joelgilb

For the same price of the Standard Portal Safe, you can get AFSB (www.afsb.com) to provide you a complete website, the same portal space on your website, monthly client newsletters and a host of calculators. For a one time fee you can even have them custom design it for you, or duplicate your current website (as I did). Also, you will generally be able to get more than 2000 files on it if needed, but that applies to the 1gb on Portal Safe too.

Not that I don't want to hear the results myself, but that doesn't change anything if you are a Beta Tester and signed the agreement! I would suggest you read the agreement carefully and understand this is CCH and Wolters Kluwer. BIG BUCKS there, with big bucks on the line should your comments affect the bottom line, adversley of course. I would be happy to read the agreement for you if someone would forward me the NDA, although (since I have drafted them myself), I would guess even the disclosure of the NDA is a breach of it.

Honestly, even admiting that you are part of the Beta Test program probably breaches the Non-Disclosure Agreement

ATX's problem last year was not about compatabilty with other software, it was about changing to a development platform that both is not the proper platform and the programing staffs inabilty to both understand the platform and use the platform correctly. As for Beta Testing, it appears that they are definately enlisting far more testers for the 2013 season. This could and probably is for 2 reasons: 1. Clearly they did not test sufficiently last year so an expanded base should improve reults 2. IMHO, they could be hoping that more beta testers from the group of users that have not renewed, could help them create a sale/renewal. As for me, I renewed Drake in May!

Latest update for Beyond415, shows no hope IRS is going to change direction on its decision to eliminate or reduce e-services.

Finaly as for mileage records, I am pretty sure it is not illegal to create the mileage records today (I did not take the time to research the case law here though). The only issue here is that the records are made with bad memory and should IRS know they are being made currently they would likely discount the records and adjust should the return be examined. I have personally gone to audits where the client created the mileage records (one very recently) just before the audit and the worst thing that happened was the auditor discounted some of the mileage. This of course is the clients problem, as had they kept better records they would have better deductions.Still, in each case, the client was happy that they didn't lose everything and understood that it was their own fault. Well except this case I posted above: Also see this recent case [in light of IRC Sec 274(D)] which rules that even some estimates of travel, meals and entertainment are allowed... So long as they are CREDIBLE http://www.accountin....y-67020-1.html

Taxed, Once she knows about the income she can't advise her client to do anything but to disclose it. It is never our duty to advise a client on how they can hide cash or that IRS would never know. This is something we should not do, period! Even more so today, when IRS is taking out preparers left and right. Further, if we feel that the client is lying about their income or deductions, it is our ethical duty to dissassotiate ourselves from the engagement., The better approach, especially with the aggressive posture of the IRS today, is to explain to the client why they should try to be as forethcoming as possible and do the best job to prepare a complete and as accurate a return as possible.

In the cases I brought, they were all specific performance. In one case the accountant's defense was he wasn't paid and he requested his fees as part of the judgement (he had not filed a counter claim however). The Judge then proceeded to rip him to shreds! After Court, that accountant asked me how could I sue him, knowing he wasn't paid. My response, "I warned you when I requested the documents that I would take this to Court and you said to go ahead and try it... [and] How could you illegally withhold client documents?" The cases I brought, the taxpayers had refunds, so we never went after the accountant for specific damages, and punitive is not likely to happen. All the cases the accountants felt they could represent themselves. Probably a good move, as they would have lost anyway and just ran up legal fees.

I have sued on behalf of my clients, when the tax preparation firm refused both my demands and my clients demands for the records. And I did not do this gratus, but charged for my time in the State Court.

Yes. Under IRS's new MeF program you can e-file individual returns back I believe to 2010, so long as your software vendor accepts them. ATX allows prior years returns to be e-filed and I have e-filed 2011 returns and I beieve I also e-filed 2010 but memory is bad on that one.. Drake on the other hand does not accept efiles from years prior to 2012. Not sure about other software. And as to Terry's comment - I am not sure about business returns

I have personally sued accountants for not returning the clients Original Documents when they haven't been paid. You are allowed to withhold your work product and copies of the original documents though, so long as you return the originals. Oh Yea, the above comment suggests I have won this type of case. In fact, every time I have brought it to court. Also as said earlier in this post circular 230 pretty much says the same and really is just reiterating already established law on the subject.

Taxed, Not sure where you are going with this answer, but you seem to be suggesting to ignore the cash income. Not only is this illegal (the words Tax Fraud immediatly come to mind), it is certainly not something that we as preparers should be suggesting or helping a client with. Thinking that you would then be party to the tax fraud and maybe even a conspiracy charge!. Joan cannot tell him that and I am sure she is not even inferring that in her question. In fact she added that her client is "...being rigorously HONEST" (emphasis added)!

This question seems to be coming up on several tax boards and I will post my answer from the other boards here in response to your question: There is nothing illegal about a taxpayer (not you) estimating the expenses on the old years. Only problem here is that should IRS decide to audit the information you have little support. Even then the IRS must be reasonable. See the landmark decision in the George M Cohan case at: http://pegasus.cc.ucf.edu/~bandy/cohan.htm Basics of the Cohan Rule Cohan was a vaudeville star who became even more famous for penning hits like "Give My Regards to Broadway" and "I'm a Yankee Doodle Dandy." Back in the 1920s, he claimed deductions for business travel and entertainment (T&E) expenses, but said he was "too busy" with his show business activities to take the time to document the expenses. Naturally, the IRS disallowed the deductions. First, Cohan appealed to the Board of Tax Appeals, the forerunner of today's Tax Court. But the board sided with the IRS, so he then appealed to the Second Circuit Court. The judge presiding over the case, Judge Learned Hand, is as famous in legal circles as Cohan is in his milieu. The judge refused to kick the case up to the U.S. Supreme Court. Instead, he issued a stinging rebuke to the IRS by allowing Cohan to deduct expenses because there was credible evidence that Cohan had incurred deductible expenses. The oft-quoted paragraph that follows summarizes Hand's position: "In the production of his plays Cohan was obliged to be free-handed in entertaining actors, employees, and, as he naively adds dramatic critics. He had also to travel much, at times with his attorney. These expenses amounted to substantial sums, but he kept no account and probably could not have done so. At the trial before the Board, he estimated that he had spent eleven thousand dollars in this fashion during the first six months of 1921, twenty-two thousand dollars, between July first, 1921 and June thirtieth, 1922, and as much for his following fiscal year, fifty-five thousand dollars in all. The Board refused to allow him any part of this, on the ground that it was impossible to tell how much he had in fact spent, in the absence of any items or details. The question is how far this refusal is justified, in view of the finding that he had spent much and that the sums were allowable expenses. Absolute certainty in such matters is usually impossible and is not necessary; the Board should make as close an approximation as it can, bearing heavily if it chooses upon the taxpayer whose inexactitude is of his own making. But to allow nothing at all appears to us inconsistent with saying that something was spent. True, we do not know how many trips Cohan made, nor how large his entertainments were; yet there was obviously some basis for computation, if necessary by drawing upon the Board's personal estimates of the minimum of such expenses. The amount may be trivial and unsatisfactory, but there was basis for some allowance, and it was wrong to refuse any, even though it were the travelling expenses of a single trip. It is not fatal that the result will inevitably be speculative; many important decisions must be such. We think that the Board was in error as to this and must reconsider the evidence." Thus, the Cohan rule was born. Ironically, due to subsequent tax law changes, the Cohan rule cannot be used to justify T&E deductions, but it can still salvage deductions for other business expenses." "Also, Section 274(d) of the tax code requires substantiation for travel, entertainment and gift expenditures only, thus, by inference allowing the estimation of other categories of business expense ..." Also see this recent case [in light of IRC Sec 274(D)] which rules that even some estimates of travel, meals and entertainment are allowed... So long as they are CREDIBLE http://www.accountingtoday.com/news/...y-67020-1.html And finally, if you are going to let your client estimate the expenses, make sure they put it in some form of writing to YOU, so you can show that they are estimating the expenses and not you as the preparer. In other words CYA! btw, for those of you who do not know who George M Cohan was: http://www.pappastax.com/index.php/2...ible-expenses/ George M. Cohan was a 1920′s vaudevillian who is probably most known to modern audiences as the man who wrote the song “I’m a Yankee Doodle Dandy.” But to us tax attorneys, Mr. Cohan is better known for being the plaintiff in one of the most famous and enduring tax cases in American history. I’m a Yankee Doodle Dandy A Yankee Doodle, do or die A real live nephew of my Uncle Sam Born on the Fourth of July I’ve got a Yankee Doodle sweetheart She’s my Yankee Doodle joy Yankee Doodle came to London Just to ride the ponies I am the Yankee Doodle Boy and a youtube sung by Jimmy Cagney http://www.youtube.com/watch?v=StDpLge_ITM __________________

Looks like ATX pretty much got the worst scores and UltraTaxCS seems to have just edged out Drake by a hair for the top winner here.

Latest update from Beyond 415: Hello ____, Since the IRS announced its decision last month to retire two major e-Services products, we received almost 4,000 practitioner signatures on our online petition urging the IRS to reconsider its decision. On Monday, we formally submitted the petition and final list of signatures to the IRS. Last week, the IRS Electronic Administration Advisory Committee (ETAAC) contacted us with an update that it has also urged the IRS not to retire Disclosure Authorization and Electronic Account Resolution e-Services products without offering new options to replace their functionality. ETAAC expressed hope that the IRS will open a dialogue with e-Services users about the changes. Various tax professional associations are also pushing for the IRS to reconsider its decision. What you can do: Personally urge IRS action and open communication on this issue, using our sample letter and list of contact information for stakeholder organizations and representatives. http://www.beyond415.com/knowledgecenter/article/alert-register-your-opinion-on-decision-to-retire-e-services-products Thank you for your support on this issue. We will keep you updated as the Aug. 11 retirement date becomes imminent. My best, Jim Buttonow, CPA, CITP, cofounder, Beyond415 And here is a link to article regarding the same on Accounting Today http://www.accountingtoday.com/news/thousands-of-practitioners-protest-end-of-e-services-tools-67469-1.html?ET=webcpa:e7435:92331a:&st=email&utm_source=editorial&utm_medium=email&utm_campaign=tpt_072213&taxpro

Latest update from Beyond 415: And here is a link to article regarding the same on Accounting Today http://www.accountingtoday.com/news/thousands-of-practitioners-protest-end-of-e-services-tools-67469-1.html?ET=webcpa:e7435:92331a:&st=email&utm_source=editorial&utm_medium=email&utm_campaign=tpt_072213&taxpro

No offense Terry, I wasn't responding to you, I was responding to post 2 by Eric which indicated he wanted to get rid of the Software Issues forum too! "I've got some other forum management stuff to take care of (have to get rid of the Software Issues forum too) so I'll take care of it all at the same time."

I would rethink getting rid of Software Issues. The software still does not work properly for many users and 2013 is being reprogrammed from the ground up and could have a whole new set of "Software Issues".

Another Update Just received an email from Beyond415 regarding the petition that I thought was worth sharing: Hello Joel, In the first 48 hours of posting our online petition urging the IRS to reconsider its decision to retire two major e-Services products, we received more than 2,000 practitioner signatures. I want to thank you for participating in this effort. Last week, we formally submitted the petition and initial signatures to the IRS. As someone who is passionate about effective tax administration, efficiency and tax practice and procedure, I share your commitment to this issue. We’re all aware of the difficult budget decisions the IRS is forced to make in light of an increasingly complex tax code, undertaking administration of the Affordable Care Act, and pressure to shrink the tax gap. In addition to providing software tools and resources to make tax practice and procedure easier for everyone, one of my primary goals is to facilitate mutually beneficial communication between the IRS and the tax professional community. We all want effective and efficient tax administration, which is best achieved through collaboration. Please encourage your fellow practitioners to sign the petition if they haven’t already done so. The signature cutoff date is July 11. Online petition. Read the full update article. If you have any additional comments or feedback on this issue, please email [email protected]. My best, Jim Buttonow, CPA, CITP

I also switched to Drake and have to agree with John. No way will ATX ever be as fast as Drake. When loading Drake I found I was in the software in 3 seconds (you click the Drake Icon and you are in!) or less and in a existing client file in about the same time. ATX has NEVER done this. There is NO LAG on any page and although Drake does not have Live forms like ATX, viewing a return, at any time, literally takes about 2 seconds. To me that is Live enough! Drake is the Speed Demon on the market and ATX has always been at the bottom of the list for speed, even before 2012. That said, there is a learning curve and I am finding the longer I use it the faster I can grind out a return.

UPDATE National Society of Accountants recently met with IRS regarding the IRS's decision to eliminate DA and EAR in e-services. Here is a link to the article http://www.accountingtoday.com/news/NSA-Talks-IRS-Keeping-eServices-Open-67105-1.html?ET=webcpa:e7254:92331a:&st=email&utm_source=editorial&utm_medium=email&utm_campaign=tpt_061713&taxpro The IRS announced plans earlier this month to retire the two online applications on Aug. 11, citing low usage and budget cuts as the reason (see IRS to Shut Down Disclosure Authorization and Electronic Account Resolution Apps). However, many tax professionals have reacted with dismay, saying they rely on the services and find them more efficient to use than calling the IRS’s customer service lines for help. According to an NSA blog post Thursday by communications manager Julene Joy, NSA president John Ams and other NSA officials met with the IRS to discuss why the two eServices are being retired and what options are available to allow them to continue to operate. The IRS told the NSA that the computer system on which the two applications run is about a decade old and, while the IRS is migrating other applications to a newer system, it requires extra computer programming and the IRS decided it was not worth the time and expense to re-code the DA and EAR applications. Representatives of other organizations like the National Conference of CPA Practitioners, the National Association of Tax Professionals, the National Association of Enrolled Agents and the American Institute of CPAs also reportedly attended the monthly National Public Liaison meeting with the IRS at IRS headquarters in Washington, D.C., and expressed their concerns, along with the NSA. The NSA asked IRS officials when the decision was made to retire the two applications and why are accountants only hearing about it now? “Predictably, there was not a good answer to this question,” wrote Joy. “As near as we can tell, none of the IRS people who made the decision actually used either the Disclosure Authorization or Electronic Account Resolution options and believed the retirement of these options was an easy way for the IRS to save money. This decision was made some time ago. It remains unclear why we are hearing about it only now rather than when there was time to properly address the issue or find alternatives.” When asked why the IRS chose the date of August 11 to retire the two applications or why they couldn’t at least be kept open until the IRS fiscal year-end date of September 30, the IRS was unable to provide any answers. The IRS similarly was unable to explain the usage data it had cited to justify the retirement of the two applications. The NSA also asked whether the budget savings anticipated by the retirement by the IRS technology department took into account the added burden on the IRS customer service department or the added burden on tax professionals, who prepare more than 60 percent of all returns submitted to the IRS? The IRS told the NSA officials it would get back to them on those questions. When asked how tax administration would be better served by retiring the two applications, the IRS had no adequate response.

You prepare the return, you sign the return!

As long as it is ok , let's leave both theads. SO now everyone else, At least sign the Beyond 415 Petition!

So let's fight this one then! IT is time we stood up for our clients and ourselves!

Just wrote my congressman the following letter: The IRS citing "low usage" is planning to eliminate the 2848 input to E Services as well as the Electronic Account Resolution (EAR) products. WE will now have to either call Practitioners Hotline or fax it to CAF. http://www.accountingtoday.com/taxprotoday/news/IRS-Closes-Disclosure-Authorization-Electronic-Account-Resolution-Apps67048-1.html?ET=webcpa:e7217:92331a:&st=email&utm_source=editorial&utm_medium=email&utm_campaign=tpt_061013&taxpro http://www.irs.gov/Tax-Professionals/e-services---Online-Tools-for-Tax-Professionals As we become more electronic e-services become of greater importance, & I expect more professionals will use them. Currently it can take days or weeks to get a POA enter via the CAF unit to allow a representative to speak with IRS and resolve taxpayer issues. Not being able to enter POA's through eservices makes it near impossible to deal with emergency situations, & timely deal with the taxpayers' problems and issues. When it is necessary to send a POA to an agent, revenue officer or someone in the collection system, it is not only time consuming, but it is a FINANCIAL BURDEN TO TAXPAYERS. It is especially burdensome when it is necessary to speak with and fax the POA to multiple IRS employees, something that happens more often than not. Not being able to enter POA's directly through e-services, also makes it near impossible to deal with emergency situations for taxpayers. IRS requires electronic means when it helps them, but has consistently discontinued electronic means to timely assist taxpayers with their tax problems (for instance some years ago one could email IRS to communicate timely and quickly, but shortly after this efficient system was put into place IRS pulled it for snail mail options). Please Help the taxpayers of Nevada and the rest of this country to be able to efficiently deal with their tax issues, by stopping IRS from retiring a service that truly helps the citizens of this country resolve one of their most important issues - Tax Problems. Thank you for your anticipated assistance in this matter.