IRS Instructions as Clear as Mud, Even to the IRS
Tax time is just around the corner and that means it will be time once again to comb through all the jargon that is IRS tax forms. Many taxpayers have long bemoaned tax forms and instructions as just plain confusing and in some cases, downright sinister. However, even though filing taxes on your own accord can be a risky proposition, as long as you stick to the code and follow the IRS’s instructions carefully and exactly, you should be OK, right? Well, not necessarily.
What? How could that possibly be true? The fact is tax instructions don’t actually fall under the tax law. So, in reality, you could even follow the instructions on a tax form with exactness and still end up with an error. Of course, the IRS would understand if that happened to you, right? Well, not exactly. Many taxpayers have used this argument to no avail. In most instances, the courts side with the IRS and rarely hold the agency to what is written in its forms and instructions.
That’s because, unfortunately, according to legal precedence, the only things that hold up in court as tax law are regulations, official statutes and judicial decisions. That means even if you fill out your tax forms incorrectly and it’s the IRS’s fault, you will still be held accountable for those mistakes. It doesn’t seem fair that the IRS is ultimately not responsible to write correct instructions, but nevertheless when it comes to the IRS there isn’t too much that does seem fair.
Unpleasant Tax Surprise for Thousands of IRA Holders
Unpleasant Tax Surprise for Thousands of IRA Holders Imagine getting a letter in the mail telling you that you owe more than $24,000 in taxes, with about a fourth of that total being because of late penalties. That’s the kind of surprise that nobody ever wants to get. However, that’s exactly what happened to one…
Corporate Tax Planning: Mergers, Acquisitions and Reorganizations
Corporate Tax Planning: Mergers, Acquisitions and Reorganizations by Greenstein, Rogoff, Olsen & Co., LLP In today’s ever-changing business world, a corporation often needs to reconstruct its form for economic survival and growth. These corporate divisions and combinations usually involve exchanges of stock and property, and normally would be taxable transactions. However, Congress enacted certain provisions…
General Rules for Corporate Reorganization
General Rules for Corporate Reorganization In order for a transaction to be given non-recognition treatment under the reorganization provisions, it must meet certain requirements. • The reorganization must meet certain tests in the Regulations regarding “continuity of interest” and “continuity of business enterprise.” • The reorganization must be conducted according to one of seven patterns…
Accepted Patterns for Corporate Reorganization: Types A-G
Accepted Patterns for Corporate Reorganization:Types A-G The seven qualifying patterns of reorganization described in IRC section 368(a)(1)(A) through (G), are as follows: •Type A- a statutory merger or consolidation; •Type B- the acquisition by one corporation, in exchange solely for all or a part of its voting stock (or in exchange solely for all or…