Tax practice

A federal judge has ruled against some of the main provisions of a New Jersey law restricting interest rates and fees that can be charged on tax refund anticipation loans, even though the annual percentage rates average 115 percent.

There are a lot of very good research tools on the market. But what's available for the small practitioner who needs less than high-powered products?

Sen. Joseph Lieberman, I.-Conn., has written a letter to the Internal Revenue Service asking for an explanation of its investigation of a speech by Sen. Barack Obama, D-Ill., at the United Church of Christ.

The Internal Revenue Service is putting together its next Taxpayer Advocacy Panel to make the tax administration system more customer-oriented, but it's already contending with a growing chorus of people who want to see major changes in the agency, if not outright dismantlement.

RSM McGladrey and Axiom Solutions have signed an agreement to offer research and development tax credit services to companies.

There are a lot of very good research tools on the market. But what's available for the small practitioner who needs less than high-powered products?

The Internal Revenue Service said it would begin sending out more than 130 million economic stimulus payments in weekly installments starting May 2, with the distribution schedule based on the last two digits of the recipient's Social Security number.

The Senate has confirmed Douglas H. Shulman as the new commissioner of the Internal Revenue Service.

Sage Software has updated its Sage FAS software with a service update to reflect the economic stimulus package recently enacted by Congress.

IRS IMPROVES ONLINE TAX TOOLSWashington, D.C. — The Internal Revenue Service has improved its online refund-tracking tool and tax information publication. The online version of Publication 17, Your Federal Income Tax, now contains electronic links that allow users to navigate it more quickly. Both the downloadable PDF and HTML version contain more than 800 hyperlinks. The links allow users to jump immediately to other parts of the publication. The HTML version of Publication 17 on the IRS Web site, www.irs.gov, is also accessible to visually impaired taxpayers, in accordance with the Americans with Disabilities Act.

The Government Accountability Office has issued a report on the Internal Revenue Service's performance so far this filing season, including a prediction that the IRS will lose hundreds of millions of dollars responding to calls about tax rebates.

There are a lot of very good research tools on the market. But what's available for the small practitioner who needs less than high-powered products?

The administration’s budget proposal to conform the penalty standards applicable to preparers and taxpayers has been welcomed by tax professionals concerned about possible conflicts of interest between preparers and their clients.The budget, the administration’s blueprint for legislative proposals, also calls for making permanent the 2001-2003 tax cuts, and offers measures to increase savings and investment and to improve compliance with the tax system. Rather than address Alternative Minimum Tax reform, it proposes a one-year patch to keep the number of taxpayers subject to the tax at around 4 million.

While many Washington observers have called much of the tax revenue side of the Bush administration’s Fiscal Year 2009 budget proposals dead on arrival, this year’s “Blue Book” of Treasury explanations nevertheless remains an important tax-planning tool.It underscores what the Bush administration considers are problems remaining to be solved. As such, they are problems that need to be either addressed or “planned around” in the meantime. Here is our take on some of the highlights in making that determination.

The Senate has voted to extend $340 billion worth of President Bush's tax cuts that were due to expire in 2010, but has rejected extensions of some other tax cuts.

The nation's economic policy heads outlined sweeping recommendations to strengthen the nation's credit markets -- calling for stronger licensing standards for mortgage brokers, more duel diligence from credit-rating agencies and stronger trading systems for complex instruments in an effort to avoid another credit meltdown. "Regulation needs to catch up with innovation and help restore investor confidence but not go so far as to create new problems, make our markets less efficient or cut off credit to those who need it," Treasury Secretary Henry Paulson said during a speech at the National Press Club. "We are encouraging financial institutions to continue to strengthen balance sheets by raising capital and revisiting dividend policies; we need those institutions to continue to lend and facilitate economic growth." Paulson, who heads the President's Working Group on Financial Markets, said the recommendations emanate from seven months' work by the group, which is comprised of the heads of the Treasury, the Federal Reserve Board, the Securities and Exchange Commission, the New York Federal Reserve Board and the Commodity Futures Trading Commission. Specifically, the PWG recommended strengthening the credit markets in the following areas: transparency and disclosure, risk awareness, risk management, capital management, regulatory policies, and market infrastructure. Paulson stressed that both state and local regulators need to strengthen oversight of mortgage originators, while credit rating agencies, must "perform robust due diligence" of originators of assets that are securitized or used as collateral for structured credit products. Federal Reserve Chairman Ben Bernanke labeled the recommendations an "appropriate and effective response to deficiencies in our financial framework that contributed to the current turmoil in financial markets," in a release accompanying the working group's policy statement. Securities and Exchange Commission Chairman Christopher Cox said the agency would use its new authority to address rating agency issues to restore investor confidence. "This effort is not about finding excuses and scapegoats. Those who committed fraud or wrongdoing have contributed to the current problems; authorities need to and are prosecuting them. But poor judgment and poor market practices led to mistakes by all participants," Paulson said. Paulson's remarks can be read at: http://www.treas.gov/press/releases/hp872.htm

The Internal Revenue Service has issued a notice with procedures for vehicle manufacturers to certify that a fuel cell vehicle meets the requirements for a tax credit. It also provides guidance to taxpayers who purchase certified vehicles regarding what they must do to use the credit. Under the law, the new qualified fuel cell motor vehicle credit is available to purchasers of qualified vehicles. The amount of the new qualified fuel cell motor vehicle credit is based on the weight of the vehicle and on when the vehicle is placed in service. An additional credit may be available for a fuel cell passenger automobile or light truck based on a comparison of the city fuel economy rating of that vehicle with the 2002 model year city fuel economy of a vehicle in its weight class. For fuel cell vehicles that weigh not more than 8,500 pounds, the base credit amount is $8,000 if the vehicle is placed in service on or before Dec. 31, 2009. The base credit amount is reduced to $4,000 if the vehicle is placed in service after that date. The amount of the credit available for heavy vehicles varies from $10,000 to $40,000, depending on the weight of the vehicle. The purchaser may claim a credit for the certified amount for a fuel cell vehicle if it is placed in service by the taxpayer after Dec. 31, 2005, and is purchased on or before Dec. 31, 2014.

The Internal Revenue Service has awarded roughly $9 million in matching grants to low income taxpayer clinics for the 2008 grant cycle, which runs from Jan. 1, 2008, through Dec. 31, 2008. LITCs are organizations independent from the IRS that provide low-income taxpayers with pro bono or nominal fee representation in federal tax controversies with the IRS. The clinics also provide tax education and outreach for taxpayers who speak English as a second language. IRS Publication 4134, Low-Income Taxpayer Clinic List, provides information on local clinics and contains details about the languages each clinic serves in addition to English. Through the LITC program, the IRS awards matching grants of up to $100,000 a year to qualifying organizations. For the 2008 grant cycle, the IRS awarded LITC grants to 154 organizations representing all 50 states, plus the District of Columbia, Puerto Rico and Guam.

One quarter of all individual tax returns so far this filing season are being processed by the Internal Revenue Service's modernized account information computer system. The Customer Account Data Engine, or CADE, has processed 15.1 million individual tax returns through March 7, more than 25 percent of all those processed so far this year by the IRS. The number of tax returns processed this year by CADE has already topped the 11.2 million returns the system handled for all of last year. CADE, which is at the core of the effort to replace many of the agency's aging systems, dramatically speeds up internal IRS processing, permitting taxpayer accounts to update on a daily basis, rather than the older system's weekly basis. The IRS is rolling out CADE in a series of "releases," each improving on and adding to the system capabilities. The current release, launched in January, permits CADE to process certain 1040, 1040A and 1040EZ forms, as well as Schedules C, E and F for Form 1040 and a number of other IRS schedules, such as the Earned Income Tax Credit.

Sen. Max Baucus, D-Mont., chairman of the Committee on Finance, and Sen. Chuck Grassley, R-Iowa, ranking member, have written to several religious ministries to urge cooperation with an earlier information request from Grassley. The ministry inquiry that Grassley launched last November is meant to gauge the effectiveness of certain tax-exempt policies. "This ought to clear up any misunderstanding about our interest and the committee's role," Grassley said. "We have an obligation to oversee how the tax laws are working for both tax-exempt organizations and taxpayers. Just like with reviews of other tax-exempt organizations in recent years, I look forward to the cooperation of these ministries in the weeks and months ahead." Grassley wrote to six ministries in November, asking a series of questions on the nonprofit organizations' expenses, treatment of donations and business practices. The questions were based on presentations of material from watchdog groups and whistleblowers and on investigative reports in local media outlets. One of the six ministries, Joyce Meyer Ministries of Fenton, Mo., has cooperated substantially with his request and provided the requested information. Benny Hinn Ministries of Grapevine, Texas, has indicated a willingness to cooperate and provided answers to five of the 28 questions so far. Representatives for Randy and Paula White of Without Walls International Church/Paula White Ministries, Tampa, Fla., have verbally indicated to Finance Committee staff that they would cooperate. The remaining ministries have not cooperated, citing privacy protections or questioning the committee's standing to request the information. Baucus and Grassley wrote to them on March 11 to describe the committee's jurisdiction and role in determining the effectiveness of tax policy developed by the committee, distinct from the Internal Revenue Service's role, which is to enforce existing law. The three ministries are: Kenneth and Gloria Copeland of Kenneth Copeland Ministries, Newark, Texas; Creflo and Taffi Dollar of World Changers Church International/Creflo Dollar Ministries, College Park, Ga.; and Eddie L. Long of New Birth Missionary Baptist Church/Eddie L. Long Ministries, Lithonia, Ga.