Monthly Archives: June 2013

WRITTEN SEPARATION AGREEMENT REQUIRES EVIDENCE OF “MEETING OF MINDS” (AN AGREEMENT) FOR ALIMONY DEDUCTION

Posted on June 14, 2013 by taxpenaltylawyer

One of the requirements for a cash payment to be treated as alimony under Section 71(b) (1) is that it generally be paid pursuant to a divorce decree or decree of separate maintenance(or written instrument incident to the decree such … Continue reading →

Posted in ALIMONY, DIVORCE, TAX | Tagged , , , , | Leave a comment

MORE ON TAX IDENTITY THEFT

Posted on June 5, 2013 by taxpenaltylawyer

A Wall Street Journal Article of April 12, 2013 by Laura Saunders summarized some startling facts about Tax ID theft, namely: Through that date in 2012, IRS had identified 1.8 million tax-related ID thefts.  This quadruples the number identified in 2010. IRS has responded … Continue reading →

Posted in IDENTITY THEFT, TAX | Tagged , , , , | 1 Comment

WHAT CONDUCT WILL TRIGGER THE 75% CIVIL FRAUD PENALTY OF IRC SECTION 6663?

Posted on June 4, 2013 by taxpenaltylawyer

 In Ward v. Commissioner, T.C. Memo. 2013-133 (May 29, 2013), Mr. Ward sought redetermination of an IRS proposed deficiency on a number of grounds. This post addresses only his disputation of the civil fraud penalty proposed.  Judge Kerrigan’s decision contains … Continue reading →

Posted in COMPLIANCE, DELINQUENT RETURN, TAX | Tagged , , , , , | Leave a comment

IRS FIRST TIME ABATE POLICY PROVIDES PENALTY RELIEF IN CERTAIN SITUATIONS

Posted on June 1, 2013 by taxpenaltylawyer

The IRS today clarified its policy with regard to abatement of certain penalties for first time offenders.  The policy was modified to clarify that relief applies only where the taxpayer is current with all tax filings and tax payments. See IRM … Continue reading →

Posted in COMPLIANCE, DELINQUENT RETURN, EMPLOYMENT TAXES, IRS COLLECTIONS, POLICY, RETURNS, TAX, TRUST FUND PENALTY, UNFILED RETURNS | Tagged , , , , , , , | 6 Comments