Podcasts by Ed Zollars Tax Update Podcast
An update from time to time on various tax issues presented by Ed Zollars, CPA and designed for tax professionals. Users are cautioned to do their own independent research to verify any conclusions stated on this podcast--I do not claim to be infallible, but just to bring up issues to consider.
Further podcasts by edzollarstaxupdate@gmail.com
Podcast on the topic Geldanlage
All episodes
Gadgets and Gizmos from 2009-06-01T16:05
This week's presentation is based on a presentation I made for the Virginia Society of CPAs' 8th Annual Industry Conference in Williamsburg on May 28, 2009 on gadgets and gizmos. The presentation ...
ListenThe Education of the Taxpayer from a Business Perspective from 2009-05-18T21:41
Education incentives have been a favorite of Congress in recent years, but this week we look at the old favorite of education as a business deduction, a provision covered by regulations last update...
ListenThe Limits on Taking a Return Position from 2009-05-09T13:21
Last year there was lots of discussion regarding the changes to §6694 and how tax professionals were to apply the standards there against return positions. However, while the standard to be applie...
ListenNet Operating Loss Guidance: Let's Try This One Again from 2009-05-03T14:04
The IRS has issued a revised ruling on the use of a net operating loss under the new rules Congress added in February. The new ruling, Revenue Ruling 2009-26, updates and liberalizes the guidance ...
ListenWhat's Up Doc? Employee or Not? from 2009-04-25T12:46
The definition of an employee is this week's key issue--and we look at the matter in the case of Maimon v. Commissioner, TC Summary Opinion 2009-53. Dr. Ma...
ListenA Matter of Time (And Innocent Spouses) from 2009-04-20T21:24
The Tax Court recently decided a pair of cases related to the innocent spouse provisions of §6015 and time limits on filing for relief. In the case of Mannella v....
ListenA Defining Moment-Brokerage Trade or Business from 2009-03-07T12:23
The IRS has shown recent interest in disputing whether real estate agents meet the requirements to be treated as real estate professionals that can use the rules of §409(c)(7) to treat rental real ...
ListenThe Case of the Missing Cattle-Overvaluation Penalty from 2009-02-28T20:58
Can nonexistent cattle be overvalued? The Ninth Circuit, disagreeing with the Tax Court and other circuits, says it cannot be in the case of Listen
It's a Matter of Trust Funds—the Responsible Person Penalty from 2009-02-22T21:59
This week we look at a case dealing with the trust fund recovery penalty under §6672. In the case of Richard A. Smith v. United States, 2009 TNT 30-6, CA10...
ListenLosses and Choices-Stimulus Bill Net Operating Loss Rules from 2009-02-14T22:27
The new American Recovery Reinvestment Act of 2009 has a number of tax provisions, and this week's podcast looks at the small business net operating loss provisions of the Act. This provision will...
ListenHousing Fiasco of a Different Sort-Casualty Loss Issues from 2009-02-07T16:08
Housing problems are all over the news (and with some of our clients), but today's story is a housing problem of a different sort. We look at a case where lots of things went wrong in building a t...
ListenA Matter of Timing-When Income and Deductions are Reported from 2009-01-31T20:09
What if a customer tells you they are going to reduce what they pay you for the work you just delivered to them because you owe them to fix for a bad job you did on an earlier contract? If you are...
ListenHome is Where the Job Is from 2009-01-25T18:16
This week I look at a case involving a Northwest Airlines mechanic who was laid off and ended up using his "bumping" rights in other cities while hoping to return to his original home base. The qu...
ListenSharing the Credit-IRS Rules on Section 36 Provision from 2009-01-19T12:26
Last year when Congress added the first-time homebuyer credit found in Section 36, they included the ability for unmarried individuals who jointly acquire a residence to allocate the credit among t...
ListenDebt, Foreclosures and the Tax Law from 2009-01-16T16:39
The new year opens up with a podcast based on a topic that was part of a panel I was a part of at the Arizona Forum for Improvement of Taxation's winter conference. I spoke with attorney Tracy Ess...
ListenMedical Expenses: Testing the Limits from 2008-12-27T15:06
Medical expenses were the issue this week in the case of Magdalin v. Commissioner, TC Memo 2008-293. In this case the taxpayer had paid expenses for obtain...
ListenSelf-Employed or Not? from 2008-11-27T17:00
After a bit of a break while I was out speaking in the past couple of weeks in Nevada, California, Ohio and Virginia we return to a Thanksgiving Day podcast dealing with self-employment taxes and e...
ListenSection 6694 Saga Developments-An Update After Latest Revision from 2008-11-09T14:08
The podcast this week is based on a presentation I made Thursday at the Arizona Tax Institute on the current state of Section 6694. The session was scheduled back a few months ago, but proved time...
ListenS Corporation Debt and How to Not End Up With Basis from 2008-11-02T03:31
We continue with issues related to S Corporation debt and the many ways to end up not being able to use debts to deduct losses flowing through. This week we look at the Tax Court's opinion in the ...
ListenClosing the Open Door-S Corporation Debt from 2008-10-28T22:34
The IRS has issued final regulations on S Corporation open account debt that will change the way that many clients have to deal with their loans to the corporation. These changes are effective imm...
ListenToo Late to Elect from 2008-09-28T12:54
Another taxpayer found out well after filing his return with less than stellar results from his trading activities that there had been an option to file an election under §475(f) to use mark to mar...
Listen"Creative Planning" Creates Fraud Penalty from 2008-09-21T16:57
This is a "travel" podcast of sorts this week--the materials were prepared on a Southwest Airlines 737 flying from Phoenix to Baltimore, and recorded in the Hotel Roanoke in Roanoke, Virginia. Thi...
ListenWe Just Disagree-What is the Meaning of In Connection With? from 2008-09-15T14:52
We look this week at a difference in application of IRC §162(k) between the Ninth Circuit Court of Appeals and the United States Tax Court given the Tax Court's decision in Listen
At Death Do Payments Stop? Alimony Revisited from 2008-09-07T20:16
The Ninth Circuit Court of Appeals this week affirmed the Tax Court's decision in the case of Johanson and Melzig v. Commissioner, TC Memo 2006-105 involvin...
ListenDelayed Rebate-Tax Status of Accrued Rebates from 2008-08-31T22:34
Accounting issues we often run into involve the differences between tax and GAAP treatment of items, and this week we look at one such case involving the time for recognizing an expense. In this c...
ListenAuthoritative Support-Getting the Required Support for a Tax Position from 2008-08-25T12:53
We review the requirements found in the regulations for obtaining the required support for a tax position, concentrating on the methods outlined in Reg. §1.6662-4(d) in the definition of "substanti...
ListenKeeping Things Open-Life Insurance Demutualization Case from 2008-08-17T19:42
This week we look at the Recent United States Court of Federal Claims decision in Fisher, Trustee v. United States, 2008 TNT 154-7 where the court sided wi...
ListenSection 108 Proposed Regulations for S Corporations from 2008-08-10T14:11
The IRS issued new proposed regulations to explain the reduction of the NOL substitute in an S corporation setting when cancellation of debt is excluded from the S corporation's income under Sectio...
ListenI Wish That Hadn't Worked--Section 83(b) Election Regret from 2008-08-03T13:05
This podcast is the sequel to a November 2006 podcast on the same case--that of Kadillak v. Commissioner where an individual who was caught by the "dot bomb...
ListenHome Run-A Look at Some Tax Provisions in the New Housing Law from 2008-07-27T22:29
In a special podcast, we look at the just passed American Home Rescue and Foreclosure Prevention Act of 2008, taking a detailed look at a few tax provisions in that bill of interest. We look at th...
ListenHeeding Warnings-Taxpayer Penalized After Preparer Shopping from 2008-07-27T13:17
In the past year we've talked a lot about the preparer standards and tax return positions. This week, in the case of Wadsworth v. Commissioner, TC Memo 200...
ListenVirtual Machines and Tax Practice from 2008-07-21T01:00
I gave a presentation at the offices of the Arizona Society of CPAs on the use of virtual machines to deal with the transition from Windows XP to Vista in a tax practice. This podcast is based on ...
ListenGetting Started Automatically—IRS Modifies Rules for Start Up and Organization Costs from 2008-07-13T23:11
The IRS issued new temporary regulations that deal with start-up and corporate and partnership organization costs. Interestingly enough, the new regulations now create an automatic election to exp...
ListenS Corporations and AAA from 2008-07-06T23:06
The IRS this week issued some relatively unsurprising guidance on the treatment of life insurance and an S corporation's accumulated adjustments account, so this week we'll look at the more general...
ListenIRS Releases New FAQ on HSAs from 2008-06-29T14:48
The IRS has issued new guidance in the form of a series of questions and answers related to Health Savings Account in Notice 2008-59. This podcast goes over the various items covered in this notic...
ListenProposed Regulations for Preparer Penalties - Part Two from 2008-06-26T13:32
This is part two of a series of two podcasts on the
proposed regulations for preparer penalties released recently. .
The materials are at Listen
Proposed Regulations for Preparer Penalties - Part One from 2008-06-23T02:49
This is the first of what will be a series of two podcasts on the proposed regulations for preparer penalties released here recently. Considering the length of the regulations and podcast, the fir...
ListenWho is Knocking at Your Door? Computer Security for Financial Professionals from 2008-06-15T14:43
Securing our client's data is the responsibility of all of those in tax practice. This past week I gave a presentation at the Arizona Society of CPA's Financial Planning Conference on this matter, ...
ListenStep or No Step-Holman Case from 2008-06-08T13:53
This week we look at the step transaction doctrine and where the line is drawn when we deal with the application of the step transaction doctrine in the formation of a family limited partnership. ...
ListenPoor Records Not Equated to Fraud from 2008-05-30T14:22
This week we look at a Court of Claims case that deals with an IRS examination and the imposition of the fraud penalty--a penalty the Court of Claims found was not justified. The case is the one o...
ListenNot a Mere Technicality-SEP Disqualified from 2008-05-24T13:36
Simplified employee pensions (SEPs) are a popular retirement plan for extremely small businesses, with one of the key attractions being that don't require many of the formalities of regular qualifi...
ListenPartnership Liabilities, Tax Shelters and Different Views of the Same from 2008-05-17T14:45
The Fifth Circuit came down with a ruling in Kornman & Associates, Inc. v. United States on whether a taxpayer who set up a Son of BOSS style shelter would ...
ListenAll IRS Employees Are Not Equal from 2008-05-10T22:19
Since we've discussed mailing returns in previous podcasts, this time we look at the problems a taxpayer who tries to hand file a return can run into getting that done correctly. In the case of
Sloppiness and the Tax Shelter from 2008-05-04T21:38
Partnership taxation is one of those areas where things may not work exactly as many practitioners expect, and those unexpected workings are things that tax shelter promoters have attempted to make...
ListenQualified Joint Venture and Memo on Self-Employment Tax from 2008-04-28T13:07
This week we follow the continuing saga of the self-employment tax and qualified joint venture that we've been following since the early part of this year. This week we analyze CCA 200816030 issue...
ListenThe Mailbox Rule Comes Up Once Again from 2008-04-20T20:00
The issue of whether §7502(c) provides the exclusive means to prove timely filing of a document by a taxpayer is addressed yet again by the courts--and what the Third Circuit had to say, the IRS di...
ListenWas it a Gift or Compensation? The Tax Court Knows from 2008-04-16T17:41
After a hiatus at the end of tax season, we return with a new show dealing with an issue of whether a payment to a person was compensation income or a gift. The case in question is the case of
Upon Further Review-Self-Employment Tax Issues from 2008-03-22T23:28
The self-employment tax is our topic for this week, specifically dealing with two topics. We revisit an issue last visited in the early days of the podcast (back in June 2005) of the treatment of ...
ListenCPA Says Error, IRS Says Accounting Method from 2008-03-16T14:41
The question of whether a problem on a return was an error or a method of accounting is important, as we'll discuss this week looking at the Sixth Circuit's ruling in the case of Listen
Risky Business - LLC Debt Restoration Provision Fails to Provide At Risk Status from 2008-03-09T14:04
This week we look at the Tax Court's second pass at the case of Hubert v. Commissioner, TC Memo 2008-46, a case that sent back to the Tax Court by the Sixth Circuit Court of Appeals to decide if th...
ListenSafe Harbor for Section 1031 Exchanges from 2008-03-02T23:01
The IRS has issued a safe harbor treatment for §1031 exchanges involving property that previously had or subsequently has personal use. Revenue Procedure 2008-16 outlines the tests taxpayers can m...
ListenNot Quite Good Enough-Timely Filing One More Time from 2008-02-24T14:09
We revisit the issue of what exactly is timely filing, revisiting an issue last covered in a podcast back in October of 2005. This time we look at the Tenth Circuit's opinion in the case of Listen
Transforming Rental Income to Self-Employment Income - Qualified Joint Ventures from 2008-02-17T13:40
This podcast was originally recorded to go up last week, but the new tax bill displaced it so a week late we'll look at something that might have escaped your notice in the tax bill passed last May...
ListenEconomic Stimulus Package of 2008 (Tax Matters) from 2008-02-09T14:44
Congress passed the Economic Stimulus Package of 2008 this week that makes a few, but significant, tax law changes for 2008. This podcast talks about what Congress did and what we need to do about...
ListenSo You Want Your LLC to Be An S Corporation from 2008-02-04T09:00
A listener who was following along in some discussions on the Arizona Society of CPAs sent me an email suggesting that perhaps it might be useful to look at the issues involved with LLCs and S corp...
ListenA Capital Idea-But Not In the Eyes of the Court from 2008-01-27T12:23
The issue of what is a capital asset is looked at in the Ninth Circuit's decision in Trantina v. United States, 2008 TNT 7-8. In this case, an insurance ag...
ListenConsenting to Disclosure or Use of Return Information from 2008-01-21T09:00
This week we look at Revenue Procedure 2008-12 and final regulations under §7216, both of which deal with taxpayer authorizations for the use or disclosure of tax return information by tax preparer...
ListenKnight Time for Investment Fees in Trusts from 2008-01-17T02:21
The Supreme Court today decided the issue of whether investment fees paid by a trust was subject to the 2% of adjusted gross income limitation. The Supreme Court in Knight v. Commissioner held tha...
ListenEconomic Substance, Promissory Notes and Partnerships from 2008-01-14T09:00
We look at a case where the IRS failed in an attempt to argue that a transaction had no economic substance or otherwise failed under the anti-abuse partnership regulations. The case is Listen
Debt Relief, Recourse Mortgages and Tax Research from 2008-01-07T09:00
We look at a case that illustrates the application of Section 108 in a situation with recourse debt. While this case would likely have been covered by the relief in the Listen
IRS’s New View on §§6694 and 6695 from 2008-01-01T14:01
The IRS celebrated the end of 2007 by releasing three Notices late on December 31 that provide guidance on the application of the revised preparer penalties contained in the Small Business and Work...
ListenClass Warfare in the Family (with an S Corporation) from 2007-12-31T07:00
In this podcast, we look at a case where a shareholder attempted to argue that, in fact, the S corporation's election had been terminated a decade before due to an agreement with the founding share...
ListenEnd of Year Trifecta of New Tax Bills from 2007-12-27T23:56
In this podcast we look at highlights of three of the five bills affecting taxation that Congress passed prior to leaving town, specifically the Tax Increase Preve...
ListenHome is Where the Partnership Isn't from 2007-12-26T09:00
In a recent Tax Court decision on the home sale exclusion under Section 121, the IRS and the taxpayers split the decision--the IRS lost in its attempt to claim the taxpayer did not use the property...
ListenS Corporation Owner Health Insurance Deduction from 2007-12-24T15:35
The IRS has issued Notice 2008-1 that details how an S corporation shareholder can qualify for the self-employed health insurance d...
ListenWashing Out a Loss-IRS Rules on IRA's Relationship to Section 1091 from 2007-12-22T14:07
After a not so short hiatus, the Tax Update podcast is again posted, this time looking at IRS Revenue Ruling 2008-5 that deals with issue ...
ListenRolling Changes: IRS Releases Two Revisions to Circular 230 10.34 from 2007-09-26T21:53
Two days, two revisions: the IRS on September 25 issued proposed regulations to revise Circular 230 §10.34, and the next day finalized regulations that also made changes to the same provision (amo...
ListenTotal Devastation-Damage to a Residence and Eligiblity for Section 121 from 2007-08-31T12:44
The IRS released a Chief Counsel Advice (CCA 200734021) that dealt with how to interpret the language found in Section 121(d)(5) that, in certain cases, will allow a taxpayer to treat a residence t...
ListenNorth, to Alaska-Thompson, Valuation and Reasonable Cause from 2007-08-26T13:27
The Second Circuit Court of Appeals decided that the Tax Court had been too quick to dismiss a penalty under §6662 in the Estate of Thompson, decided last w...
ListenIt Has to Be Something! Tax Court Penalizes Taxpayer for Sloppy Records from 2007-07-20T23:18
We once again revisit the Cohan rule, but this time in the context of a much larger taxpayer than we normally look at, in the case of Tyson Foods, Inc and Subsidia...
ListenHome Equity of a Different Sort-Claiming Deductions for a Home the Taxpayer Doesn't Own from 2007-07-14T15:36
Equitable ownership of a home can grant a taxpayer a deduction for mortgage interest and taxes even when the taxpayer is not the legal owner. While the taxpayer in the case of Nair v. Commis...
ListenSubstantial Understatements—the Penalty under §6662(b)(2) from 2007-07-09T01:18
We finish up the look at §6662, this time looking at the substantial understatement penalty, as well as the exceptions to this penalty.
The material for this week's podcast can be downl...
ListenThe Value of Standards-SSVS No. 1 Released and the Impact on CPAs in Tax Practice from 2007-07-04T13:23
For Independence Day we take a look at a new set of standards released by the American Institute of CPAs' Consulting Services Executive Committee that will take effect for engagements entered into ...
ListenSection 6662(b)(1) Penalties on Client-A Review from 2007-06-30T15:41
Given that in both the changes to Circular 230 paragraph 10.35 back in 2005 and the recent revisions to Section 6694, it seems appropriate to review the penalties that can be imposed on a taxpayer ...
ListenTesting the Limits-The IRS Loses Statute of Limitations Case from 2007-06-21T13:02
This week we look at recent cases where the IRS lost a statute of limations case. In the case of Bakersfield Energy Partners, LP, 128 TC No. 17, the questi...
ListenDelay of Game-IRS Grants Temporary Relief For Section 6694(a) Changes from 2007-06-17T13:52
The IRS this past week issued Notice 2007-54 which grants partial relief from some of the changes made to the preparer penalties under Section 6694(a), delaying full implementation of the provision...
ListenInto the Penalty Box-Updated Prepared Penalty Provision in New Law from 2007-06-01T23:15
We further analyze the new law, this time looking in detail at the preparer penalty provisions and the change in the trigger for where the preparer penalty under Section 6694(a).
The mater...
Kiddie Tax Update: Correction to New Law Podcast from 2007-05-29T13:20
Kaye Thomas emailed me with an observation regarding one issue in the new law. It turns out that though prior drafts of the bill and the Joint Committee's report on the bill indicated expanding th...
ListenOn Second Try-Tax Law Changes Come Back After Veto from 2007-05-26T00:47
The new Congress has passed its first major tax bill with changes that are meant to grant relief to small businesses, but which also have revenue raisers that will impact a number of clients. The ...
ListenPayment Encore: Liability of Taxpayer for Embezzlement by Payroll Service from 2007-05-18T18:06
We look at the recent case of Pediatric Affililates, P.A., (2007-1 USTC ¶50,477) where the Third Circuit Court of Appeals upheld the U.S. District Court of ...
ListenIt Depends-IRS Proposes New Divorced Parents Regulations from 2007-05-09T00:15
This week we look at Proposed Regulations under Section 152 to clarify the treatment of divorced parents, regulations that would both serve to document what has developed under the current temporar...
ListenHome is Not Where the Heart Is-Section 162(a)(2) from 2007-04-27T23:08
A taxpayer without a regular place of business can still obtain a deduction for travel away from home if the taxpayer can establish that he/she has a home. In two cases (Listen
Cost of Bad Practice: IRS Notice Implementing Monetary Penalties Under Circular 230 from 2007-04-24T13:18
The IRS on April 23 released guidance on the application of monetary penalties to practitioners, their employers, firms and related entities for violations of Circular 230 as authorized by the Amer...
ListenAn Extension We Don't Want-Tax Preparer's Fraud Taints Return for Statute of Limitation from 2007-03-10T14:06
When Section 6501(c) refers to a false and fraudulent return, does the IRS need to show that the taxpayer was involved in the fraud to get the benefit of the unlimited statute of limitations to ass...
ListenCredit Denied-IRS Attacks Partnership State Tax Credit Shelter from 2007-02-25T01:46
The IRS has again issued guidance indicating their displeasure with a marketed shelter that promises benefits via the literal application of partnership provisions in the IRC. In CCA 200704028 the...
ListenThere's English and There's the IRC-Passive, Active Conduct and Carrying On from 2007-02-18T02:20
Congress doesn't necessarily make the law work as consistently as practitioners want it to work. This week we look at four different provisions in the Internal Revenue Code and their somewhat diff...
ListenA Family Affair-Spouses and Medical Reimbursement Plans from 2007-02-10T13:59
Back in February of 2006, I did a podcast on medical reimbursement plans and went over the Speltz case where the taxpayer prevailed in a medical reimbursement plan provided for h...
ListenThe New and Improved Health Savings Account from 2007-02-03T00:29
Congress passed a number of incentives in the Tax Relief and Health Care Act of 2006 meant to make Health Savings Accounts (or HSAs) more attractive to taxpayers. We'll take a look at the provisio...
ListenBut I Left it at the Hotel-The Late Filing Issue from 2007-01-27T17:38
We look at the case of a traveler who got bitten when she attempted to make use of the hotel to get a package picked up by a private delivery service-a package that happened to contain her petition...
ListenLiterally Too Good To Be True-IRS Memorandum on Partnership Transaction from 2007-01-20T02:43
This week we look at an IRS memorandum that argues against the position taken by a taxpayer arguing that his transaction literally complies with Section 731 and 732. The IRS argued that the transa...
ListenPut on Notice-IRS Explains the Distribution Provisions in the Pension Protection Act of 2006 from 2007-01-13T15:13
The IRS has issued Notice 2007-7 that explains the distribution provisions in the Pension Protection Act of 2006. In the podcast, we look ...
ListenWhen Did That Happen? Options and Exercise Date? from 2007-01-06T23:42
Sometimes life just doesn't seem fair. Like when you exercise stock options from your former employer, and the stock price drops 20% from the date you told your employer to exercise the options un...
ListenMaybe Not Better Late Than Never-Mark to Market Election under Section 475(f) from 2006-12-30T21:12
The mark to market election under Section 475(f) can have a major impact for individuals that were unsuccessful in their attempt to become a day trader-which turns out to be the majority of those w...
ListenTiming is Everything-IRS Issues Year End Expense Guidance from 2006-12-24T03:57
This week the IRS decided to send a warning to accrual basis taxpayers that the IRS has some very specific ideas on the proper application of the recurring item exception. We look at Revenue Rulin...
ListenGiving Credit Where Credit is Overdue-Holiday AMT Gift from 2006-12-09T16:55
Congress got around to passing the extenders in the Tax Relief and Health Care Act of 2006 early on Saturday morning, which picked up a number of the items ...
ListenThe Dictionary vs. the Regulations-Active Participation in Retirement Plans from 2006-12-02T19:57
The issue of whether an individual is or isn't considered an active participant in a retirement plan can be complex, as the taxpayer found out in the case of Colom...
ListenClose Doesn't Count-Accountable Plan Rulings from 2006-11-25T16:32
Given that the IRS and courts had a short week, we look back this week at a ruling from a few weeks back, as well as a related ruling from a year ago, that deal with the accountable plan rules, and...
ListenA Ringing in Your Ears-Telephone Tax Refunds and Businesses from 2006-11-17T19:07
The IRS has released a simplified method that businesses can elect to use to compute the amount of their refund for the federal long distance excise tax that the IRS finally agreed the law did not ...
ListenTo 83(b) or not to 83(b)-That is the Question from 2006-11-11T13:50
83(b) elections were all the rage, especially for those with stock options during the dot com bubble--and now many of those individuals regret the election. This week the Tax Court considered the ...
ListenSorry, But No Dice-Reliance Upon a Tax Professional Co-Administrator from 2006-11-04T01:00
The podcast this week deals with the case of Estate of Landers, TC Memo 2006-230, where an estate's co-administrator attempted to seek a finding that there ...
ListenPlain Speaking: General Powers of Appointment, the GST and Grandfathered TRA86 Trusts from 2006-10-27T13:05
The Tax Court this week reasserted its previously stated position on the treatment of the GST grandfathering provision for trusts in existence on September 25, 1985 when a party holds a general pow...
ListenTake That, Private Annuities! New IRS Proposed Regulations from 2006-10-21T00:00
The IRS has proposed regulations that will radically change the taxation of private annuities, making Revenue Ruling 69-74 obsolete as of October 18. We discuss the new treatment the IRS is propos...
ListenLet’s Try This Again-Another AMT Capital Loss Theory Loses from 2006-10-14T01:01
In a relatively slow tax news week, the Tax Court issued yet another published opinion dealing with the coordination of the capital loss rules of §1211 and the alternative minimum tax. In the case...
ListenA Little Bit of This and That-Signing Returns, Alimony and 409A Reprieve from 2006-10-07T01:43
This podcast covers a number of recent tax developments, including dealing with the burning issue of whether a preparer must sign the client's copy of the return, a recent case involving again the ...
ListenA Defining Issue-Who Is an Employee? from 2006-09-30T00:45
The issue of whether a service provider is properly treated as a contractor or employee is an important issue for many small businesses. In the case of Orion Cont...
ListenNot Quite Horseshoes-Close Doesn't Count for Charitable Appraisals from 2006-09-21T11:58
The documentation rules for charitable contributions can create situations where taxpayers lose the right to claim a deduction even though they made it and, by the time they get to Tax Court, can e...
ListenLimitations-the Statute of Limitations on Refund Claims from 2006-09-16T00:57
We look at a case involving the statute of limitations and the issue of reliance on IRS advice. In the case of A. L. Katz & J. L. Miller v. United States t...
ListenSecuring A Client's Data from 2006-09-09T04:00
Securing data has become a key issue for professionals, given recent high profile thefts of computers and drives containing sensitive client information. This week we look at some of the basics of...
ListenAnd You Get Your Own Car--Cars Provided to Employees from 2006-09-01T19:00
This week we deal with the issues involved with having cars that are used by employees, and the various rules that employers need to deal with in that situation. While arguably not as “exciting? t...
ListenBut My Kids Are Worth What I Pay Them! How Not to Handle Children on the Payroll from 2006-08-26T13:53
Paying your children to work in your business can make sense both for the business and from a family tax planning standpoint, but you have to take care to justify that the children are truly being ...
ListenWhy Margined Stock is Not Equivalent to a Nonqualified Option... from 2006-08-19T13:48
We look at a case this week that deals with the continuing problems of employee related options that were exercised when the stock was at a high price, but whose price collapsed before the tax was ...
ListenCongress Plants a Landmine-Company Owned Life Insurance from 2006-08-12T01:31
This week we look at a provision buried in the Pension Protection Act of 2006 that involves "employer" owned life insurnace. The provision in question renders the death benefit taxable to the exte...
ListenIt's a Matter of (Misplaced) Trust-Taxpayer Reliance on Advice from 2006-08-04T23:16
Taxpayers get their advice from a lot of sources, and we often end up having to defend our own advice against other sources. This week we have two cases that show that all advice is not created eq...
ListenGee, Whose IRA Was It? The Issues of Surviving Spouses and IRAs from 2006-07-29T00:50
Is a distribution made to a surviving spouse that was rolled to her IRA but can be traced to her deceased spouse's IRA account eligible for the death benefit exception to Section 72(t)? Considerin...
ListenThe Tax GAAP-FASB Speaks on Tax Provisions for Financial Reporting from 2006-07-21T22:51
And now for something completely different-coverage of FASB. Well, actually there is a tax angle to this one, as FASB has issued FASB Interpretation 48 in final form in June that will deal with un...
ListenReasonable Cause for Late Filing—I Didn't Late File from 2006-07-15T13:04
The logic of the application of the IRC to specific situations at times seems to defy common logic, and this week we look at a specific case of such. In this case, the Tax Court decided that a rea...
ListenThat's Not Income, That's a Discount—The Ninth Circuit Corrects the Tax Court from 2006-07-08T13:36
The issue of the taxation of prepaid purchase discounts that may need to be refunded if purchase goals are not met has resurfaced as the Ninth Circuit Court of Appeals reversed the Tax Court in the...
ListenWhat Did They Mean? Section 199 and Construction from 2006-07-01T00:06
For our one year anniversary show, we take a look at the newly released regulations under Section 199 as they define construction found at Regulation §1.199-3(m). These definitions are key for any...
ListenIs it Really My Loan? S Corporation Debt Once Again. from 2006-06-24T00:00
A few weeks ago (back in April) we looked at the case of Ruckreigel where a taxpayer lost an IRS challenge on whether a debt was truly from the shareholders...
ListenReading, Writing and FICA-Taxation of FICA Payments on Tenure Buyout from 2006-06-17T13:28
Another Circuit chimes in on the issue of the FICA taxation of payments made in exchange for tenure rights as part of an early retirement package offered to teachers. In a combined appeal of two c...
ListenExtra, Extra - IRS Headliner on S Corporation Shareholders and 162(l) from 2006-06-10T04:03
The IRS on May 15 issued a "Headliner" on their website directed at tax professionals that attempted to explain the treatment of policies purchased by a single employee shareholder of an S corporat...
ListenSpecial Podcast-About Those Extensions We Just Denied... from 2006-06-04T21:07
A special podcast this week of interest to practitioners (and their clients) who bulk filed paper extensions with the Fresno Service Center. The IRS recently admitted to a mistake in processing ex...
ListenAt Death Do the Payments Stop? Alimony and the Not Quite Clear Divorce Settlement. from 2006-06-03T13:57
Divorce settlements at times are frustrating for tax preparers to work with, since they often leave dangling the issue of whether payments were or were not intended to be alimony and, not surprisin...
ListenIndecent Exposure-Internet Access Security Issues Away From the Office from 2006-05-27T13:41
For Memorial Day, the podcast will take a break from tax related topics and consider rather some issues that arise when you, like many this weekend, are traveling and take your laptop with you to "...
ListenTax Increase Prevention Act of 2005-The Highlights and Lowlights from 2006-05-20T00:08
We finally have a 2005 extender bill, albiet missing a few extenders and with a few surprises (some good, some not so great). The President signed the bill into law this week, so it's time to look...
ListenIt's "t" time: Exceptions to the 10% Addition to Tax on Premature Distributions from IRAs and Plans from 2006-05-12T23:52
Taxpayers who take distributions from retirement plans prior to attaining age 59 1/2 have to deal with a confusing set of rules of which distributions are and are not eligible to escape the 10% add...
ListenTesting the Limits: the $3,000 Capital Loss Cap and the AMT from 2006-05-05T21:00
The Tax Court looked at the interaction of the $3,000 capital loss limitation and the alternative minimum tax basis adjustment on the sale of shares originally obtained via the exercise of incentiv...
ListenWhose Debt Is It Anyway? S Corporations and Loans from Related Entities from 2006-04-28T22:06
Shareholder debt to S corporations has proven to be a minefield for shareholders and their advisers, and the taxpayer and their adviser in the case of Ruckriegel v...
ListenBut I Never Got That Letter: When Mail Doesn't Make It To Taxpayers from 2006-04-22T11:57
Much of the information that taxpayers need to deal with their tax obligation arrives via the U.S. mail. But what happens when that mail is delivered to the wrong address and either never makes it...
ListenWe Didn't See This Adoption Coming-What is Unforseen? from 2006-04-15T11:52
Can adopting a child, an apparently voluntary endeavor, qualify as an unforseen circumstance for purposes of obtaining an early exclusion of gain from the sale of a home under Section 121? A taxpa...
ListenHow Much to Tell--Adequate Disclosure and Section 6501(e) from 2006-04-08T00:00
The case of Benson v. Commissioner, TC Memorandum 2006-55, provides a look at the issue of what constitutes adequate disclosure under Section 6501(e)(1)(A)(...
ListenUnreasonably Not Injured from 2006-04-01T00:11
We look at the exclusion for personal injuries under Section 104 this week, as well as the nature of a reasonable cause for purposes of escaping the imposition of a penalty. We use the case of
I'm a Yankee Doodle Dandy-Just Not a Good Recordkeeper... from 2006-03-25T00:47
This week we look at the issues and limitations involving the Cohan rule and its use in tax compliance and representation work.
The materials can be downloaded from Listen
In God We Trust, All Others Must Deposit With Us-Payroll Tax Trust Funds from 2006-03-18T01:11
This week we look at some issues revolving around payroll tax deposits, including the IRS and Social Security Administration recent caution about the use of payroll services to deposit taxes. <...
ListenDon't Get Personal (Service Corporation, That Is...) from 2006-03-11T00:00
In honor of the upcoming March 15 filing deadline for calendar year corporations, this week we look at the issue of just what is a "qualified personal service corporation" and, perhaps more imp...
ListenThe Trouble With Disclaimers-Circular 230 Revisited from 2006-03-04T11:10
This week's podcast arose from a discussion that began on the California Society of CPAs TaxTalk group on Yahoo about the widespread use of Circular 230 disclaimers. There seems to be an unfor...
ListenDoctor My Eyes Have Seen the Deduction—Medical Expenses and the Spouse from 2006-02-25T01:02
This week we look at issues surrounding what are medical expenses for various tax purposes, as well as a case where the taxpayer successfully defended hiring her spouse as employee, and then cov...
ListenFinding your Way-Thoughts on Efficient Tax Research from 2006-02-18T01:00
We take a bit of a break from developments to talk about the issues and methods of tax research this week. We look at how to learn to efficiently deal with research issues that arise in a tax ...
ListenThe Right the IRS Discovered That Invalidated CRTs--and Then Decided to Delay A Decision On from 2006-02-11T00:00
This week's program discusses charitable remainder trusts in light of the IRS granting relief from an issue they first seemed to have discovered last year regarding the potential state law gran...
ListenThe Cases of the Inadequate Charitable Documentation from 2006-02-04T00:30
This week we take a look at the Tax Court's application of the charitable documentation regulations to two real world cases.
In the case of Kendrix v. Commissioner a former IRS ...
ListenThe Superintendent and Section 62 from 2006-01-28T00:37
Congress hates employees--that's a fact of life that a worker learns the hard way in the case of Alley v. Commissioner, (TC Summary Opinion 2006-4) that we discuss this week. Mr. Alley h...
ListenThe Post December 31 Retirement Plan--Simplified Employee Pensions from 2006-01-21T02:34
This week we finally get a break from the Schedule D developments and move on to a new topic. We discuss simplified employee pensions, including the basic rules that apply to them, and the got...
ListenAttaining True Clarity--Efiling and Schedule D from 2006-01-14T02:00
In what has become an unintended series of podcasts, we deal once again (and hopefully for the final time) with the IRS's revisions to the Schedule D instructions, and the subsequent "clarifica...
ListenSpecial Edition-IRS Clarifies Schedule D from 2006-01-09T00:45
While highly unofficial at this point, the IRS has begun circulating a "clarification" of the Schedule D issue.
<... ListenDependent on It--The New Uniform Definition of a Child and the Revised Section 152 from 2006-01-07T01:00
This week we look at the updated uniform definition of a child and other changes to the dependency exemption under Section 152 that Congress passed last year, as well as a technical correction ...
ListenCharity Begins at Home (with Documentation...) from 2005-12-31T01:00
We mark six months of podcasts this week (the first Tax Update was posted right after Apple opened up the iTunes music store to podcasts).
To close out the year and get ready for the u...
ListenBy the Form—New IRS Schedule D Instructions from 2005-12-23T23:00
For our Christmas Eve edition of the podcast we look at the controversy that has arisen about a modification the IRS made to this year's Schedule D instructions. In the 2005 edition of the inst...
ListenConfession is Good for the Pocketbook from 2005-12-17T01:00
This week we look at adequate disclosure under Revenue Procedure 2005-75 for purposes of escaping the substantial understatement penalty under Section 6662(a).
Download the materials f...
ListenOrigin of the Claim - Legal Settlements and Fees and the Tax Law from 2005-12-10T01:00
This week we look at the issue of legal fees and settlement, and the tax status of such. We'll look at the result in the Ha...
ListenBreaking Up Can Be Taxing - Alimony Under the Tax Law from 2005-12-03T01:00
Be sure to download the materials from http://edzollars.com/2005-12-03_Alimony_Defintion.pdf.
This week's podcast deal...
ListenWhat is My Motive? The Profit Motive Under Section 183 from 2005-11-26T01:00
This week we look at a case involving two doctors who receive funds from the local school to use for the education of their autistic child. The doctors attempted to claim they were running a b...
ListenBorrowing from Your IRA and Playing Russian Roulette from 2005-11-19T01:00
We look at a recent private letter ruling where the IRS made it clear that taxpayers who use the 60 day rollover rule to "borrow" from their IRA do so at their own risk, even if events complete...
ListenWhen Congress Tries to Help Our Clients (Section 199--With Friends Like This, Who Needs Enemies?) from 2005-11-12T02:20
This week's podcast is based on my presentation today at the Arizona Society of CPAs' Arizona Federal Tax Insitute held at the Arizona Biltmore. The Biltmor...
ListenSubstance Over Form: Who Can Assert It and When It Can Be Asserted from 2005-11-05T01:38
This podcast deals with three cases that dealt with attempts to have the court deal with the substance of a transaction as opposed to its form. We'll discuss why the IRS can succeed at this, w...
ListenWhat is the Value of that Donation? from 2005-10-28T23:18
This week we look at two recent Tax Court cases that dealt with contributions to charity and the values of the items donated. In one case, the item donated was a car while in the other case it...
ListenDoes Anybody Know What Time I Filed? from 2005-10-21T22:30
This week we discuss the issues surrounding the use of the mail and electronic filing to prove a filing date. The materials can be downloaded from Listen
Arizona Legislation Over Lunch from 2005-10-20T23:34
Today Anthony Forschino, Legilsative Liaison for the Arizona Department of Revenue spoke at the Arizona Society of CPAs ...
ListenCircular 230 Update from 2005-10-15T05:00
This podcast is based on the September 20 presentation I gave for the Arizona Society of CPAs on the changes to Circular 230 that became effective over the ...
ListenWhen a Loan Is Not a Loan (and When It Is) from 2005-10-08T01:35
This week we look at two Tax Court opinions released on the same day that both dealt with whether a transaction represented a loan to the taxpayer or was income. The cases are Listen
More Thoughts on Vista and Security from 2005-10-05T05:00
Comments sparked by an online discussion on Yahoo Groups Taxprofessionals group with Drew Edmundson.
I wanted to clarify that I didn't mean to be ...
ListenLive from Roanoke--a Discussion of Technology Changes and Accounting Practice from 2005-10-01T05:00
This is a recording of a presentation made on the morning of September 27 at the Virginia Accounting & Auditing Conference on the Accounting Office of the Future (or at least that's the title) f...
ListenClarification of KETRA Mileage Provision from 2005-09-30T00:08
This file contains a correction/clarification to yesterday's KETRA update. As is pointed out in this program, Section 303 of the Act does limit these higher rates to provision of Katrina relie...
ListenKatrina Relief Bill Has Items of Impact Outside Katrina Area from 2005-09-28T10:46
This quick update summarizes the items contained in the Katrina Emergency Tax Relief Act of 2005 (KETRA), concentrating on those items that have impact across the country, as well as summarizing...
ListenAn unallocated arbitration award, as well as the limits of Cohan from 2005-09-24T05:00
This week's podcast deals with arbitration awards and IRA accounts. What happens when a taxpayer is awarded an amount in arbitration regarding the management of an IRA account, but the award is...
ListenGetting a Second Chance to Elect from 2005-09-17T01:02
No, we're not talking about reconsidering your vote from last November. Rather, this week's podcast deals with both the automatic and discretionary extensions the IRS grants to make elections f...
ListenArizona Rulings Over Lunch from 2005-09-15T23:30
Today's podcast reports on the Arizona Society of CPAs' Arizona Department of Revenue Liaison luncheon today. Speaking at the lunch was Christie Comanita, Man...
ListenWin Some, Lose Some - An Analysis of Two Recent Cases from 2005-09-09T07:00
This week’s podcast deals with two recent cases, one a win for taxpayers and one a loss. You can download the material (which consists of the two cases) from Listen
Will That Be One Debt or Two? S Corporations, Shareholder Debt and Basis Detailed in Recent Tax Court Case from 2005-09-02T17:15
This week we look at a recent decision (Brooks v. Commissioner, TC Memo 2005-204) involving the impact of repaying S corporation debt during the year when, at the beginning of the year, t...
ListenTax Relief Available for Victims of Natural Disasters from 2005-09-01T01:33
Given the disaster that has taken place on the Gulf Coast with Hurricane Katrina and its aftermath, I’ve put together a quick and dirty summary of some of the tax issues involved in casualty los...
ListenDevelopments in the Dependency Exemption for Divorced Parents from 2005-08-26T16:00
Weekly podcast 12 dealing with children of divorced parents. A recent Tax Court Summary Opinion (Oman v. Commissioner, TC Summary Opinion 2005-110) poten...
ListenLet the Sun Shine In - Solar Energy Credits under the Energy Tax Incentives Act of 2005 from 2005-08-19T13:02
Weekly podcast 11, dealing with the solar energy provisions of the Energy Tax Incentives Act of 2005 and the related credits available under Arizona income tax law.
The Listen
Lunching on Arizona Tax Matters from 2005-08-19T00:29
Arizona Tax Update podcast report on the Arizona Society of CPAs Arizona Tax Liaison Committee luncheon today at the Phoenix Doubletree Guest Suites at the Ga...
ListenHome is Where the Power Goes--Energy Tax Incentives Beginning in 2006 Under the New Law from 2005-08-11T23:00
Podcast 10, produced and uploaded on a MacIntosh mini just for something different to do. This is the first of what I hope will be a set of three podcasts dealing with the Energy Bill that Pres...
ListenActivity Before Everyone Leaves Washington and the Saga of S Corporations and FICA from 2005-08-06T01:54
A general update on tax developments this week, including a summary on two new tax bills, two revenue rulings that were published, and a discussion of the IRS announcement of National Research P...
ListenWhat's Up Doc? Medical Reimbursement Plans from 2005-07-29T08:00
Postcast 8 on uninsured medical reimbursement plans--a structure that's not for everyone, but which is a perfect fit in the right situation.
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The $100,000 problem--Reportable and Listed Transactions from 2005-07-27T01:07
TaxUpdate goes Live! Podcast 007 dealing with reportable transactions and the penalty for failure to disclose added by last year's law.
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Employee Business Expenses and Accountable Plans (Fixed Audio) from 2005-07-24T12:49
Weekly show 6 dealing with employee business expenses and reimbursable plans per IRC Section 62(c). You should download the "...
ListenEmployee Business Expenses and Accountable Plans from 2005-07-22T22:00
Weekly show 6 dealing with employee business expenses and reimbursable plans per IRC §62(c). You should download the "handou...
ListenFirst Thoughts on Strangi II 5th Circuit Decision from 2005-07-18T22:39
Show 5.5 (not a weekly show--kind of a "special report").
This show presents a "first day" view of the Strangi d...
ListenSelf Employed Health Insurance Deduction from 2005-07-16T01:30
Show number 5. The self-employed health insurance deduction under IRC Section 162(l) is covered by this podcast. The information for the podcast is found at Listen
State Residency Issues on Fiduciary Returns from 2005-07-08T23:45
This week's "regular" podcast (assuming two weeks make this regular) deals with how three states determine if a trust or estate is a resident or nonresident entity, as well as containing a discussi...
ListenSpiffy Self-Employment Tax from 2005-07-05T20:02
Updated discussion of self-employment matters to cover matters raised by posters to Yahoo Groups' taxupdate discussion group. The IRS poster referenced is at: Listen
Self-Employment Tax and LLCs from 2005-07-02T16:00
The status of self-employment tax and limited liability companies. This a portion of a presented made at the Phoenix Tax Workshop. The Listen
Arizona Legislature Law Update from 2005-07-02T11:00
A summary of the tax laws passed and signed into law in the most recent Arizona legislature session, based on a summary presented to the Phoenix Tax Workshop. Yo...
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