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Gail in Virginia

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  1. I am thinking 15%. I did not raise prices for several years so I feel like I am behind. Besides, I really want to work less hard.
  2. Sara, I don't know enough about this to have a real opinion. But funeral costs are never deductible, regardless of whether they are paid directly by the estate, reimbursed to a beneficiary, or reimbursed to a total stranger. Whereas business expenses may be deductible so I don't see why the fact that she is a beneficiary as well as executor would come in to play. However, if they are not deductible expenses to begin with, then if the estate cannot deduct them and the executor receives a fee, can she deduct them as an expense of earning that fee and get the benefit of the deduction that way?
  3. I agree with both answers. If the client inherited an installment agreement, no step up in basis. If client inherited a business, they get the step up in basis before the installment agreement goes into effect.
  4. Plus, with the perception that everyone else is doing such schemes and getting away with it, most taxpayers feel like they are just leveling the playing field and that it is only fair.
  5. Congratulations, Joel! I am so jealous!
  6. If I understand the question correctly, the FSA is irrelevant. The employer has been deducting an amount from the employee's wages for the partial cost of the health insurance. There is no written plan for the health insurance deduction, and yet they have been treating this as a deferral of income not subject to FICA, FWT, Medicare, etc. A section 125 plan should be in place for this to be tax deferred. Are the employees actually signing an election for the amount withdrawn for health insurance? That is a written document, although I don't believe it is what is typically meant by a plan document. I am wondering if the election the employees' have signed can be formalized as a plan document and if a determination letter could be requested from the IRS that would clarify this and perhaps eliminate the need to change 15 years worth of W2s and other employment tax documents. If the only benefit under this 125 plan is health insurance, no 5500 is required if I remember correctly. i do agree that this forum might not be the best place to seek a definitive answer. And perhaps I have misunderstood some nuance of the question.
  7. It has been a while since I have had one of these. Does the NOL he is carrying forward contain any preference items? I think that it may have to be adjusted for any preference items but then is entered on the 6251 as a deduction and can be used to reduce his income.
  8. If all of the sales are reported under his social security number on the same consolidated 1099B, then I would report them all on his final tax return. HOWEVER, i would report as nominee on all of the sales after his date of death so that the return shows no gain or loss on those sales and instead they are carried to the estate's 1041. Yes, the basis would be the value on the date of death but the holding period for inherited assets is assumed to be long term even if it sold as soon as it is transferred. At least, this is how i would handle it.
  9. My opinion would be that you sign as the successor trustee. You are not her POA any longer because of her death, she can't currently sign for the same reason so even if you were still POA you can't do something that she would not be able to do, and you can't back date them to a date when she was still alive and you were still her POA. But that is just my opinion and I am not a lawyer.
  10. I am just wondering if he has any extra business licenses or taxes that need to be addressed as a contractor working in New York, even if it is only one job for two months.
  11. I hate to say this, but if your son has friends who got really taken to the cleaners I would try to find out who represented their spouse.
  12. Was any of this award due to discrimination based on disability? It seems that I remember there used to be some exception related to that. I don't know if that is still the case, or if I am remembering correctly but if this pertains you might do some research to see if there is any help there.
  13. And also congratulate themselves for saving the taxpayer's money by cutting funding to the IRS for new staff and computers.
  14. I can see this either way. But I don't think that whether or not Partner A can serve as general contractor would mean that he would be limited in terms of the partnership. He seems to have exercised management responsibility by choosing the site since he bought the lot. And he could be providing oversight of the financials, especially since he seems to be providing the money. I am not sure how that is determined/proven after the fact.
  15. Wow, Judy. I am sure those old writings are precious now, but I can't imagine still having tax returns from the 70's. I filed then, but they are long gone. Kind of wish I had saved my very first return, though.
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