The IRS’s Math Error Powers

Houston Tax Attorney

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With our tax system, taxpayers are generally required to file returns to tell the IRS how much tax is due. This is no easy task as the tax reporting process can be confusing. Errors happen. Congress has authorized the IRS to correct mathematical and clerical errors made on tax returns. The IRS’s CCA 129453-17 memorandum […]

The Sec. 179D Government-Owned Building Allocation

Houston Tax Attorney

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Section 179D provides an incentive for building owners to install energy efficient systems. The IRS released CCA 2018-005, which addresses one of the controversial aspects of Sec. 179D–namely, the ability for government building owners to allocate the deduction to the designer of the energy efficient property. About Section 179D Section 179D was enacted in 2005, […]

Use of Accounting Board Order in Criminal Tax Case

Houston Tax Attorney

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If an accountant is disciplined by the accounting board, can the discipline be used to increase his criminal sentence for tax fraud when the accounting board’s discipline did not prohibit or address fraud? The court addressed this in United States v. Iley, No. 17-1269 (10th Cir. 2019). Facts & Procedural History The defendant was a […]

How to Allocate Tax Basis for Real Estate

Houston Tax Attorney

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If you sell real estate, you pay tax on the gain. Gain is the product of the sales price less tax basis. Tax basis in turn is the amount invested in the property. But how do you calculate and then prove tax basis for buildings located on the property when you sell some but keep […]

Is Election to Waive NOL Carryback Irrevocable?

Houston Tax Attorney

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You have to be careful when electing to waive the right to carry back a net operating loss. This is particularly true if there are items on your tax returns from earlier years that the IRS may eventually adjust if audited. The Bea v. Commissioner, No. 18-10511 (11th Cir. 2019), case provides an example of […]

Research Tax Credit Records Must Be Kept for 40+ Years

Houston Tax Attorney

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A frequent question is how long one has to keep records for tax purposes. The United States v. Quebe, No. 3:15-cv-294 (S.D. Ohio 2019) case provides the answer for research tax credits. The answer is that you have to keep records that pre-date the formation of your business by twenty years and then you have […]

How to Correct Late Accounting Method Changes

Houston Tax Attorney

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A consistent mistake on a tax return for more than two years may require an accounting method change to correct. The IRS has procedures for making these elections, which generally require a timely filed tax return. But what if you miss the filing deadline–are you out of luck? Private Letter Ruling (“PLR”) 201850013 provides the […]