Tax Guru – Ker$tetter Letter

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Archive for May, 2006

Stuck On Stupid?

Posted by taxguru on May 27, 2006

 

That’s all I can think of after the final response from this woman, who I’m sure would love to hear from other readers.  As always, these are unedited, copied and pasted, from our actual emails.  I’m sure her employers at the local hospital are so proud of her for the way in which she represents their attitude towards people.

Q-1:

From: “Life League” <lifeleague@lifeleague.com>

Subject: Tax question

I was wondering if you could answer a very basic tax question for me.

If myself and a partner were to setup an LLC, and have it organized as an S Corp with the IRS, and then we were to for example receive a payment of $100,000.00 to the LLC.
 
What would be the best way for myself and my partner to split the $100,000.00 generated by the LLC with the minimum tax burden on us personally?
Would the LLC be taxed as an S corp and then could we as members of the LLC take some sort of distribution from the LLC that would not be considered personal income?
Or would it be best to take the money out and then just pay standard IRS Personal income tax on the money?
 
Thanks much.
 
Liz
Life League

A-1:

Liz:

You absolutely must be working directly with a professional tax advisor to set this kind of thing up.  You are heading for major problems if you go any further without such assistance.

You need to cover with your professional tax advisor how the various types of entitles are taxed because it is obvious that you haven’t any idea how it works.  For example, if you elect to have your LLC treated as an S corp, that means that  you agree to have all of the LLC’s income pass through to your 1040s regardless of how much money you take out of the LLC.

Good luck.

Kerry Kerstetter

Q-2:

So if the S Corp LLC made $100,000.00 and as you say, that means we agree to have all the funds flow through to our 1040’s, would each partner be responsible for 50% of the $100,000.00?? (Provided that the partners are 50/50 partners in the LLC that is.
 
Thanks much.
 
Liz

A-2:

Basically, that’s how it works.  Any business expenses are deducted and the net profit flows to your and your partner’s 1040s via the K-1 forms.  How much actual cash you each receive personally will have no bearing on the taxability to each of you. 

You need to be working directly with a tax pro and not relying on advice you find from strangers on the internet.

Good luck.

Kerry Kerstetter

Follow-Up:

From: “Life League” lifeleague@lifeleague.com

Subject: Thanks so much for all your help…..

Your unprofessional condescending comments are appreciated and well noted!!!

And I quote: “You need to be working directly with a tax pro and not relying on advice you find from strangers on the internet”.

And yet again from your previous email: “….because it is obvious that you haven’t any idea how it works”

How do you know I am not a local resident of AR near Harrison and looking for a tax professional and just testing the waters to see what you in fact do and do not know? You can be sure I will NOT be calling you for one of your “seminars” after all of your little rude comments you unprofessional prick.

And good luck selling your hilarious “K.M.K. Ranch” property for a MILLION DOLLARS!!! And you think I need a tax professional? Maybe you should do some research, asswipe, because you are in serious need of a real estate agent or a pscharitrist for asking one million dollars for that broken down shithole regardless of the acreage size!!!! Its ALMOST as funny as asking $4950 for a 1978 truck that blue books at less than $1000!!!!

Maybe try not to be such a prick next time and maybe you would not receive responses like this….It does not make you very happy, does it?  And FYI…I am employed by the North Arkansas Regional Medical Center on North Willow here in Harrison, and will be sure to advise all of my friends, family and anyone at KHOZ that will listen to me about how unprofessional and rude you have been.

Oh, one last thing..you are now blocked from this email account…so please….Get a life, moron!! Or should I say, Get a life “GURU”…..

Love and kisses!

Liz


My Reply,
which I cc’d to her hospital:

To: “Life League” <lifeleague@lifeleague.com>
Subject: Re: Thanks so much for all your help…..
 
Liz:

I’m sorry that you don’t appreciate the value of FREE advice and can’t grasp the concept that you need to be working directly with a tax professional whom you pay for advice.

I’m sure your employers at NARMC are so very proud of the way in which you represent the professionalism of the hospital.  YOUR attitude says a lot about that aspect of the hospital’s feelings towards people.

It also sounds as if you don’t have enough work to do there at the hospital if you have time to nit-pick so many items that have nothing to do with you.

Kerry Kerstetter

 

Posted in Uncategorized | Comments Off on Stuck On Stupid?

Posted by taxguru on May 27, 2006

Working around the new kiddie tax – Need to modify strategies for shifting investment income to kids.  This is all part of the never ending tax game.  Our imperial rulers change the rules and we adapt accordingly. 

 

AARP returns to the mutual fund business Just pointing out what hypocrites the AARP leaders are.  As pointed out frequently at the Social Security Choice website, AARP fought hard against the idea of allowing people to own and invest their own retirement funds under the premise that the stock market is too dangerous a place to put money, while at the very same time AARP has been earning huge commissions from selling the exact same kinds of investments.  This kind of attitude is one of the main reasons we refused to renew our AARP membership a few years ago.

   

Tax Advantage Is Driving Deal To Buy Braves – We need to look more into how we can help our small corporate clients use this “cash-rich split-off” technique to avoid taxes on cash deals.

 

If You’ve Got a Tax Refund, You’re Crazy – Good tips from Gail Buckner on how to adjust your W-4 to avoid giving the government an interest free loan.

 

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Conservative Rock Songs

Posted by taxguru on May 26, 2006

 

John J. Miller at National Review has a interesting list of his top 50 conservative rock songs.  Two of those songs are especially appropriate for posting here.

#2. “Taxman,” by The Beatles. 
A George Harrison masterpiece with a famous guitar riff (which was actually played by Paul McCartney): “If you drive a car, I’ll tax the street / If you try to sit, I’ll tax your seat / If you get too cold, I’ll tax the heat / If you take a walk, I’ll tax your feet.” The song closes with a humorous jab at death taxes: “Now my advice for those who die / Declare the pennies on your eyes.”

http://rcm.amazon.com/e/cm?t=taxfreeexchacorp&o=1&p=8&l=as1&asins=B000002UAR&fc1=000000&IS2=1&lt1=_blank&lc1=0000ff&bc1=000000&bg1=ffffff&f=ifr


#45
. “Taxman, Mr. Thief,” by Cheap Trick.  
An anti-tax protest song: “You work hard, you went hungry / Now the taxman is out to get you. . . . He hates you, he loves money.” 

http://rcm.amazon.com/e/cm?t=taxfreeexchacorp&o=1&p=8&l=as1&asins=B00000C28I&fc1=000000&IS2=1&lt1=_blank&lc1=0000ff&bc1=000000&bg1=ffffff&f=ifr

Update: While I have posted dozens of versions of the very familiar George Harrison song over the years, the Cheap Trick song was new to me; so I found this copy on the web and uploaded it.  The lyrics are a bit hard to make out, so I found these on the web as well.

Taxman, Mr. Thief Lyrics

You work hard, you make money
There ain’t no on in the world who can stop you
You work hard, you went hungry
Now the taxman is out to get you
You worked hard
And slaved and slaved for years
Break your back sweat a lot
Well, it’s just not fair
He hates you, he loves money
And he’ll steal your shit and think that it’s funny
Like the Beatles, even Dylan
Now the taxman is out to get you
You worked hard
And slaved and slaved for years
You played
And you played and played for years
Taxman, Mr. Heath (he’s a thief)
He’s looking for run-in, yeah
Taxman, Mr. Heath (he’s a thief)
He’s looking for run-in, yeah
You work hard, you make money
There ain’t no on in the world who can stop you
You work hard, you went hungry
Now the taxman is out to get you
You worked hard
And slaved and slaved for years
Break your back sweat a lot
Well, it’s just not fair
Taxman, Mr. Heath (he’s a thief)
He’s looking for run-in, yeah
Taxman, Mr. Heath (he’s a thief)
He’s looking for run-in, yeah

 

Update #2: Mr. Miller has posted a list of 51 additional conservative rock songs. While some mention taxes, none are as focused on them as the two above.

Posted in Uncategorized | Comments Off on Conservative Rock Songs

Posted by taxguru on May 25, 2006

Creative Like-Kind Exchanges – From Practical Accountant magazine.

 

A new hip-hop version of George Harrison’s classic TaxMan song by that out of control crazy tax and spend lunatic, New Jersey Governor Corzine.  

 

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Pot calling kettle

Posted by taxguru on May 25, 2006

Confirmation of New FEMA Director Hits Snag Over “Questionable” Personal Deductions – Those hypocritical imbeciles in DC are at it again. The very idea of Congress Critters (CC) auditing and passing judgment on income tax returns is just one more example of how the inmates are running the asylum in this country. They seem to care more about a non-CC’s travel expense deductions than the proper handling of congressional bribe money stored in freezers.

The fact that most of our elected rulers don’t have to pay their own travel expenses because lobbyists pony up for those costs is just one more illustration of how out of touch our royal leaders are and how badly we need a thorough house-cleaning, as in kick all of the bums out this November.

Posted in Uncategorized | Comments Off on Pot calling kettle

Don’t take tax advice from sales people.

Posted by taxguru on May 24, 2006

 

Q-1:

The barn I am depreciating is a specialized barn to be used for horses only. I’ve read somewhere that it could be all deducted in one year if that is so. Could the barn be written off against the yearly 100,000$ deduction for equipment or specialized barn in this case? Thanks.

 

A-1:

The Section 179 expensing election absolutely does not apply to barns or other buildings that have multiple uses.

I hope this clears up any confusion you have.

Kerry

Q-2:

Kerry, the 179 expensing thing, The barn was constructed for horses with horse stalls, horse bath, tack room and birthing room. Since it can only be used for horse , I thought it could all be expensed in one year. Did I miss something? Thanks.

 

A-2:

I have no idea who told you that a barn could be expensed in the first year.  That has never been possible.  I have prepared hundreds of tax returns with barns over the years, and would have known if they could be expensed.

So that you know this isn’t just my personal opinion, I have just faxed you copies of two pages from my QuickFinder Depreciation reference book, where it lists what types of property qualify for Section 179 and which don’t.  You will note that Barns is second on the list of types of property that DO NOT Qualify for Section 179 expensing.

Kerry

Q-3:

Kerry, I’m sorry. The info I had was that a specialized building such as a barn could be expensed in 5 YEARS.  Sorry ’bout that. Is that correct? Thanks.

A-3:

I have never hear of using such a short depreciation life.

I just checked my QuickFinder Depreciation reference book and it shows barns being depreciated using lives of from 15 to 25 years.  No mention of 5 years.

Is your new tax accountant suggesting these crazy things, or is it you coming up with them?  You may want to let him look it over and make any changes you want before mailing it in.

Kerry

Follow-Up:

No, I heard it from the people I bought the prefab barn from. Thanks.

 

My Reply:

That’s a perfect example of why it’s dangerous to believe tax advice from someone who will say anything in order to make a sale.  I constantly hear stories of big tax breaks being promised by car, boat and RV salespeople that turn out to be completely bogus.  Whether the salesperson intentionally lied or actually believed the information to be correct is irrelevant because the consequences are exactly the same. 

The smart thing to do when a salesperson makes such a claim is to verify its accuracy with an actual tax pro before making the purchase because it will be too late to do anything about it later.   Salespeople can’t and won’t stand behind their tax advice and you have no recourse when their tax claims evaporate.

Kerry

 

Posted in 179 | Comments Off on Don’t take tax advice from sales people.

Posted by taxguru on May 23, 2006

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Posted by taxguru on May 23, 2006

Local Doctor Found Guilty of Tax Evasion – This idiot from our area hoped to convince the jury that just because he believed taxes were voluntary, he had no intent to defraud the government and should be found innocent of the 25 criminal charges he was facing.  The jury obviously was smarter than the doctor and didn’t agree with his ludicrous line of reasoning. 
Update – Other Arkansas Coverage:
      Arkansas Democrat Gazette
      Harrison Daily Times

 

Florida Snowbirds Question Fairness of Property Tax – Taxation without representation is growing in popularity with local government officials.  Just as they love to hit tourists with huge taxes on travel and lodging costs, nailing property owners who can’t vote with higher property taxes than on voters is another underhanded tactic that they have no qualms about using in their insatiable thirst for tax dollars.

 

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Posted by taxguru on May 22, 2006

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Sneaky parts of new tax law

Posted by taxguru on May 22, 2006

 

From a reader:

Subject: 2006 Tax Law
 
Thanks for a link to the new tax law. The following item was a shock:

New law, IRC §6049(b)(2): Effective for interest paid after December 31, 2005, the payment of tax exempt municipal bond interest of $10 or more must be reported to the recipient and the IRS on a 1099.

Good grief; the noose tightens [retroactive to the January 1, 2006 coupon payments] for items which are not taxable. I wonder which of our masters sneaked in that provision.

My reply:

One of the many insane aspects to how our rulers draft tax laws is the fact that despite constant real world proof that lower tax rates result in higher overall revenues, they persist in using static analysis numbers that assume lower rates will lower revenues. 

There is also a rule that, whenever possible, any new tax law has to be revenue neutral. This send those financial geniuses scrambling all around for any little bit of new revenue they can find to offset the expected costs.  This often ends up with assorted provisions to plug up suspected “tax leaks.”  This new law has a good assortment of those, especially the expansion of the Kiddie Tax to cover children under 18 instead of just 14.

I haven’t read all of the background info on this new tax law; but I tried to think of the potential revenue justification for the new muni interest reporting rule.  If you look at the worksheet for computing taxable Social Security benefits, tax exempt interest income is added in to the calculation of gross income to see if the individuals qualify as evil rich and subject to the tax.  Our rulers’ staff flunkies probably figured being able to match up 1099s for this income will generate a few million dollars in new revenue by catching evil rich senior citizens who fail to pay enough tax on their SS benefits.

Thanks for writing.

Kerry Kerstetter

Follow-up:

Thanks for your swift & incisive reply.

When those “staff flunkies probably figured being able to match up 1099s” they probably over looked the accrued interest paid on purchase that is paid buy the buyer to the seller which is going to put the 1099s out of balance OR is the IRS going to start requiring non-issuer sellers to report accrued interest received & buyers to report accrued interest paid? I buy munis 6 times a year & usually have to pay some accrued interest to the seller, so there are potentially 6 items that  won’t agree with the 1099s sent to the IRS.

Next up for the IRS? They will require all buyers of securities to report their purchases in detail, sort of an anticipatory Schedule D.

 

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