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Everything posted by kcjenkins
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David said they all three signed the original loan documents. So, yes, all personally liable.
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Just lost another one, any preparer in the san jose CA area?
kcjenkins replied to ljwalters's topic in General Chat
I'm in CA, but not all that close, Modesto area. As Rich says, I could help with input and with review, using email. Just PM me if you want my help. I've been there, myself, after Don's stroke, so I understand too well. -
Ken, the program is right, there are TWO elements to EITC, 'earned' income is one, AGI is the other. And whether she got cheated or not is debatable. First, I'm sure her lawyer advised her on it. Second, she may be better off with alimony, which goes on much longer, unless she remarries, than does child support that ends when the child reaches maturity.
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Laugh - it's a well known fact that Californians don't eat meat...
kcjenkins replied to jklcpa's topic in General Chat
Well, Arkansas got tagged with rabbit, and having lived most of my long life there and NEVER seen it served there, I can only say the map is funny just the same. Thanks for sharing it. -
Gee, in 35+ years in business in AR I never had a single client have a UI audit! And only one WC audit! NY sounds like a real pain.
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Employee Miles - Tools carried in vehicle
kcjenkins replied to ZoomnFinancial's topic in General Chat
From Pub 463 Hauling tools or instruments. Hauling tools or instruments in your car while commuting to and from work does not make your car expenses deductible. However, you can deduct any additional costs you have for hauling tools or instruments (such as for renting a trailer you tow with your car). Print it for the client. If he does not accept it, give him his stuff and say "goodbye". -
I think she does have COD income from the debt she was relieved of. And yes, I'd have the S Corp issue a 1099-C to the departing member for her share of the debt. Thank goodness they did the legal paperwork that establishes what actually happened.
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Only time it could be deductible would be if it was used as a rental property, and reported on Sch E. A very rare situation.
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Rental Reposession and (I think) Incorrect 1099-C
kcjenkins replied to RitaB's topic in General Chat
But in this case Jack, they did not sell it for 1K, they sold it for 2000K, so someone clearly just made a mistake in filling out out the 1099C. It happens. -
tech support
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A redneck would NEVER wear a hat like that !!! Not even drunk......
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Employee Miles - Tools carried in vehicle
kcjenkins replied to ZoomnFinancial's topic in General Chat
Stand your ground. His coworker may have lied to Block, or may be lying to him. Advise him to try to plan his trips so the first one and the last one are as close to home as possible, but otherwise he's just got to live with the rules as set by Congress and IRS. -
One factor not mentioned is whether you have a space for them to work. If he's using ADP why are they not dealing with it? At minimum, they should provide the payroll stuff in good order for you, monthly as well as quarterly.
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Terry, I agree with Joan, you said he became a citizen, so it does not matter where he lives, a US Citizen files a 1040 no matter where he lives.
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The Service has consistently held that compensatory damages, including lost wages, received on account of a personal physical injury are excludable from gross income with the exception of punitive damages. Rev. Rul. 85-97, 1985-2 C.B. 50, amplifying Rev. Rul. 61-1; see also Commissioner v. Schleier, 515 U.S. 323, 329-30 (1995), in which the Supreme Court used an example of an automobile accident to illustrate in this employment discrimination case how “on account of” in IRC § 104(a)(2) is construed. In the example, the Court held medical expenses (not previously deducted), pain and suffering, and lost wages received by an accident victim are excludable from income as “on account of personal injuries.” Schleier, 515 U.S. at 329. Punitive Damages Punitive damages are not excludable from gross income under IRC § 104(a)(2). With the enactment of SBJPA, Public Law 104 -188, Section 1605(a) in 1996, Congress made it clear in IRC § 104(a)(2) that punitive damages are taxable, regardless of the nature of the underlying claim. Non-Physical Injury or Sickness Prior to the amendment of August 20, 1996, the Service and the courts consistently interpreted IRC § 104(a)(2) as providing an exclusion for damages received in connection with claims of mental and emotional distress which arose from non-physical injuries. Examples of these type cases are employment wrongful discharge, discrimination, libel, etc. Please refer to Chapter 3 section on payroll and self-employment tax considerations for a discussion on FICA, FUTA, RRTA and SECA on back pay, lost wages, lost profits, etc. received in a lawsuit award or settlement. The August 20, 1996, amendment has plainly resolved this issue on the side of the Government. With the exception of amounts paid to treat emotional distress, damages received after August 20, 1996, are excludable under IRC § 104(a)(2) only if received on account of physical injury or physical sickness. Therefore, a taxpayer receiving lawsuit proceeds from a non-physical injury claim cannot exclude any amount for payment to compensate for an intangible emotional distress value. The taxpayer can only exclude an amount for actual out of pocket medical costs. This exclusion would further depend upon whether the taxpayer had previously deducted those medical expenses on his or her tax return. See IRC §§ 111 and 213. I'd suggest sending a copy of this snips [from the IRS Lawsuits, Awards, and Settlements Audit Techniques Guide] to both the client, client's Mom, since he already involved her, and the lawyer, if you know who that is.
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Yes, I've had that happen, and if you were typing a 'space' at that moment, you get a blank field. Once I recognized that, I'd always hit 'restore' before moving out of the field, and the name would reappear.
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OMG I love these! Especially 11 and 19.
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An incredible discovery that was recently made in Russia threatens to shatter conventional theories about the history of the planet. On Mount Shoria in southern Siberia, researchers have found an absolutely massive wall of granite stones. Some of these gigantic granite stones are estimated to weigh more than 3,000 tons, and as you will see below, many of them were cut “with flat surfaces, right angles, and sharp corners”. Nothing of this magnitude has ever been discovered before. The largest stone found at the megalithic ruins at Baalbek, Lebanon is less than 1,500 tons. So how in the world did someone cut 3,000 ton granite stones with extreme precision, transport them up the side of a mountain and stack them 40 meters high? According to the commonly accepted version of history, it would be impossible for ancient humans with very limited technology to accomplish such a thing. Could it be possible that there is much more to the history of this planet than we are being taught? For years, historians and archaeologists have absolutely marveled at the incredibly huge stones found at Baalbek. But some of these stones in Russia are reportedly more than twice the size. Needless to say, a lot of people are getting very excited about this discovery. The following comes from a Mysterious Universe article… Alternate history buffs are about to be whipped into a frenzy! OK, maybe not, but they will find this interesting. An ancient “super-megalithic” site has been found in the Siberian Mountains. Found recently in Gornaya Shoria (Mount Shoria) in southern Siberia, this site consists of huge blocks of stone, which appear to be granite, with flat surfaces, right angles, and sharp corners. The blocks appear to be stacked, almost in the manner of cyclopean masonry, and well…they’re enormous! Russia is no stranger to ancient megalithic sites, like Arkaimor Russia’s Stonehenge, and the Manpupuner formation, just to name two, but the site at Shoria is unique in that, if it’s man-made, the blocks used are undoubtedly the largest ever worked by human hands. When I say that this is a new discovery, I am not kidding. In fact, the very first expedition to study these stones happened just a few months ago. Prior to this expedition, there were no known photographs of these megalithic stones. Archaeologist John Jensen is mystified by these ancient ruins, and the following is an excerpt from a post on his personal blog… The super megaliths were found and photographed for the first time by Georgy Sidorov on a recent expedition to the Southern Siberian mountains. The following images are from Valery Uvarov’s Russian website. There are no measurements given, but from the scale depicted by the human figures, these megaliths are much larger (as much as 2 to 3 times larger) than the largest known megaliths in the world. (Example: The Pregnant Woman Stone of Baalbek, Lebanon weighs in at approximately 1,260 ton). Some of these megaliths could easily weigh upwards of 3,000 to 4,000 tons. The super megaliths were found and photographed for the first time by Georgy Sidorov on a recent expedition to the Southern Siberian mountains. The following images are from Valery Uvarov’s Russian website. There are no measurements given, but from the scale depicted by the human figures, these megaliths are much larger (as much as 2 to 3 times larger) than the largest known megaliths in the world. (Example: The Pregnant Woman Stone of Baalbek, Lebanon weighs in at approximately 1,260 ton). Some of these megaliths could easily weigh upwards of 3,000 to 4,000 tons. Another very unusual thing about these stones is that they caused the compasses of the researchers to start behaving very strangely. Here is a link to the full article, which includes lots of pictures as well. http://www.dcclothesline.com/2014/03/11/newly-found-megalithic-ruins-russia-contain-largest-blocks-stone-ever-discovered/ These stones are likely to remain an unsolved mystery for a very long time. But what is abundantly clear is that according to the commonly accepted version of history they should not be there.
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There is what looks like a good article in the November 2013 issue of The Tax Adviser The full article is 16 pages long when I print it, and here is the beginning and a portion of the end: EXECUTIVE SUMMARY As partnerships increasingly offer equity interests to retain valued employees, these employees may be unaware of the employment tax consequences of receiving a partnership interest. Many partnerships continue to treat those former employees who hold partnership interests as employees for employment tax purposes, even though the IRS clearly believes these employee/partners cannot be employees. If the IRS discovers this treatment, the possible consequences go far beyond employment tax liability. For example, it might cause a grant of an unvested partnership interest to fail to qualify for the safe harbor in Rev. Proc. 2001-43. One solution to the tax filing complexity that employees face when they become partners would be for Congress to enact legislation allowing partnerships to file composite partnership U.S. federal income tax returns. Conclusion While treating a partner as an employee for employment tax withholding and remittance purposes may not seem that risky, there are real risks to that position. This article has identified some, and there are no doubt others. Until the tax laws are changed to eliminate those risks, partnerships should give careful consideration before deciding to treat any of their partners as employees. http://www.aicpa.org/Publications/TaxAdviser/2013/November/Pages/Brock_Nov2013.aspx Seems to answer a question that comes up regularly.
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Yes, the Tuition deduction is always available if the other tests like income limits are met.
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From the IRS site: 6. What are the statutory exemptions from the requirement to obtain minimum essential coverage? 9. Not lawfully present. You are not a U.S. citizen, a U.S. national or an alien lawfully present in the U.S. From other sources: Americans who are NOT residents of the USA, do NOT have to participate if you meet the requirements of being a resident of another country (or if you are outside the USA for 330 days or more per year). You can find more details below on Exemptions to ACA and how to qualify as a Non-Resident US citizen at: https://www.healthcare.gov/exemptions/ Exemptions from the ACA requirements and IRS payments Under certain circumstances, you won’t have to make the individual responsibility payment. This is called an “exemption.” You qualify for an exemption if: You are outside the USA for more than 330 days that year, or You’re uninsured for less than 3 months of the year, or You have Medicare, Medicaid, or some VA coverages, or You have such low annual income that you are not required to file with the IRS: see the IRS Interactive Tax Assistant (ITA). The second item (from the Healthcare.gov websites) seems to mean that you can go back to the USA for up to 3 months without getting health insurance, but that is overruled by: You qualify for an exemption to ACA / Obamacare if you are outside the USA at least 330 days per calendar year. (330 day “physical presence” rule)
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Who isn’t unhappy with their taxes? Paying them is never fun. Even dealing with the paperwork can be downright stressful. But please, don’t beat up your tax preparer! It’s one thing to wring your hands over your taxes, or perhaps even to curse a bit. But this customer took his frustration out physically over his tax return. Police arrested and charged an H&R Block customer with assault. Kirkwood, Missouri is a suburb of St. Louis, and the local police arrested Michael Wright, 53, who admitted assaulting an H&R Block employee. Mr. Wright was so upset about his taxes that he pushed his tax man to the ground and tried to choke him. Mr. Wright now faces a third degree assault charge. Although H&R Block didn’t comment on the unfortunate story, Block is simultaneously in the news for a second reason over a disability deal it has reached with the Justice Department. The deal is to remedy alleged violations of the Americans with Disabilities Act (ADA). The deal resolves the government’s allegations that individuals with disabilities have been denied full and equal enjoyment of H&R Block’s tax-preparation goods and services. The alleged problems involve H&R Block’s website www.hrblock.com and its mobile applications. H&R Block is one of the largest tax return preparers in the United States. When you think of Block, you may think of the walk-in stores like the Kirkwood, Missouri location. However, the company has taken advantage of the Internet in a big way. It offers a wide range of services, including professional and do-it-yourself tax preparation, instructional videos, office location information, interactive live video conference and chat with tax professionals. It offers online and in-store services and electronic tax-return filing. On Dec. 11, 2013, the DOJ’s Civil Rights Division and the U.S. Attorney’s Office for the District of Massachusetts filed a complaint in intervention in National Federal of the Blind (NFB) et al. v. HRB Digital LLC et al. to enforce Title III of the ADA. A complaint alleged that H&R Block failed to code its website to make it accessible to individuals with vision, hearing and physical disabilities. Under the terms of the five-year decree, H&R Block’s website, tax filing utility and mobile apps will conform to the Level AA Success Criteria of the Web Content Accessibility Guidelines (WCAG) 2.0. These recognized international industry standards for web accessibility can be found online and are available to help companies ensure that individuals with disabilities can fully and equally enjoy web-based goods and services. According to the decree, the H&R Block website will be accessible for the start of the next tax filing term on Jan. 1, 2015, with additional accessibility deadlines over the following years. H&R Block will also pay $45,000 to the two individual plaintiffs in the case, plus pay a $55,000 civil penalty. A copy of the consent decree can be seen on the ADA website. But however you access H&R Block’s services–or whoever your tax preparer may be–take a deep breath and try to get through this tax filing season without getting arrested. http://www.forbes.com/sites/robertwood/2014/03/08/man-chokes-hr-block-tax-preparer-as-block-settles-disability-case/
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That would be "udderly" ridiculous, Elrod.