Tax Relief Blog

Tax Controversy Services

February 18, 2008 | Mike Habib, EA

As you probably know by now, I specialize in representing individuals and businesses before the IRS and any taxing authority.

Mike Habib, EA

IRS strengthened enforcement policies, along with their new and complex tax regulations, makes it essential to properly plan for and manage IRS examinations or collections efforts in a proactive manner. Applying new dispute resolution procedures and best practices is critical to managing IRS examinations or collections, resolving disputes at the earliest point, and containing administrative and tax costs. The Tax Controversy services we offer are:

Wage Garnishment? Bank Levy? Save your paycheck and bank account

February 15, 2008 | Mike Habib, EA

Want to stop a wage levy or a bank levy? Read on….

Mike Habib, EA

If you have not noticed, the IRS is getting more aggressive in their collection, and audit activities. Enforcement actions is at its highest level for years now!

IRS Tax Audit due to Tax Return Preparer Fraud

February 15, 2008 | Mike Habib, EA

Tax Return Preparer Fraud

Since I recently represented an innocent couple who were victims of Tax Return Preparer Fraud, and successfully helped them in their audit, I thought you might be interested in the info below.

Per the IRS:

Economic Stimulus Rebate Check to be sent by the IRS

February 15, 2008 | Mike Habib, EA

In an effort to stimulate the economy, the recently-enacted Economic Stimulus Act of 2008 requires the U.S. Treasury to send rebate checks to eligible individuals.

Who qualifies for rebates, how they are calculated, and what, if anything extra, needs to be done to get one.

You’ve probably heard that the government is going to be sending rebate checks to most Americans in an effort to stimulate the economy. This letter explains, among other items, who gets rebates, how they are calculated, how higher income can reduce or eliminate a rebate, and what, if anything extra, you’ll need to do to get one.

Capital gain tax on disputed sale in shareholder’s forced buyout

February 14, 2008 | Mike Habib, EA

Tax problem with capital gain taxes, S Corp capital gain tax problem

Ninth Circuit holds that gain was recognized on disputed sale in shareholder’s forced buyout

Glenn Hightower v. Comm., (CA9 2/12/2008)

IRS gets tougher on VPFC variable prepaid forward contracts with share lending arrangements

February 13, 2008 | Mike Habib, EA

IRS gets tougher on variable prepaid forward contracts with share lending arrangements Variable Prepaid Forward Contracts Incorporating Share Lending Arrangements

An IRS coordinated issue paper for all industries concludes that variable prepaid forward contract (VPFC) transactions that incorporate a share lending or similar agreement permitting the counterparty to borrow or dispose of the pledged shares results in a current taxable sale of the underlying stock.

Observation: VPFCs are sophisticated tools used by wealthy individuals with large stock gains who want to cash out some of their shares but defer the tax until a later year.

IRS SFR Substitute For Return Unfiled Tax Returns Back Taxes Owed

February 13, 2008 | Mike Habib, EA

Final substitute return regs adopt temporary and proposed regs with one minor change
T.D. 9380, 2/12/2008; Reg. § 301.6020-1

Mike Habib, EA

In 2005, IRS issued temporary (also issued as proposed regs) that broadened the scope of when IRS-prepared substitute returns (SFR) are valid. Specifically, the temporary regs provide that a document or set of documents (including a Form 13496, Code Sec. 6020(b) Certification) signed by an authorized IRS officer or employee is a “return” under Code Sec. 6020(b) if it identifies the taxpayer by name and taxpayer identification number, contains sufficient information to compute his tax liability, and purports to be a return. IRS has now adopted the temporary and proposed regs as final regs with one minor change.

Tax Court found that it could hear challenge to frivolous return penalty before rejecting summary judgment in favor of IRS

February 8, 2008 | Mike Habib, EA

IRS tax problem, IRS penalty, IRS Tax court ruling in favor of taxpayer

Tax Court found that it could hear challenge to frivolous return penalty before rejecting summary judgment in favor of IRS

Callahan (2008), 130 TC No. 3

IRS targets tool reimbursement plans that recharacterize wages

February 8, 2008 | Mike Habib, EA

IRS targets tool reimbursement plans that recharacterize wages
Employee Tool & Equipment Alert

on IRS’s website https://www.irs.gov/businesses/article/0,,id=178028,00.html

IRS has established a cross divisional team to address significant concerns with employee tool and equipment plans that purport to be valid accountable plans. Taxpayers that are considering implementing these plans, which are widely marketed to various industries, including the automotive, heavy equipment, construction, aircraft maintenance, agriculture, and other industries, are cautioned to be wary of them.

Foreign nationals, non US citizens with IRS filings, dealing, or tax problems facing non US citizens and foreign national

February 8, 2008 | Mike Habib, EA

Changes made to Form 1042-S (Foreign Person’s U.S. Source Income Subject to Withholding)

Mike Habib, EA

The IRS has made some changes to the electronic/magnetic media filing procedures for 2007 Form 1042-S, Foreign Person’s U.S. Source Income Subject to Withholding, and also released the 2008 version of the form. Form 1042-S is filed by withholding agents to report amounts paid to foreign persons (including persons presumed to be foreign) that are subject to U.S. withholding, even if: (1) no amount is deducted and withheld from the payment because of a treaty or Internal Revenue Code exception to taxation, or (2) the amount withheld was repaid to the payee. Amounts subject to reporting include, but are not limited to, the following U.S.-source items: (i) compensation for independent or dependent personal services performed in the U.S., (ii) compensation for personal services performed in the U.S. by students, teachers, and researchers, and (iii) amounts paid to foreign students, trainees, teachers, or researchers as scholarship or fellowship income, except that amounts exempt under IRC §117 are not subject to reporting. An item that is required to be reported on Forms W-2 or 1099 should not be reported on Form 1042-S.