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  August 2003 
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This Issue Covers:

Make the right choices to create philanthropic estate plans that work

IRS auditors get personal when determining income fraud cases

Don't let state taxes trip up disregarded entity tax planning tactics

Learn how nonattorneys win the right to practice in U.S. Tax Court

 

 

 Previous Issue

 

Make the right choices to create philanthropic estate plans that work

The American Council on Gift Annuities has reduced its gift annuity rates while the Charitable Federal Mid-Term Rate (CFMR) has sunk to near historic lows.  Despite these factors—or perhaps because of them—there remain ways to create a charitable giving estate plan that will give your clients the tax advantages they seek, according to Janet Nava Bandera in a recent column on Philanthropic Estate Planning in the Journal of Practical Estate Planning.  For example, Ms. Bandera notes that the low CFMR allows a higher charitable deduction when gifting a remainder interest in a personal residence or farm under a life estate agreement (LEA).  Using the June rate of 3.6 percent as the discount rate, she shows how a substantial charitable deduction can result from an LEA that donates a personal residence to a charity.  Other ideas Ms. Bandera features include charitable remainder unitrusts (CRUTs) and charitable lead annuity trusts (CLATs).  To read more on these charitable giving ideas from Bandera's 3-page article, click here.
Related Titles and Products to this Article:
CCH Financial and Estate Planning
Forming the Exempt Organization
CCH ViewPlan Advanced

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IRS auditors get personal when determining income in fraud cases


When IRS auditors examine cases of potential tax fraud, some unusual tools can be brought to bear for finding unreported income.  Home purchases, luxury lifestyle purchases, lavish gifts and other high-rolling activities can lead agents to a determination that a taxpayer is hiding income that should be taxed.  Cash audits, detailed looks at business records and even drive-bys of taxpayers' homes are part of the approved list of IRS agent activities.  In cases where fraud is seriously suspected, agents can do even more, according to Larry Crumbley, CPA, Cr.FA, a coauthor of CCH's Forensic and Investigative Accounting.  Worksheets from the IRS show how to calculate cash flows, monitor purchases, and look at other evidence that can determine income indirectly when client records are incomplete for whatever reasons.  Congress has limited IRS authority to do so-called lifestyle audits, but those restrictions still leave many options open to agents investigating potential income tax evasion.  Learn the ins and outs of IRS forensic accounting methods by clicking here to read the full 23-page Indirect Methods of Reconstructing Income chapter, or click here for a detailed Table of Contents for Forensic and Investigative Accounting.

Related Titles to this Article:
U.S. Master Auditing Guide
U.S. Master Accounting Guide
ENRON AND BEYOND: Technical Analysis of Accounting, Corporate Governance, and Securities Issues
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Don't let state taxes trip up disregarded entity tax planning tactics

Single-member limited liability companies and qualified subchapter S subsidiaries provide tremendous tax advantages for both smaller businesses and large corporations looking for alternative structures with related companies.  While federal treatment may disregard these entities and combine them with the owner for tax purposes, some states take a radically different stance.  Missouri, for example, conforms to federal treatment of SMLLCs, but offers no such treatment to QSSSs.  Texas subjects both entities to its franchise tax, according to a recent article in the Journal of Passthrough Entities by Theodore Bot, a partner with McDermott, Will & Emery.  Mr. Bot carefully draws a path through the planning considerations on the state tax side of entity choices.  There are many pitfalls in how states will treat SMLLCs and QSSSs, he notes. And then there are nexus issues.  These entities could force their owners to file and pay taxes in states where they otherwise have no obligation to do so, which in turn could lead to allocation and apportionment complications.  Sales and use tax collection duties could also become part of the obligations of the corporate parents of these entities, in many instances, as states advance "agency" nexus arguments.  For Mr. Bot's full 12-page article on this issue, click here.
Related Titles to this Article:
Related-Party Transactions and Structures: State Tax Issues
Partnerships and LLCs: Tax Practice and Analysis
S Corporations: Tax Practice and Analysis (2nd Edition)
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The biggest challenge for nonattorney practitioners taking the U.S. Tax Court's examination that will allow them to practice before the Court is learning to think like what they are not—lawyers.  CPAs, EAs and others can usually master the tax knowledge necessary, but the all-important evidence section of the exam trips up many applicants who don't have a legal background that would leave them well versed in the rules of evidence, as well as the language of legal practice, according to Sherrill L. Gregory, EA and M.B.A., in a recent issue of the Journal of Tax Practice and Procedure.  A nonattorney who has herself passed the exam, Ms. Gregory has developed a course to help others prepare for this rigorous exam.  In fact, three of the seven who passed the exam in 2002 used her course to prepare.  Gregory emphasizes that current knowledge of tax issues is the critical foundation that must show through in all four sections of the exam.  But, a good understanding of legal procedure can help candidates make the leap to success.  She advises studying recent Tax Court decisions to understand the language and thinking of tax case law.  Her advice ranges from the technical to the highly practical.  For example, she notes that the handwritten exam will require applicants to fill up many pages of blue books with essay answers.  In a world driven by keyboards, it is wise to practice writing long passages by hand to be ready for this grueling test.  She points out that form and grammar are far less important than showing the knowledge required.  Bullet lists work fine and complete sentences are not absolutely required, she notes.

A bonus companion article by Claudia Hill, EA, ATA, M.B.A., editor in chief of the Journal of Tax Practice and Procedure and a panelist on the most recent IRS Tax Talk webcast, features the results of several interviews with nonattorney practitioners who have passed the exam.  All say to be prepared to study hard—500 to 1,000 hours of prep.  All also point out that merely preparing for the exam will make you a better practitioner even if you miss the mark on the first try.  To read this insightful 8-page article, click here.
Related Titles to this Article:
United State Tax Court: Rules of Practice and Procedure
Practitioner's Guide to IRS Tax Penalties
Resolving Your Clients' Tax Liabilities: Tax Code and Bankruptcy Code Remedies
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Spotlight Products:


Journal of Practical Estate Planning

Journal of Practical Estate Planning

Offers valuable advice from experienced practitioners, who provide sound, practical guidance to help simplify even the most complex estate planning strategies.


Forming the Exempt Organization

Forming the Exempt Organization

Hands-on practice tool for attorneys, accountants, financial planners and managers who desire to form nonprofit, tax-exempt organizations for their clients.


 

Forensic and Investigative Accounting

Forensic and Investigative Accounting

Complete and most readily teachable text on the most timely accounting topic in the post-Enron environment.


 

U.S. Master Accounting Guide

U.S. Master Accounting Guide

Distills key accounting, business, legal and financial information into a convenient package for easy reference.


   

Journal of Passthrough Entities

Journal of Passthrough Entities

With each information-packed issue, subscribers receive unparalleled expert analysis, proven strategies and practical insight.


 

S Corporations:  Tax Practice and Analysis

S Corporations:  Tax Practice and Analysis

Provides the latest substantial, clearly-written and practical help for professionals. 


 

Journal of Tax Practice and Procedure

Journal of Tax Practice and Procedure

Emphasizes taxpayer advocacy and the protection of taxpayer and representative rights, analyzes legislative and regulatory changes, and highlights industry shifts that present taxpayer representation issues.

 

 

 

 

 

 

 

 

 

 


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