Does the IRS Celebrate Christmas?

Posted by Wetenkamp on with 0 Comment

IRS employees are given a paid day or two off around Christmastime, so we know that the IRS observes Christmas in that manner.  The US Office of Personnel Management (www.opm.gov) is the official source for federal holidays, and this year, for most federal government agencies, Christmas will be observed on Monday, December 26th.  But what about any other official IRS references to Christmas?

I was curious, so I searched for the term on the IRS website and there were 119 search results.  Here’s what I found:

  1. references to Christmas Island, a territory of Australia in the Indian Ocean
  2. references to the deduction of expenses related to Christmas Tree cultivation in the Farmer’s Tax Guide (Publication 225)
  3. references to an oil industry term (“Christmas Tree“) used to describe “an assembly of valves mounted on the casinghead through which a well is produced”
  4. old references to “Christmas in April” foundations that had lost their non-profit status
  5. references to various business names that include the word “Christmas”
  6. various references to the service’s observation of the federal holiday

So, there are no substantive references or discussions of Christmas on the IRS website.  I suppose that is as it should be.

www.mwattorneys.com

Avoid Calling the IRS in December

Posted by Wetenkamp on with 0 Comment

December is by far the worst time to try to communicate with the IRS about your tax debt.

The Second-Stringers

I have not noticed that the telephone wait times are much different in December. Perhaps there are more IRS representatives taking vacation in December, but many practitioners and taxpayers do the same — so increased phone traffic is not normally an issue. The IRS does a fairly good job replacing the vacationers, but I have usually found the quality of their replacements to be lacking.  If you call the IRS in December (especially late December) then there is a good chance you will be dealing with a new, inexperienced IRS agent (a “second-stringer”). Of course, a tax relief attorney will know how to use that inexperience to the taxpayer’s advantage.

IRS Computer Maintenance

The IRS information technology staff takes advantage of the holidays to do routine maintenance on IRS computer systems. And they like to get a jump on things. So, if they tell you that everything is going to be shut down on Friday in observance of Christmas, then chances are they will be up and down all day on Wednesday and completely offline by early afternoon on Thursday.

If you get through to a representative who tells you their computers have been up and down, then it might be best to put off the call for another day if possible. The problem is that you will get partway through your call and everything the representative did will be lost when the computer goes down, and you’ll have to start over again.

If you have a tax issue that can’t wait until after the holidays, it is best to enlist the help of a qualified and experienced tax professional.

www.mwattorneys.com

Deal Finally Struck on Payroll Tax Cut Extension

Posted by Wetenkamp on with 0 Comment

It appears that Congress will be able to go home for Christmas after all. They finally struck a deal in Washington and narrowly avoided an automatic increase in the payroll tax rate.

House Republicans, under severe pressure from the White House, have agreed to the temporary two-month extension of the payroll tax cut that just days ago they killed, saying it was not good enough. Well, they are still saying it is not good enough, but they really had no choice but to pass this temporary measure.  The trade-off?  A conference committee will be appointed to convene in early January to work out a more permanent deal and the possibility of more permanent tax relief.

The stop-gap measure will still include the controversial Keystone pipeline project.

As part of this bill, unemployment benefits will also be extended for two months.

According to House Speaker John Boehner, the agreement should be voted on by unanimous consent before Christmas.

www.mwattorneys.com

Hot off the Press: New IRS Publication 17

Posted by Wetenkamp on with 0 Comment

IRS Publication 17 contains a whole host of information on filing your 2011 individual federal income taxes. It is the number one source for basic tax filing information, especially handy for those who plan on filing their taxes themselves (without hiring professional help). This publication has been around for over 60 years, but was recently updated for the 2012 filing season.  In a nutshell, Pub 17 covers the topics of Income, figuring you income, deductions, and credits.  But there is also information on taxpayer rights and how to obtain tax relief if you cannot pay what you owe.

But wait, before you click on the link and hit “Print,” you should be aware that this is a lengthy document.  The index alone is over 20 pages long.  The total page count is just over 300, so you’d be better off just saving the link. Besides, if you print it then you lose some of its functionality — Pub 17, in its electronic form, is full of links that (1) help you navigate those 300 pages quickly, (2) help you find additional information on key topics, and (3) take you to other forms and publications you may need when preparing your 2011 taxes.

Preparing your taxes yourself is not always the right choice for everyone. But if you do, you should definitely consider reading Pub 17 or at least keep it on hand as a reference tool.

www.mwattorneys.com

Time is Running Out on the Payroll Tax Extension

Posted by Wetenkamp on with 0 Comment

Further payroll tax relief may have to wait.  Most Americans who have been following the story probably thought a two-month extension of the payroll tax cut was the best that could be arranged for now and it was a done deal.  In fact, after the Senate approved the measure on Saturday, they left Washington for their holiday break.  But not so fast — it still had to get past the House in today’s vote . . . and it didn’t.

Today the House voted 229-193 in opposition to the two-month extension.  This has the effect of kicking the measure back to the Senate, but Senate Majority Leader, Harry Reid, refuses to continue negotiations on a long-term deal until the House approves the preliminary one.  Here is the way he spins it:

I have been trying to negotiate a yearlong extension with Republicans for weeks, and I am happy to continue doing so as soon as the House of Representatives passes the bipartisan compromise to protect middle-class families, but not before then.

~ Senate Majority leader Harry Reid, D-Nev

If something isn’t done before the end of the year, then the payroll taxes will go up by 2 percentage points in January and nearly 2 million people could lose unemployment benefits.

www.mwattorneys.com

Another Co-conspirator in the Madoff Scheme

Posted by Wetenkamp on with 0 Comment

Today Enrica Cotellessa-Pitz, Bernie Madoff’s former controller, pleaded guilty to conspiracy, falsifying books and records, and making false filings with the Securities and Exchange Commission. She could spend up to 50 years in prison.

Cotellessa-Pitz said she started working at Bernard L. Madoff Investment Securities LLC in 1978 while she was studying economics in college. She was named controller in late 1998. She said Madoff and others within months were directing her to put false entries in the company’s books to make it appear profitable trades were being made and that losses were not incurred.

~ LARRY NEUMEISTER, The Associated Press

She also helped Madoff’s organization reduce its tax liabilities by underreporting income to the IRS. Madoff’s own 2004 tax return was audited when he underreported by millions of dollars. And then when faced with audits, Cotellessa-Pitz perpetuated the fraud by providing false information to the SEC and the IRS.

www.mwattorneys.com

Long-term Payroll Tax Cut Decisions Postponed

Posted by Wetenkamp on with 0 Comment

The Senate approved a mere two-month extension of the payroll tax cut today, which still has to get through the House.

Senate approved a $33 billion package to extend unemployment benefits, extend a payroll tax holiday for millions of American workers and avoid cuts in payments to doctors who accept Medicare.  The measure is effective through February, when Congress will once again be locked in battle over whether and how to further extend those provisions.

~ Jennifer Steinhauer, New York Times

The agreement includes the Keystone XL legislation that Obama previously said he would veto. Today’s news is infuriating for many because it seems like despite all the battling and negotiating in Congress, nothing meaningful was accomplished.

www.mwattorneys.com

IRS Tips: Charitable Contributions

Posted by Wetenkamp on with 0 Comment

Assuming anybody has any money to give this year, the IRS offers the following advice on claiming deductions for charitable giving:

  • If you want the deduction count on your 2011 taxes, then you have to make the contribution before the end of the year.
  • The organization you donate to must be a qualified organization — confirm using IRS Publication 78.
  • Charitable contributions are only deductible if you itemize, not if you take the standard deduction.
  • Keep good records and save donation receipts.
  • You may need to complete Form 8283 for non-cash contributions

As always, the best, most comprehensive source of information is the IRS publication on the topic.  For more information related to charitable contributions, see Publication 526 (available on the IRS website).

www.mwattorneys.com

Does the IRS View Marion Barry as a “Special Circumstance”?

Posted by Wetenkamp on with 0 Comment

Former D.C. mayor, Marion Barry, is in the news today because of a lien that the IRS filed against him in connection with a measly $3,200 in unpaid 2010 taxes.

Remember back in February of this year when the IRS announced it was going to provide taxpayers with special tax relief during these trying financial times? The IRS dubbed it the “Fresh Start” initiative. Remember when I blogged in June about the uncertainties of the program and how the IRS still had not clarified some major points? Remember what I said about the new lien filing procedures; how the lien filing threshold was reduced from $10,000 to $5,000 in most cases? According to the IRS website:

The Fresh Start changes increase the IRS lien filing threshold from $5,000 to $10,000. Liens may still be filed on amounts less than $10,000 when circumstances warrant. (emphasis added)

 

So, why did the IRS file a lien if the balance is under $5,000? Well, it appears that Barry’s 2010 liability is only the tip of the iceberg. He still owes for prior years, for which he is on an installment agreement in good standing, according to Barry’s official statement. It appears that the IRS will be looking at the overall balance in determining whether to file a lien, even under Fresh Start. At least that’s one possible explanation. The other possibility is that the IRS would have filed a lien on Barry even if $3,200 were all he owed . . . because circumstances warrant it. Let’s face it, he’s a public figure sitting on a Finance Committee in D.C, in charge of public funds, and he has a colorful history of corruption and tax delinquencies. If that isn’t a special circumstance, then I don’t know what is.

www.mwattorneys.com

Christmas Carolers Banished from Post Office

Posted by Wetenkamp on with 0 Comment

Just in case you were considering the local post office as one of the stops on your caroling route this year, think again.  It would be a violation of USPS rules.

A group of carolers dressed as characters from the classic tale A Christmas Carol popped into a post office in Silver Springs (Montgomery county) Maryland recently and were told to leave by a manager. And there was no indication they were singing off-key. It’s just that the USPS does not permit public assembly inside any of its branches. In the words of USPS spokesperson, Laura Dvorak:

[T]he carolers . . . were in violation of the Postal Service’s rules on public assembly and public address. Inside the post office, however, the expectation is that public assembly will be either conducted or sponsored by the Postal Service.

This has caused quite a bit of stir on the Internet in the past few days. Some groups say this is all part of a larger scheme to de-emphasize Christmas and eliminate “anything remotely connected to anything religious” during the holidays (a.k.a., the “war on Christmas”) despite all the Christmasy — even religious-themed — stamps available this time of year.

www.mwattorneys.com