds like what you had in 2002.  If you then disposed of real estate in Eureka and reinvested into other kinds of business assets, you can’t have a valid like-kind exchange and the real property sale is fully taxable.

The other issue is how the reinvestment was handled.  If you took the money from the Eureka Springs sale and used it yourself to buy new business assets, a 1031 exchange is not possible, even if you had purchased like kind real estate.  One of the rules of 1031 exchanges is that you cannot touch the money.  You either have to have it go directly from the first property to the replacement one, or you have to have a third party exchange facilitator hold it on your behalf.  Your email doesn’t mention an exchange facilitator.

You can see the rules for how 1031 exchanges should be handled at www.tfec.com

It sounds as if you didn’t get good advice before the disposal of your Eureka property; so you are probably going to have a big taxable gain to contend with.  If you didn’t seek out any advice before selling the Eureka property, you have just learned an expensive lesson.

The possible good news is that the new business assets you purchased may qualify for the Section 179 expensing election, which was up to $105,000 for 2005.  Your personal tax advisor should be able to help you in this regard.

As it says below, we are not accepting any new CPA clients.

Good luck.

Kerry Kerstetter

 

Follow-Up:

Thank you for your time and information Mr. Kerstetter.
 
 

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Posted by taxguru on January 8, 2006

IRS fees to rise steeply in February

 

Arkansas warns residents of phony IRS e-mail

 

 

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Posted by taxguru on January 8, 2006

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Posted by taxguru on January 6, 2006

Mesa Arizona Couple and Their Firm Falsely Claimed Wages Were Not Taxable Income And now they have been busted by the Feds.  Their website is still up.  Their scheme to file bogus amended returns in return for 25% of the recovered taxes is one more reason IRS is scrutinizing all 1040Xs claiming refunds.

 

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Moving From PeachTree To QuickBooks

Posted by taxguru on January 5, 2006

Q-1:

Subject: Wonder if you could answer a question about QuickBooks

I recently purchased QuickBooks Premier for a small company.  They presently use Peachtree and I am a Peachtree expert and new to QuickBooks. I purchased the monthly support from QuickBooks but it took hours on the phone to get one question answered so after three months I quit.  I have investigated several options to convert from Peachtree to QuickBooks but all only convert G/L, Vendor and Customer balances.  The customer wants to maintain the detail.  Now the year-end has been reached, I thought they could convert the customer, vendor and purchase detail manually, set the balances at year-end to the year-end numbers in Peachtree and start this new year in QuickBooks.
What my question is, if it takes several weeks to convert the detail(during which the balances would be changing and not final)will QuickBooks let you move on with the new year and when the detail is all in for 2005, create the year-end less 2006 detail and reset the 2006 beginning numbers?

You may get too many requests for information that you would not want to answer my email, if so I understand, Thanks anyway.

 

A-1:

I was under the impression that it was possible to automatically transfer full transaction details between PeachTree and QuickBooks.  However, I just checked out both the built-in conversion tool, as well as the one offered by Big Red Consulting, and they both seem to only allow conversion of PeachTree lists and ending G/L balances and not the individual transactions. 

One of the nice features of QB compared to other acctg packages is the fact that the P&L is never formally closed out to retained earnings.  This allows transactions to be entered in any order at any time.  As long as each one is entered with the proper date, you can get an accurate P&L for any time period that you specify in the report.

Now, to what I think your question is really about.  If you enter or transfer starting balances for the balance sheet accounts as of a certain date (i.e. 1/1/06), and then you enter a bunch of individual transactions for dates prior to that, will the 1/1/06 balances change, and thus affect the later date balances?  Yes, they will.  

What I have done in similar cases is go in and either modify the entry for the initial setup for the 1/1/06 balance to adjust it to the correct amount, or just make an AJE to do that, depending on which version of the file I am working with at the time.  With a QBW file, we can modify pre-existing entries.  With QBA files, we need to use AJEs.

I hope this helps.  If this isn’t what you were asking about, please let me know.

Kerry Kerstetter

Q-2:

Thank you for the reply.  You have answered my question.  I know I will have to do AJE’s to correct the beginning 2006 balances.  I had not planned to do anything to the balances until all the detail was entered and then I would do an AJE to make the balances Zero then add the balance from the Balance Sheet of Peachtree as of 12/31/2005.  That will give me the right audit trail. I am so accustomed to Peachtree closing out each period so I was not sure what Quickbooks would do to close out periods.  I heard that Quickbooks future releases will begin closing out periods so you can reduce the number of transactions in the file.  Have you heard that too?

A-2:

I am not aware of any plan by Intuit to change the way QB handles retained earnings.

What you are probably thinking of is a feature that has long been available in QB to manually clean up data as of a certain date.  An archive file is created with the detailed transactions and the main working file is purged of those details, with summary entries made to replace them.  This is used when the data file becomes so large as to really slow the processing down.  The QB reference guide describes how to use this feature. 

Good luck with QB.

Kerry Kerstetter

Follow-Up:

Thanks for your help!!

 

 

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Posted by taxguru on January 4, 2006

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Posted by taxguru on January 4, 2006

Oops!

H&R Block is scrambling to alleviate privacy concerns after accidentally including Social Security numbers on the labels of an unsolicited mailing sent to select taxpayers across the country.

 

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Money Is More Important Than Fairness

Posted by taxguru on January 4, 2006

Ohio CPA Dana Stahl sent me the following in response to the recent news about our rulers’ unwillingness to tackle AMT reform.

Mr Guru – more detail on the AMT.  Notice how, several paragraphs down, the commentary is on how much a total repeal of the AMT will “cost” so many billions of tax revenues.  The focus on “cost” is, of course, part of the propaganda, right?
 
DS, CPA, ABA, ATA, ATP

My Reply:

Dana:

As you know, it has always been a pet peeve of mine when money is accepted as a justification for doing bad things to people.  Being fair to people has always been a very distant second place to our rulers, behind the money. 

To me, it’s no different than stories where a reporter expresses outrage over someone being murdered for a small amount of money.  I used to actually write to reporters and editors asking why it’s so bad to kill someone over $5, yet it would be understandable for a much larger amount.  I tried to explain that killing someone over a million dollars is just as wrong as killing someone over 25 cents.  Needless to say, they never responded to me. 

While many people may consider this an inappropriate analogy to tax policy, I don’t see it that way.  Immoral and unfair socialist confiscation of wealth from people is just plain wrong, regardless of how much money it generates for the imperial government rulers.  Unfortunately, those of us who think this way are too small a minority in this country to influence such policy decisions in the face of the “soak the evil rich” mob mentality that is so pervasive.

Kerry

 

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