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About michaelmars

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    ATX Guru
  • Birthday 03/01/1959

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    Partner in 15 person firm, specialties are Real Estate and Jewelry. Uses Lacerte.

    Maintains prior practice outside of partnership, uses proseries.

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  1. michaelmars

    Need Help with Rental

    the 481 is an ordinary deduction and the lower basis adds the same amount to capital gain income. the client comes out ahead on the rate difference.
  2. michaelmars

    Please Confirm - 8453 Required with Appraisal

    agree with that but if it wasn't attached the irs would have denied the deduction and then i would have had a different fight on my hands. Plus for this much money the client might have decided to have a tax attorney handle it and then claim my lack of proper filing of the 8453 would make me responsible for his fees too. If you have the appraisal, there is no reason to not supply it properly. [not suggesting that is what you are saying to do]
  3. michaelmars

    NY's MCTMT

    Just like the LLC fees, every year we miss a few, especially single members and never get a notice.
  4. michaelmars

    Please Confirm - 8453 Required with Appraisal

    Wrong, i had a client audited for this. These audits are all done out of Washington DC, gifts of appreciated property. Funny is that my client donated a collection of rare items and the IRS agent told me that when he contacted Sotherbys, Smithsonian and I forget the third place, that they told them that my client is the leading expert to appraise these items. We did have an outside appraisal and they eventually accepted it with out too much back and forth.
  5. michaelmars

    Value of a Gift

    so if mom bought it how did she inherit it from her husband a few years ago. This isn't the whole story. Client probably doesn't even know the whole story. After all my kids don't know how me and my wife juggle assets.
  6. michaelmars

    New Client Hasn't Filed in 8 Years

    I can't agree with this. If you are too busy send them walking, but if you accept the client then you have to do right by them and if you lose them a 2014 refund they could have a claim against you. I had one of these and we got the returned filed 1 day before statute ran out and it was a 90k NY refund.
  7. michaelmars

    Foreign Tax Paid

    i am going to start using California as my go to foreign country.
  8. michaelmars

    Unamortized Points - Rental Property

    Abby has the correct answer.
  9. michaelmars

    Estate - Sale of Home

    when did the title change to the beneficiaries? They might have to amend their returns and claim the depreciation. If you don't then the basis still has to be lowered by the depreciation that should have been taken. Sounds like the estate accountant really messed up. Was the house left to the beneficiaries or to a Trust for the benefit of the beneficiaries? there are a lot of questions to be answered before you jump on this return.
  10. michaelmars

    Partnership step-up basis

    The preparer of the partnership does not determine the 754 step up, that comes from the preparer of the 706. It is the executor's responsibility to inform the partnership of the election amount. Remember a 754 can go up or down and also if real estate part of the step up needs to be allocated to land. I haven't used ATX since the 2012 issues but i recall at that time it sucked at keeping track of the step up and getting the program to just allocate that depreciation to the applicable partners. I strongly suggest an excel spreadsheet, especially if there are multiple 754's.
  11. michaelmars

    Records Release Form

    Actually this is pretty basic and has been required for a number of years now. There is a separate release for individuals and businesses.
  12. michaelmars

    Back to back IRS audit

    did you receive a "no change"? if so you can get them stopped (usually)
  13. NCCPAP is fighting this too and expects changes very soon.
  14. michaelmars

    Investor or Flipper

    sounds like a flipper and therefor the income is ordinary. Property is inventory as are the improvements
  15. michaelmars

    Minimal Depreciation

    I just went through an audit and the agent actually told me that it was selected because of 3 years of losses. This client went into the business of selling high end homes 3 million and up on average. 2013-no income just expenses, 2014-small income since she was apprenticing and only got a small percentage of commission. Expenses exceeded income. 2015 was more income but still showed a net loss. What saved us from having to argue the hobby rule with the agent is, a] she understood the business and knows the local market and b] 2016 had nice commissions and 2017 had a few large ones too.