Taxes

A win is a win and the U.S. Second Circuit Court of Appeals handed one to John Larson, one of three defendants sentenced last year for selling illegal tax shelters. The Court “found Larson’s [$6 million] fine too high, citing a lack of jury findings to support a fine above $3 million. It returned that part of the case to the lower court to recalculate any fine.”

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And you thought the IRS was a bunch of cold SOBs.

To be fair, the Aussies are pretty bent out of shape over the long-running dispute over taxes owed on Mick’s $37+ million in earnings. Hogan has responded to all the Australian Taxation Office’s requests with a consistent “blow me” which probably hasn’t gone over to well Down Under.

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The battle between California and New York for the biggest fiscal shitshow has reached new heights as Albany seems to be going after New Yorkers where it really counts.

For many of you living in New York, grabbing a bagel at your local shop is part of the weekday morning routine. You walk in, wait in line, place the order, pay the total and get on with your day. It’s good to know that the one constant in your life is that the Ess-a-Bagel will charge you the same price for your sesame seed bagel with butter day after day after day.

Well! That constant, your rock, your consistently-priced doughy security blanket may soon be stripped away from you. The Journal reported yesterday that bagel chain Bruegger’s got the wrath of the New York Department of Taxation and Finance, demanding that owner Kenneth Greene start collecting “taxes on all bagels, except for those that remain intact and are consumed off premises,” and collected a ’significant’ sum of taxes owed.

Why, you ask? Because an obscure law on the books says that a sales tax is to be charged on “sliced or prepared bagels (with cream cheese or other toppings).” OH! And if you eat your everything with cream cheese and tomato in the shop, you’ll also be charged the tax.

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Every state, municipality, township and hamlet is desperate to close their budget gaps. With such desperation comes a flood of bad ideas that include taxes on everything from juggling to hot air balloon rides.

The Philadelphia City Paper ran a story last week about the $300 Business Privilege Tax that the city is imposing on bloggers, freelancers and other contractors since they are engaged in the activity for profit. Seemingly, another stupid idea.

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There is an immense body of law governing whether last-minute tax filings are timely. So often a cheap little postmark is all that stands between a taxpayer and tax catastrophe. With the IRS herding preparers and taxpayers towards e-filing, timely-mailed, timely-filed cases may seem like an arcane body of law, like piracy cases, but paper filing still has some proud hard-core holdouts, and sometimes only a paper filing will do. At the Tax Court, for example, where the website says “Initial filings, such as the petition, may be filed only in paper form.”

The tax law says that a tax return is considered timely-filed if it is mailed on the due date, but the shift to e-filing can make things awkward for paper filers. For example, few post offices still offer late April 15 hours for last-minute paper filers. Stepping into the last-minute filer void are authorized private carriers of tax documents, like FedEx and UPS. A proper shipping document by an authorized private carrier can document timely filing. That gives taxpayers new ways to meet disaster, as the Tax Court illustrated this week.

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Sayeth FreetaxUSA.com:

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Despite other pressing issues out there, such as, whether a Muslim community center is too closeto Ground Zero or if it’s just a religious revival of an old Burlington Coat factory, the matter of tax reform managed to creep back into the news late last week.

The President’s Economic Recovery Advisory Board plans on dropping some suggestions on fixing our tax system on August 27th. This comes after the getting suggestions from the American people but then stalling a little bit on the issue.

Now that some recommendations are scheduled to be made public the Journal suggests that the timing isn’t ideal for an election year but also mentions that while there’s going to be plenty of idea put out there, no real solutions are going to be recommended:

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A horrible fate must await an attorney when a judge has these things to say about him:

“Just because other accountants and professionals were doing something wrong does not excuse Defendant’s misconduct.”

“Defendant’s reasoning is so specious that he should have known it was wrong.”

“Defendant has been quite adept at hiding his involvement in these activities in an effort to develop what he believes is plausible deniability. Ultimately, his denials are implausible.”

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The house of worship in question. Source: CT/David Trotman-Wilkins

We’re a little late getting to this story but whatevs. George Michael of Lake Bluff, IL is suing the town and the Land of Lincoln after the tax exemption of his home was revoked.

You see, George has an extremely ill wife (who is also religious) and he turned his racquetball court into an Armenian Church so they could worship in the comfort of an extremely high ceiling with transparent back wall. His brother got ordained online to perform the services, and voilĂ ! A tax-exempt house of worship. At first, the Illinois Dept. of Rev. was cool with it but a judge wasn’t as accommodating, claiming that the Michaels are trying to dodge property taxes of $80k a year.

The Michaels took exception with this, arguing that Lake Bluff would prefer a more WASPy community and sued them claiming their lack of WASPyness. The Trib reports him saying, “I don’t think they want anything other than Anglo-Saxons in Lake Bluff.”

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An interesting idea from the Tax Foundation’s Blog today that comes by way of Nebraska State Senator Rich Pahls. TF reports that Senator Pahls plans on introducing legislation that would broaden the sales tax base that would, theoretically, lower income or property taxes. TF takes it slightly further than Senator Pahls and suggests that groceries should be included in this broadened base.

There are few states that already tax groceries: “Alabama, Arkansas (3%), Hawaii, Idaho, Illinois (1%), Kansas, Mississippi, Missouri (1.225%), Oklahoma, South Dakota, Tennessee (5.5%), Utah (1.75%), Virginia (1.5% + 1% local option tax), and West Virginia (5%),” and TF argues that more states could benefit from this policy:

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