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    <title>Fort Worth Tax Law Attorneys Blog</title>
    <link rel="alternate" type="text/html" href="http://www.browntax.com/blog/" />
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    <id>tag:www.browntax.com,2009-12-03:/blog/11297</id>
    <updated>2012-05-14T23:03:06Z</updated>
    <subtitle>Tax law blog for Brown, PC, in Fort Worth, Texas. We have the experience to help. Call 817-870-0025 or 888-870-0025 (toll free) for more info.</subtitle>
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<entry>
    <title>Fresh Start: Texas Business Tax Amnesty Due to Begin June 12 </title>
    <link rel="alternate" type="text/html" href="http://www.browntax.com/blog/2012/05/fresh-start-texas-business-tax-amnesty-due-to-begin-june-12.shtml" />
    <id>tag:www.browntax.com,2012:/blog//11297.246656</id>

    <published>2012-05-14T23:01:03Z</published>
    <updated>2012-05-14T23:03:06Z</updated>

    <summary>about to get a chance to clear those issues up without having to pay a penalty. The opportunity comes through the state&apos;s Fresh Start amnesty program, which is scheduled to run from June 12 to August 17 of this year....</summary>
    <author>
        <name>Brown, PC</name>
        <uri>http://www.browntax.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=11297&amp;id=1587</uri>
    </author>
    
        <category term="State and local taxes" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="amnestyperiod" label="Amnesty Period" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="freshstart" label="Fresh Start" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="businesstax" label="business tax" scheme="http://www.sixapart.com/ns/types#tag" />
    
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        <![CDATA[<p>about to get a chance to clear those issues up without having to pay a penalty. The opportunity comes through the state's Fresh Start amnesty program, which is scheduled to run from June 12 to August 17 of this year.</p>
<p><a href="http://www.browntax.com/State-and-Local-Tax-Practice/">Texas state and local tax</a> issues can come in several different forms for businesses. One is when your business did not file a tax report at all. Another is if you underreported your tax on a report you filed previously.</p>
<p>The Fresh Start program applies to either of these possibilities. It could also apply in cases where a permit is necessary for reporting and remitting taxes in Texas. It applies to several different types of state or local taxes, including sales tax and franchise tax.</p>
<p>The program does not apply to every single tax issue. For example, it doesn't apply to past filing periods that are already under audit or examination. It also doesn't apply where the Texas comptroller has notified a taxpayer of an audit or examination.</p>
<p>In this sense, the amnesty is limited. It applies only to tax reports that were originally due prior to April 1, 2012. And it only applies between June 12 and August 17 of this year.</p>]]>
        <![CDATA[<p>During that period, the Texas Comptroller of Public Accounts is authorized to waive penalties and accumulated interest for Texas businesses that take the required steps. Those steps involve filing delinquent tax reports or amending past reports that underreported taxes. Taxpayers must also pay any amounts that are due.</p>
<p>The State of Texas has good reason to believe the program will be successful at raising revenue. A similar program in 2007 generated about $100 million in payments of back taxes.</p>
<p>Source: "<a href="http://www.yourhoustonnews.com/pasadena/news/does-your-business-need-a-fresh-start-texas-comptroller-announces/article_d0621716-6eda-11e1-80c4-0019bb2963f4.html">Does your business need a fresh start? Texas comptroller announces tax amnesty program</a>," Pasadena Citizen, 3-15-12</p>]]>
    </content>
</entry>

<entry>
    <title>IRS Audits: Many Factors Affect Likelihood</title>
    <link rel="alternate" type="text/html" href="http://www.browntax.com/blog/2012/05/irs-audits-many-factors-affect-likelihood.shtml" />
    <id>tag:www.browntax.com,2012:/blog//11297.243163</id>

    <published>2012-05-08T15:26:14Z</published>
    <updated>2012-05-08T15:28:09Z</updated>

    <summary>The IRS does not operate in a vacuum. The agency is affected by political pressure to cut the federal budget, and for the second straight year has less money to do its work. IRS audits may be affected by the...</summary>
    <author>
        <name>Brown, PC</name>
        <uri>http://www.browntax.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=11297&amp;id=13076</uri>
    </author>
    
        <category term="Audits" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="irs" label="IRS" scheme="http://www.sixapart.com/ns/types#tag" />
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    <content type="html" xml:lang="en-us" xml:base="http://www.browntax.com/blog/">
        <![CDATA[<p>The IRS does not operate in a vacuum. The agency is affected by political pressure to cut the federal budget, and for the second straight year has less money to do its work.</p>
<p><a href="http://www.browntax.com/IRS-Audits-and-Appeals/">IRS audits</a> may be affected by the reduction in the agency's budget of about 2 percent compared to last year. Partly as a result of this, the overall audit rate for individuals may drop below one percent for the first time in six years.</p>
<p>Of course, the IRS has ways to try to make do with fewer resources. For one thing, it tends to target higher income taxpayers for audits at a higher rate than those with lower income.</p>
<p>And then there is the use of technology. According to IRS Deputy Commissioner Steven Miller, the agency puts tax returns through a computer program in an attempt to spot returns that raise potential issues.</p>
<p>One aspect of this electronic screening involves assigning returns to "tolerance levels." These levels are based on dollar values or other measurements that the IRS programs into its computers to trigger potential audits.</p>
<p>In practice, what this means is that if a given tax return's financial reporting falls within the tolerance level, a manual review of the return is less likely.</p>]]>
        <![CDATA[<p>In a 2008 report, the Treasury Inspector General for Tax Administration showed that the IRS had not used sufficient empirical data to set the tolerance levels - nor had the agency tested their effectiveness.</p>
<p>The IRS says that the protocols for the use of tolerance levels are not checked over annually. But clearly the agency cannot put everything on autopilot.</p>
<p>Source": "<a href="http://www.usatoday.com/money/perfi/taxes/story/2012-04-02/IRS-examinations/54180938/1">IRS audits may dip this year because of staffing shifts</a>," Kevin McCoy, USA Today, 4-11-12</p>]]>
    </content>
</entry>

<entry>
    <title>U.S. Tax Court Lags Behind on Online Access</title>
    <link rel="alternate" type="text/html" href="http://www.browntax.com/blog/2012/04/us-tax-court-lags-behind-on-online-access.shtml" />
    <id>tag:www.browntax.com,2012:/blog//11297.239675</id>

    <published>2012-04-30T22:28:00Z</published>
    <updated>2012-04-30T22:33:00Z</updated>

    <summary>Most Americans are familiar with the U.S. Supreme Court, in at least a general way. That is not the case, however, with the U.S. Tax Court. If you haven&apos;t been involved in tax litigation, you may scarcely be aware of...</summary>
    <author>
        <name>Brown, PC</name>
        <uri>http://www.browntax.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=11297&amp;id=13076</uri>
    </author>
    
        <category term="IRS" scheme="http://www.sixapart.com/ns/types#category" />
    
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    <content type="html" xml:lang="en-us" xml:base="http://www.browntax.com/blog/">
        <![CDATA[<p>Most Americans are familiar with the U.S. Supreme Court, in at least a general way. That is not the case, however, with the U.S. Tax Court.</p>
<p>If you haven't been involved in <a href="http://www.browntax.com/Tax-Litigation/">tax litigation</a>, you may scarcely be aware of the Tax Court. But if you do find yourself in a dispute with the IRS, you will quickly become aware of the court's key role. You may also become concerned about the difficulty of gaining access to it.</p>
<p>The court's cases range from disputes about the applicability of the "innocent spouse" rule to multi-million dollar cases affecting huge corporations. About three fourths of the cases involve individual taxpayers.</p>
<p>Many taxpayer advocates believe that the Tax Court should strive to make as much of its work as possible accessible online. After all, with so much at stake, the administration of justice must be seen to be as fair and transparent as possible.</p>]]>
        <![CDATA[<p>The Tax Court does make its orders and opinions available electronically. But it does not make documents that were filed as part of the proceedings similarly available. To see those documents, the process slows virtually to a halt.</p>
<p>There are currently only two options, neither of them efficient. The first is travelling to the court's offices in Washington, off of I-395. The other is to request the documents in writing.</p>
<p>The drawbacks to either of these approaches are obvious. Moreover, such documents are available online for other federal courts through a service called PACER run by the Administrative Office of the Courts.</p>
<p>Source: "<a href="http://www.reuters.com/article/2012/04/25/us-usa-tax-taxcourt-idUSBRE83O05P20120425">Powerful but obscure Tax Court lags on access</a>," Kim Dixon, Reuters, 4-25-12</p>]]>
    </content>
</entry>

<entry>
    <title>Proposed Tax Collection Technique Would Allow Pulling Passports</title>
    <link rel="alternate" type="text/html" href="http://www.browntax.com/blog/2012/04/proposed-tax-collection-technique-would-allow-pulling-passports.shtml" />
    <id>tag:www.browntax.com,2012:/blog//11297.236795</id>

    <published>2012-04-25T17:36:22Z</published>
    <updated>2012-04-25T17:39:55Z</updated>

    <summary>Can the government restrict your right to travel out of country, just because you have a dispute with the IRS about tax collection? IRS collection tactics are often aggressive. But a proposed bill in Congress would expand the agency&apos;s authority...</summary>
    <author>
        <name>Brown, PC</name>
        <uri>http://www.browntax.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=11297&amp;id=13076</uri>
    </author>
    
        <category term="IRS tax collection" scheme="http://www.sixapart.com/ns/types#category" />
    
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    <content type="html" xml:lang="en-us" xml:base="http://www.browntax.com/blog/">
        <![CDATA[<p>Can the government restrict your right to travel out of country, just because you have a dispute with the IRS about tax collection?</p>
<p><a href="http://www.browntax.com/IRS-Collection-Matters/">IRS collection</a> tactics are often aggressive. But a proposed bill in Congress would expand the agency's authority even further. If the bill is passed and signed by the president, it would enable the federal government to pull passports from people who have unpaid taxes.</p>
<p>As currently written, the proposed bill would do allow this even if someone with unpaid taxes has not been charged with tax evasion - or any other crime.</p>
<p>The bill in question is actually part of a much larger body of legislation regarding the authorization of federal funds for highway projects and transportation programs. The larger legislation is called the Moving Ahead for Progress in the 21<sup>st</sup> Century Act, or MAP-21 for short.</p>
<p>One provision of the MAP-21 proposal would grant the State Department the power to "deny, revoke or limit" passports rights for certain taxpayers. Under the proposal, those rights could be limited for taxpayers with "serious delinquencies."</p>]]>
        <![CDATA[<p>The threshold amount to trigger application of the proposed law would be $50,000 in back taxes.</p>
<p>If the proposal were to become law, the IRS would be allowed to send the names of people who owe back taxes to the passport office. Their passports could be suspended, as long as the IRS had already taken steps to collect the back taxes through a tax lien or tax levy.</p>
<p>The proposed bill contains only a few exceptions, such as for taxpayers who have set up payment plans.</p>
<p>Source: "<a href="http://www.theatlantic.com/business/archive/2012/04/no-taxes-no-travel-why-the-irs-wants-the-right-to-seize-your-passport/255940/">No Taxes, No Travel: Why the IRS Wants the Right to Seize Your Passport</a>," Jacoba Christ, the Atlantic," 4-17-12</p>]]>
    </content>
</entry>

<entry>
    <title>Foreign Bank Accounts: To Close or Not to Close?</title>
    <link rel="alternate" type="text/html" href="http://www.browntax.com/blog/2012/04/foreign-bank-accounts-to-close-or-not-to-close.shtml" />
    <id>tag:www.browntax.com,2012:/blog//11297.232135</id>

    <published>2012-04-16T22:17:22Z</published>
    <updated>2012-04-16T22:18:55Z</updated>

    <summary>Life, as the saying goes, is full of choices. For holders of foreign bank accounts, those choices continue to require up-to-date information and an awareness of effective tax strategy. Offshore account enforcement is a key area of emphasis for the...</summary>
    <author>
        <name>Brown, PC</name>
        <uri>http://www.browntax.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=11297&amp;id=1587</uri>
    </author>
    
        <category term="Offshore Accounts/International Tax Disputes" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="fatca" label="FATCA" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="fbar" label="FBAR" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="ovdi" label="OVDI" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.browntax.com/blog/">
        <![CDATA[<p>Life, as the saying goes, is full of choices. For holders of <a href="http://www.browntax.com/Offshore-Account-Enforcement/">foreign bank accounts</a>, those choices continue to require up-to-date information and an awareness of effective tax strategy.</p>
<p>Offshore account enforcement is a key area of emphasis for the IRS. The agency recently joined with European countries in an agreement to crack down on tax evasion and implement the Foreign Account Tax Compliance Act (FATCA).</p>
<p>The IRS is also poised to scrutinize FBAR filings - the statements required for Report of Foreign Bank and Financial Accounts.</p>
<p>So if you have a foreign account that is not in compliance with these stringent requirements, what should you do? Should you close it? Or would it make more sense to take advantage of the voluntary disclosure program offered by the IRS?</p>
<p>Keep in mind that closing a foreign account that carries past income and reporting obligations doesn't necessarily settle the matter. In fact, those obligations even exist for this year, up until the date that you actually close the account.</p>
<p>To be sure, these past reporting requirements don't carry on indefinitely. But they may remain valid for up to six years - and that's a long time.</p>]]>
        <![CDATA[<p>Closing an account without disclosing it to the IRS could also potentially trigger criminal charges for tax evasion. Keeping the account and not disclosing it could have this effect as well.</p>
<p>But the voluntary disclosure program offered by the IRS has drawbacks too. For one thing, you're looking at a penalty of 27.5 percent of your highest account balance. On a large account, that is a considerable chunk of change.</p>
<p>In short, decisions about foreign accounts are complex and should be carefully weighed.</p>
<p>Source: "<a href="/mt-bin/Title%20of%20resource%20article:%20">Is Closing Foreign Bank Accounts An Alternative to Disclosure</a>?" Robert W. Wood, Forbes, 4-7-12</p>]]>
    </content>
</entry>

<entry>
    <title>IRS Audits Could be Eased by Video Conferencing</title>
    <link rel="alternate" type="text/html" href="http://www.browntax.com/blog/2012/04/irs-audits-could-be-eased-by-video-conferencing.shtml" />
    <id>tag:www.browntax.com,2012:/blog//11297.227900</id>

    <published>2012-04-09T22:01:15Z</published>
    <updated>2012-04-09T22:03:13Z</updated>

    <summary>The IRS is supposed to be accessible to taxpayers. That is why the agency&apos;s Taxpayer Advocate service is starting to conduct a pilot project on the use of teleconferences between case workers and taxpayers who have questions. IRS audits are...</summary>
    <author>
        <name>Brown, PC</name>
        <uri>http://www.browntax.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=11297&amp;id=13076</uri>
    </author>
    
        <category term="Audits" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="irsaudit" label="IRS Audit" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="correxams" label="corr-exams" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.browntax.com/blog/">
        <![CDATA[<p>The IRS is supposed to be accessible to taxpayers. That is why the agency's Taxpayer Advocate service is starting to conduct a pilot project on the use of teleconferences between case workers and taxpayers who have questions.</p>
<p><a href="http://www.browntax.com/IRS-Audits-and-Appeals/">IRS audits</a> are another possible forum for videoconferences. Nina Olson, the National Taxpayer Advocate, has recommended that the agency develop the technological capacity to offer "virtual face-to-face audits" in the near future.</p>
<p>The need for such a service is made more compelling by ongoing problems with the process for correspondence-based exams. The IRS has been increasingly using the corr-exam procedure, despite the fact that taxpayers are much less likely to respond to it than to an audit notice.</p>
<p>The lack of response to corr exam notices is often due to the confusing nature of the notice - not to taxpayer indifference about the outcome.</p>
<p>The Taxpayer Advocate is firmly opposed to wide usage of corr exams. She argues that too often they can become an "unnavigable labyrinth" for taxpayers.</p>]]>
        <![CDATA[<p>Instead of a daunting labyrinth, taxpayers with issues to resolve deserve a more transparent process. Through more effective use of technology, a face-to-face audit via a video conference can make such transparency possible.</p>
<p>The Taxpayer Advocate Service (TAS) at the IRS has already initiated a pilot test of this type of videoconferencing. Among 75 regional offices around the country, the TAS has chosen the Jacksonville, Florida, office for the test.</p>
<p>With an IRS commitment to making it work, video technology has the potential to transform the way the agency relates to taxpayers.</p>
<p>Source: "<a href="http://www.accountingtoday.com/news/IRS-Audits-Videoconference-62268-1.html">IRS May Allow Virtual Face-to-Face Audits via Videoconference</a>," Michael Cohn, Accounting Today, 4-4-12</p>]]>
    </content>
</entry>

<entry>
    <title>Audit Shows IRS Often Lacked Proper Proof on Employee Screening Procedures</title>
    <link rel="alternate" type="text/html" href="http://www.browntax.com/blog/2012/04/audit-shows-irs-often-lacked-proper-proof-on-employee-screening-procedures.shtml" />
    <id>tag:www.browntax.com,2012:/blog//11297.225216</id>

    <published>2012-04-03T22:26:41Z</published>
    <updated>2012-04-03T22:33:21Z</updated>

    <summary>It&apos;s no secret that dealing with the IRS is best done with plenty of documentation. To protect yourself against an audit, or to handle one if it occurs, it&apos;s helpful to have your tax records in good order. When you...</summary>
    <author>
        <name>Brown, PC</name>
        <uri>http://www.browntax.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=11297&amp;id=13076</uri>
    </author>
    
        <category term="IRS" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="backgroundchecks" label="background checks" scheme="http://www.sixapart.com/ns/types#tag" />
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    <content type="html" xml:lang="en-us" xml:base="http://www.browntax.com/blog/">
        <![CDATA[<p>It's no secret that dealing with the IRS is best done with plenty of documentation. To protect yourself against an audit, or to handle one if it occurs, it's helpful to have your tax records in good order.</p>
<p>When you do, <a href="http://www.browntax.com/IRS-Audits-and-Appeals/">IRS audits</a> are much more manageable.</p>
<p>So you'd think that the agency itself would follow through on its own internal procedures. But according to an audit of the IRS released last month, the agency frequently lacked proof that people hired as IRS employees had been properly investigated for truthfulness and possible security issues.</p>
<p>The audit of IRS employee-screening procedures was done by the Treasury Inspector General for Tax Administration. The inspector found that in 507 of the 662 hiring actions under review, the IRS employment office did not have records to show that proper background checks had been conducted.</p>
<p>The regulations on the books say that job applicants to the IRS must submit to a rigorous screening process. This is supposed to include fingerprint checks using FBI records, for example, as well as verification that the applicant has fulfilled his or her tax obligations in the previous three years.</p>]]>
        <![CDATA[<p>The audit found that these regulations were not uniformly followed in the four employment centers examined in the audit. Two of the centers lacked fingerprint and other records in about three-fourths of the cases under review.</p>
<p>Clearly the IRS must do a better job with its own record keeping, particularly regarding the hiring process for employees who will be trusted with sensitive and confidential financial data.</p>
<p>Source: "<a href="http://www.washingtonpost.com/blogs/federal-eye/post/irs-employee-screening-records-found-lacking/2012/03/19/gIQAQEciNS_blog.html">IRS employee-screening records found lacking</a>," Eric Yoder, Washington Post, 3-20-12</p>]]>
    </content>
</entry>

<entry>
    <title>Chance of IRS Audit Varies by Income Level</title>
    <link rel="alternate" type="text/html" href="http://www.browntax.com/blog/2012/03/chance-of-irs-audit-varies-by-income-level.shtml" />
    <id>tag:www.browntax.com,2012:/blog//11297.221687</id>

    <published>2012-03-27T16:17:11Z</published>
    <updated>2012-03-27T16:19:09Z</updated>

    <summary>A basic principle of the tax collection system should be fairness. For the system to work, people of all income levels -rich, poor and middle class alike - should get equal treatment from the IRS. And yet IRS audits are...</summary>
    <author>
        <name>Brown, PC</name>
        <uri>http://www.browntax.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=11297&amp;id=13076</uri>
    </author>
    
        <category term="Audits" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="irs" label="IRS" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="offshoreaccounts" label="Offshore Accounts" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.browntax.com/blog/">
        <![CDATA[<p>A basic principle of the tax collection system should be fairness. For the system to work, people of all income levels -rich, poor and middle class alike - should get equal treatment from the IRS.</p>
<p>And yet <a href="http://www.browntax.com/IRS-Audits-and-Appeals/">IRS audits</a> are very much skewed toward higher income taxpayers.</p>
<p>That is what the evidence shows. Overall, 1.1 percent of taxpayers were audited in 2011. But the rate of audits varied widely by income level. To be more precise, the rate gets higher for each level of income over $100,000.</p>
<p>For taxpayers with adjusted gross income between $100,000 and $200,000, the IRS audited 1.0 percent of returns last year. The audit rate for incomes between $200,000 and $500,000 was 2.7 percent and between $500,000 and $1 million it was 5.3 percent.</p>
<p>For those with incomes over $1 million, it was even higher. For taxpayers with incomes from $1 million to $5 million, the audit rate was 11.8 percent. This was a very substantial increase from 2010, when the rate for taxpayers in that income category was approximately 7 percent.</p>]]>
        <![CDATA[<p>For America's highest earners, with incomes of $10 million or more, the audit rate was higher still. The IRS audited nearly 30 percent of those taxpayers (29.9 percent) last year, up from 18 percent the year before.</p>
<p>The IRS says that the increase in audits of wealthy taxpayers isn't a matter of targeting them for closer scrutiny. The reason for more audits relates, rather, to the recent offshore account disclosure initiatives. Many people with offshore accounts are high earners.</p>
<p>Source: "<a href="http://money.cnn.com/2012/03/23/pf/taxes/tax_audits_millionaires/index.htm?source=yahoo_hosted">Audit rates of millionaires nearly double</a>," Blake Ellis, CNN Money, 3-23-12</p>]]>
    </content>
</entry>

<entry>
    <title>Deductions Are an Important Part of Tax Strategy</title>
    <link rel="alternate" type="text/html" href="http://www.browntax.com/blog/2012/03/deductions-are-an-important-part-of-tax-strategy.shtml" />
    <id>tag:www.browntax.com,2012:/blog//11297.219853</id>

    <published>2012-03-22T19:57:35Z</published>
    <updated>2012-03-22T20:00:57Z</updated>

    <summary>A smart tax strategy means looking for all of the legitimate deductions that may benefit you. Even if some of them seem downright silly, it&apos;s still important to know about the ones that may apply to you. After all, there...</summary>
    <author>
        <name>Brown, PC</name>
        <uri>http://www.browntax.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=11297&amp;id=13076</uri>
    </author>
    
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    <category term="taxevasion" label="tax evasion" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.browntax.com/blog/">
        <![CDATA[<p>A smart tax strategy means looking for all of the legitimate deductions that may benefit you. Even if some of them seem downright silly, it's still important to know about the ones that may apply to you.</p>
<p>After all, there is big difference between using deductions intelligently, on the one hand, and criminal <a href="http://www.browntax.com/Criminal-Tax-Matters/Attempts-to-Evade-or-Defeat-Tax.shtml">tax evasion</a> on the other. Deductions help you to avoid more tax than you have to, which is perfectly legitimate.</p>
<p>So what are some of the more unusual deductions?</p>
<p>Consider, for example, a professional bodybuilder who needed to use loads of body oil during competitions to make his rippling muscles gleam. He claimed a tax deduction for the oil. When the IRS questioned the deduction, the bodybuilder took the issue to tax court - and won.</p>
<p>It's also worth noting that the rules on deductions for medical expenses are often quite expansive. In one case, a taxpayer with emphysema installed a home swimming pool because his doctor had ordered an exercise program. Regular swimming in the pool enhanced his breathing ability.</p>]]>
        <![CDATA[<p>The U.S. Tax Court found that the man could legitimately deduct the cost of the pool as a medical extent. The exact amount of the deduction had to be reduced by the amount that the presence of the pool increased the value of the property.</p>
<p>The tax deduction for the pool was valid, however, because the primary purpose was medical care.</p>
<p>These are only two examples. An experienced tax attorney can help you consider others that may apply in your specific case.</p>
<p>Source: "<a href="http://www.forbes.com/sites/robertwood/2012/03/21/still-more-strange-tax-deductions/">Still More Strange Tax Deductions</a>," Robert W. Wood, Forbes, 3-21-12</p>]]>
    </content>
</entry>

<entry>
    <title>Increased Use of Corr-Exams Compared to Audits Is Cause For Concern</title>
    <link rel="alternate" type="text/html" href="http://www.browntax.com/blog/2012/03/taxpayer-advocate-questions-increased-use-of-corr-exams-compared-to-audits.shtml" />
    <id>tag:www.browntax.com,2012:/blog//11297.222897</id>

    <published>2012-03-13T22:12:35Z</published>
    <updated>2012-03-29T14:43:14Z</updated>

    <summary>An IRS audit isn&apos;t a criminal proceeding in which the right to confront accusers literally applies. There is still a big difference, however, between face-to-face IRS audits on the one hand, and so-called &quot;corr exams&quot; (correspondence-based exams) on the other....</summary>
    <author>
        <name>Brown, PC</name>
        <uri>http://www.browntax.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=11297&amp;id=1587</uri>
    </author>
    
        <category term="IRS audits" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="correxams" label="corr-exams" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="taxappeal" label="tax appeal" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.browntax.com/blog/">
        <![CDATA[<p>An IRS audit isn't a criminal proceeding in which the right to confront accusers literally applies.</p>
<p>There is still a big difference, however, between face-to-face <a href="http://www.browntax.com/IRS-Audits-and-Appeals/">IRS audits</a> on the one hand, and so-called "corr exams" (correspondence-based exams) on the other.</p>
<p>This week, the National Taxpayer Advocate questioned the increasing use of correspondence exams. From fiscal year 2000 to fiscal year 2011, face-to-face audits increased by 56 percent, from 251,108 to 391,621. But correspondence-based exams increased far more - by 220 percent. In eleven years, they increased from 366,657 to 1.173,069.</p>
<p>The Taxpayer Advocate questions the fairness of this trend. "Today the IRS generally reserves face-to-face individual audits for the most affluent taxpayers," wrote Nina Olson, the taxpayer advocate, in a blog post.</p>
<p>Taxpayers are far less likely to respond to notice of a face-to-face audit than to a corr-exam. This can easily result in valid tax claims being denied by the IRS.</p>]]>
        <![CDATA[<p>Correspondence exams also have far lower rates of administrative appeals and U.S. Tax Court petitions than audits do. "These low rates," the Taxpayer Advocate wrote, "may be the consequences of unrepresented and inexperienced taxpayers' ignorance of the audit process and their right to appeal an unfavorable decision."</p>
<p>Given these considerations, it is scarcely surprising that IRS surveys have shown far greater taxpayer satisfaction with the process for face-to-face audits than for corr exams. The percentage of taxpayers who said they were dissatisfied with corr exams was over double the rate of those who were dissatisfied with the audit process (41 percent compared to 18).</p>
<p>Source: "<a href="http://www.accountingtoday.com/news/Taxpayer-Advocate-Questions-IRS-Audit-Effectiveness-62007-1.html">Taxpayer Advocate Questions IRS Audit Effectiveness</a>." Michael Cohn, Accounting Today, 3-13-12</p>]]>
    </content>
</entry>

<entry>
    <title>IRS Finalizes Changes to Innocent Spouse Rule</title>
    <link rel="alternate" type="text/html" href="http://www.browntax.com/blog/2012/03/irs-finalizes-changes-to-innocent-spouse-rule.shtml" />
    <id>tag:www.browntax.com,2012:/blog//11297.222896</id>

    <published>2012-03-07T23:46:34Z</published>
    <updated>2012-03-29T14:43:14Z</updated>

    <summary>Marriage means many things - but not always that two people are in complete concert on tax matters. That is why federal law allows an innocent spouse to avoid being held responsible for his or her spouse&apos;s tax problems. Sometimes...</summary>
    <author>
        <name>Brown, PC</name>
        <uri>http://www.browntax.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=11297&amp;id=1587</uri>
    </author>
    
        <category term="IRS tax collection" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="taxpenalties" label="Tax Penalties" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="innocentspouse" label="innocent spouse" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.browntax.com/blog/">
        <![CDATA[<p>Marriage means many things - but not always that two people are in complete concert on tax matters. That is why federal law allows an innocent spouse to avoid being held responsible for his or her spouse's tax problems.</p>
<p>Sometimes it takes an experienced tax attorney to convince the IRS to provide the <a href="http://www.browntax.com/IRS-Collection-Matters/Innocent-Spouse-Tax-Relief.shtml">innocent spouse tax relief</a> that it should.</p>
<p>In one recent case, a woman named Cathy Lantz filed a joint tax return with her husband, an Indiana dentist, in 2006. It turned out that the husband was engaged in Medicaid fraud. Ms. Lantz argued that she had no knowledge of this, but the IRS still tried to hold her liable for all tax, penalties and interest on the joint return.</p>
<p>The tax bill that the IRS sought to enforce was nearly $1 million - $928,111, to be exact.</p>
<p>After a five-year battle in tax court and then in federal court, the IRS finally decided to drop the case last summer. The tax law clinic at Valparaiso University School of Law helped Cathy Lantz obtain innocent spouse relief.</p>]]>
        <![CDATA[<p>The IRS action appears to signal a shift in policy on innocent spouse cases. The agency has already adopted new guidelines, and is accepting public comments on the revised rules.</p>
<p>The biggest change is that the IRS will be more inclined to allow equitable relief to an innocent spouse taxpayer in two key situations. One is when a spouse has suffered abuse at the hands of the other spouse. The other is when one spouse has exercised control of the couple's finances.</p>
<p>Source: "<a href="http://www.nytimes.com/2012/02/12/business/yourtaxes/innocent-spouses-get-more-relief-from-irs.html">For 'Innocent Spouses,' A Helpful Shift in I.R.S. Policy</a>," Carla Fried, New York Times, 2-11-12</p>]]>
    </content>
</entry>

<entry>
    <title>IRS Audits Frequently Focus on Freelancers</title>
    <link rel="alternate" type="text/html" href="http://www.browntax.com/blog/2012/02/irs-audits-frequently-focus-on-freelancers.shtml" />
    <id>tag:www.browntax.com,2012:/blog//11297.222895</id>

    <published>2012-02-29T00:19:33Z</published>
    <updated>2012-03-29T14:43:14Z</updated>

    <summary>For years, the American marketplace has been evolving toward a workforce in which more and more people are not traditional employees. The ranks of contractors, freelancers, consultants and assorted vendors have grown for many reasons, and the downsizing unleashed by...</summary>
    <author>
        <name>Brown, PC</name>
        <uri>http://www.browntax.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=11297&amp;id=1587</uri>
    </author>
    
        <category term="IRS audits" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="contractors" label="contractors" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="freelancers" label="freelancers" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="selfemployed" label="self-employed" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="smallbusiness" label="small business" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.browntax.com/blog/">
        <![CDATA[<p>For years, the American marketplace has been evolving toward a workforce in which more and more people are not traditional employees. The ranks of contractors, freelancers, consultants and assorted vendors have grown for many reasons, and the downsizing unleashed by the Great Recession only accelerated this trend.</p>
<p>There are many unintended side effects to this transition. One of them, it seems, is an increased risk of <a href="http://www.browntax.com/IRS-Audits-and-Appeals/">IRS audits</a>. The evidence indicates that self-employed people get audited more by the IRS than old-style employees.</p>
<p>This affects a lot of people. A recent survey by the temporary employment firm Kelly Services showed that the number of employees who describe themselves as "free agents" is on the rise. It has increased from 26 percent of employees to over 40 percent of employees in just the last three years.</p>
<p>All this freelancing translates into a lot of tax returns. In 2010, 23 million taxpayers filed Schedule C, which sole proprietors (including various freelancers) use to report profit or loss from a business that is not incorporated.</p>]]>
        <![CDATA[<p>The chances of such returns being audited are at least twice as large as those for a corporation, according to Keith Hall, who is a tax adviser for the National Association for the Self-Employed. And the chances are more like three times as much once very small businesses with less than $25,000 in gross receipts are excluded.</p>
<p>Hall believes the IRS targets small business owners for audits compared to corporations. He was audited himself twice, he told Reuters - even though he didn't owe any additional tax either time.</p>
<p>Source: "<a href="http://www.reuters.com/article/2012/02/28/us-yourmoney-freelancing-irsaudit-idUSTRE81R1QR20120228">Freelance? An IRS audit may be in your future</a>," Reuters, 2-28-12</p>]]>
    </content>
</entry>

<entry>
    <title>Take Proactive Steps to Minimize Chances of IRS Audit</title>
    <link rel="alternate" type="text/html" href="http://www.browntax.com/blog/2012/02/take-proactive-steps-to-minimize-chances-of-irs-audit.shtml" />
    <id>tag:www.browntax.com,2012:/blog//11297.222894</id>

    <published>2012-02-24T17:23:12Z</published>
    <updated>2012-03-29T14:43:14Z</updated>

    <summary>Be proactive, Stephen F. Covey urged his readers in &quot;The Seven Habits of Highly Effective People.&quot; Over twenty years after the book&apos;s firs publication, this remains excellent advice. Applying it to tax preparation makes good sense, too. This includes taking...</summary>
    <author>
        <name>Brown, PC</name>
        <uri>http://www.browntax.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=11297&amp;id=1587</uri>
    </author>
    
        <category term="IRS audits" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="businessexpenses" label="business expenses" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="taxdeductions" label="tax deductions" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.browntax.com/blog/">
        <![CDATA[<p>Be proactive, Stephen F. Covey urged his readers in "The Seven Habits of Highly Effective People." Over twenty years after the book's firs publication, this remains excellent advice.</p>
<p>Applying it to tax preparation makes good sense, too. This includes taking all reasonable steps to avoid <a href="http://www.browntax.com/IRS-Audits-and-Appeals/">IRS audits</a>.</p>
<p>Some of those steps are straightforward. Rounding up your receipts and being clear about your tax deductions and exclusions from income.</p>
<p>You certainly don't want to pay any more tax when you have to. But you don't want to be overly aggressive either, and have to submit to an audit you could have easily avoided.</p>
<p>It doesn't make sense, then, to claim a deduction you probably aren't really eligible for. Or to claim to have given more money to charity than you really did.</p>
<p>It's true that in the 2010 tax year, only about 1.1 percent of people who filed a 1040 were audited. But the rate of audits was 12.5 percent - over ten times the overall average- for people who earned $1 million or more. This figure was up a full 100 percent from the previous year.</p>]]>
        <![CDATA[<p>Clearly the IRS is aggressively going after higher-income taxpayers.</p>
<p>Taxpayers should also be aware that the IRS may scrutinize tax returns that appear to reflect a mismatch between the deductions claimed and the income reported. For example, an IRS audit could be triggered if a return contains many deductions for employee business expenses or vehicle expenses, but little or no reported income.</p>
<p>Taxpayers should also be careful to avoid inadvertent errors in compiling their data.</p>
<p>Source: "<a href="http://articles.chicagotribune.com/2012-02-17/business/sc-tax-0216-irs-red-flags-20120217_1_audit-rate-irs-audit-tax-return">Know the triggers, avoid an IRS audit</a>," Chicago Tribune, 2-17-12</p>]]>
    </content>
</entry>

<entry>
    <title>U.S. and Five European Countries Announce Data-Sharing Deal on FATCA Compliance</title>
    <link rel="alternate" type="text/html" href="http://www.browntax.com/blog/2012/02/us-and-five-european-countries-announce-data-sharing-deal-on-fatca-compliance.shtml" />
    <id>tag:www.browntax.com,2012:/blog//11297.222893</id>

    <published>2012-02-16T23:09:57Z</published>
    <updated>2012-03-29T14:43:13Z</updated>

    <summary>The IRS is going after assets held in foreign accounts like never before. First it was not one but two iterations of the Offshore Voluntary Disclosure Initiative (OVDI). Coming soon is a new law called the Foreign Account Tax Compliance...</summary>
    <author>
        <name>Brown, PC</name>
        <uri>http://www.browntax.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=11297&amp;id=1587</uri>
    </author>
    
        <category term="Offshore Accounts/International Tax Disputes" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="fatca" label="FATCA" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="ovdi" label="OVDI" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.browntax.com/blog/">
        <![CDATA[<p>The IRS is going after assets held in foreign accounts like never before. First it was not one but two iterations of the Offshore Voluntary Disclosure Initiative (OVDI). Coming soon is a new law called the Foreign Account Tax Compliance Act (FATCA).</p>
<p>FATCA is an <a href="http://www.browntax.com/Offshore-Account-Enforcement/">offshore account enforcement</a> law passed by Congress in 2010. It aims to enlist foreign financial entities in collecting tax owed to Uncle Sam by Americans with foreign accounts.</p>
<p>Though FATCA will not fully take effect until 2014, planning for the implementation of the law has already begun. There have strident objections to it by foreign banks and other financial institutions who assert that the cost of compliance will be excessively burdensome.</p>
<p>The latest development is that the U.S. and five European countries have agreed to an information-sharing deal that is supposed to help implement FATCA. The five countries are Germany, France, Britain, Italy and Spain.</p>]]>
        <![CDATA[<p>FATCA, as currently written, will require foreign financial institutions to report accounts held by Americans or be subject to a withholding penalty. Foreign banks are concerned that compliance would put them in a position of violating laws on national secrecy.</p>
<p>Under the deal announced with the five countries last week, banks in those countries will share the data on American assets not with the IRS, but with their own national governments. Those governments, in turn, will share the data with the U.S.</p>
<p>This government-to-government approach for FATCA compliance is supposed to address the issue of national secrecy laws in the five countries involved. It remains to be seen whether other countries will take similar actions.</p>
<p>Source: "<a href="http://www.nytimes.com/2012/02/09/business/global/5-european-nations-agree-to-help-us-crack-down-on-tax-evasion.html?_r=4&amp;hp">5 European Nations Agree to Help U.S. Crack Down on Tax Evasion</a>," New York Times, 2-8-12</p>]]>
    </content>
</entry>

<entry>
    <title>Proposal would limit IRS on small business tax reporting requirement</title>
    <link rel="alternate" type="text/html" href="http://www.browntax.com/blog/2012/02/proposal-would-limit-irs-on-small-business-tax-reporting-requirement.shtml" />
    <id>tag:www.browntax.com,2012:/blog//11297.222892</id>

    <published>2012-02-07T22:20:00Z</published>
    <updated>2012-03-29T14:43:13Z</updated>

    <summary>Small businesses are greatly affected by tax reporting requirements. If the government isn&apos;t careful, compliance with these requirements can become excessively burdensome for business. And that, in turn, can hurt productivity and make small businesses less competitive. In other words,...</summary>
    <author>
        <name>Brown, PC</name>
        <uri>http://www.browntax.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=11297&amp;id=1587</uri>
    </author>
    
        <category term="Legislation" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="1099" label="1099" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="smallbusiness" label="small business" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.browntax.com/blog/">
        <![CDATA[<p>Small businesses are greatly affected by tax reporting requirements. If the government isn't careful, compliance with these requirements can become excessively burdensome for business. And that, in turn, can hurt productivity and make small businesses less competitive.</p>
<p>In other words, <a href="http://www.browntax.com/IRS-Audits-and-Appeals/Business-Income-Taxes.shtml">business income taxes</a> involve a fine line. Our tax system is based on the premise that both individuals and businesses will pay their fair share. But if businesses are subject to too many reporting requirements, it becomes harder for those businesses to generate the jobs America needs to regain strong economic growth.</p>
<p>Consider, then, one particular tax reporting requirement: a relatively new one involving 1099-K reports. In 2008 legislation, Congress required the IRS to collect 1099-K reports from credit card companies and other third party payment companies. The purpose is to document credit transactions that have occurred within a merchant's business during the tax year.</p>]]>
        <![CDATA[<p>There is concern in Congress that the rule expects too much from small businesses if they have to reconcile the reports they receive from outside companies with their own internal records.</p>
<p>Two members of the U.S. House are offering a bill to address this concern. The proposed bill is called the 1099-K Overreach Prevention Act. It would restrict what the IRS is allowed to do with data from 1099-K reports submitted by third parties. The IRS would not be able to require businesses to reconcile these reports with their own internal records.</p>
<p>The proposal has support from the U.S. Chamber of Commerce, as well as the National Federal of Independent Business.</p>
<p>Source: "<a href="http://www.accountingtoday.com/news/Lawmakers-Introduce-Bill-Limit-1099K-Overreach-61666-1.html">Lawmakers Introduce Bill to Limit 1099-K 'Overreach'</a>," Accounting Today, 2-7-12</p>]]>
    </content>
</entry>

</feed>
