Tax practice

More than a dozen senators have signed on to sponsor a bill that would stop the Internal Revenue Service from using private debt collectors to collect unpaid taxes.Sen. Byron Dorgan, D-N.D., and Sen. Patty Murray, D-Wash. introduced the legislation. Both objected to the plan last year.

An agent of the Treasury Inspector General for Tax Administration has been indicted on seven counts of bank fraud and related charges, according to the Justice Department.According to the indictment, between March 1999 and August 2000, Special Agent John Thomas Jr. conspired with others to fraudulently obtain more than $100,000 in loans from a trio of banks in Jacksonville, Fla. He obtained loans from each bank in the name of computer service provider Zan Tan Man Enterprises, which prosecutors say had no revenues, no experience in the computer field and no employees. If convicted on all charges, Thomas could be sentenced to a maximum term of 185 years in prison and a fine of up to $6.25 million.

The Pension Protection Act of 2006 included a provision, applicable to distributions after Dec. 31, 2006, permitting the rollover of plan assets of a deceased participant in a qualified plan to an IRA for a non-spousal beneficiary. Previously, the law had permitted such rollovers only if done by a participant during their lifetime or, if after death, only to a spousal IRA. Unfortunately, certain restrictions under the new law that are out of a taxpayer/participant's hands may actually prove to be the reason why rollovers by non-spousal beneficiaries will never catch on as a viable tax strategy.The non-spousal rollover provisions may be the latest example of a good rule that provides no incentive for change by those who control the infrastructure - in this case, the plan sponsors and administrators. Some practitioners are hoping for a technical or substantive correction eventually to fix the problem.

In response to requests from Congress, the Government Accountability Office has released a new report outlining a trio of approaches that would reduce the tax gap - while at the same time laying out the significant obstacles that any approach would face.The GAO said that simplifying the Tax Code, or passing fundamental tax reform, could potentially reduce the tax gap by billions. For the 2001 year, the Internal Revenue Service has estimated that errors in claiming tax credits and deductions contributed $32 billion to the tax gap alone. However, the report notes, "these provisions serve purposes Congress has judged to be important, and eliminating or consolidating them could be complicated."

Thanks to a seldom-observed holiday, the Internal Revenue Service announced that taxpayers will have until April 17 to file their 2006 returns and pay any taxes due.April 15 falls on a Sunday in 2007, while April 16 is Emancipation Day, a legal holiday in the District of Columbia.

Only time will tell whether the bane of the 2006 tax filing year for the Internal Revenue Service is the scam-prone telephone tax refunds, or confusion around a number of extender provisions not included on the agency’s original forms that seems destined to arrive soon.The agency urged taxpayers to check and see if they qualify for the telephone excise tax refund after more than 10 million early filers did not request the one-time refund. In the first release of the year’s weekly filing season statistics, about 30 percent of all taxpayers did not request the telephone tax refund. Nearly half of those returns -- more than 4.8 million -- were completed by a tax preparer.

The recent decision by the Financial Accounting Standards Board not to defer the effective date of FASB Interpretation No. 48, despite appeals from companies and industry groups to postpone its implementation, spotlights the radical changes in approach required of financial-statement preparers, auditors and tax advisors.FIN 48, Accounting for Uncertainty in Income Taxes, is effective for fiscal years beginning after Dec. 15, 2006. It establishes a "more-likely-than-not" threshold for the reporting of uncertain tax positions on financial statements. Under the rule, an uncertain tax position may not be recognized unless it is more likely than not that it will be sustained on its technical merits, and there is a more than 50 percent likelihood that it would be sustained if it were challenged and considered by the highest court in the particular jurisdiction.

The Internal Revenue Service has released a fact sheet explaining the 2006 alternative motor vehicle credit allowed for the 44 automobiles certified as eligible.The credit, enacted under the Energy Policy Act of 2005, provides up to $3,150 for taxpayers who purchased qualified vehicles and placed them in service during 2006.

The Internal Revenue Service and the Treasury Department announced that they will work on creating detailed LIFO guidance for automobile wholesalers, manufacturers and dealers.The accounting issue confronting the automobile industry -- which involves the proper treatment of the dollar-value, last-in, first out inventory method for pooling purposes of “crossover vehicles,” which have characteristics of both trucks and cars -- was selected for the Industry Issue Resolution Program, which provides guidance to help clarify complex tax issues

Citing a bit of wisdom from Kenny Rogers, the U.S. Tax Court ruled that tournament poker is gambling, not a sport, and thus not exempt from the Section 165(d) limitations of the tax code.In a matter brought by George and Gloria Tschetschot of Cedar Rapids, Iowa, the couple argued that Gloria’s professional tournament poker playing was not gambling, and thus was not subject to limitations on losses from gambling.

Maybe not surprisingly, an overwhelmingly majority of taxpayers recently surveyed agreed that it is “not at all” acceptable to cheat on income taxes.The Internal Revenue Service Oversight Board cited said that 86 percent of respondents to its 2006 Taxpayer Attitude Survey, in concluding that there was strong continued taxpayer support for compliance. The percentage was down slightly from last year’s figure, but still within the margin of error.

The California Society of CPAs passed the 30,000-member threshold in late January.In a statement announcing the milestone, the society credited a continuing “trend of California CPAs flocking to CalCPA for advocacy, technical guidance and professional resources” for boosting its numbers.

The Internal Revenue Service said that it will renew contracts with two out of the three private agencies it signed to participate in a pilot program outsourcing debt collection. Conspicuously absent from that announcement was the fate of that third agency.The IRS said yesterday that it would extend the contracts of Waterloo, Iowa-based CBE Group Inc. and Arcade, N.Y.-based Pioneer Credit Recovery Inc., a unit of SLM Corp. The new contract will run through March 8, 2008.

The Internal Revenue Service announced the selection of 16 new members for its advisory council. The appointees will join 11 returning members who are in the last year of a three-year term.The council members are scheduled to meet in Washington, D.C. several times in 2007, with a public report to be provided during a meeting open to the public on Nov. 15.

Pharmaceutical giant Merck & Co. announced that it would settle a number of tax disputes with the Internal Revenue Service at a net cash cost close to $2.3 billion.

The Internal Revenue Service and the U.S. Treasury announced that they have released guidance on the estimated tax penalty for citizens or residents of the United States living and working abroad.The Tax Increase Prevention and Reconciliation Act of 2005, which was enacted in May 2006, changed the maximum amount of foreign earned income and housing costs that can be excluded from gross income -- increasing the maximum amount of foreign earned income that may be excluded from gross income to $82,400 and limiting the amount of housing costs that may be excluded or deducted.

A review of the Internal Revenue Service’s response to the flooding of its national headquarters in the summer of 2007 has found that the displacement of the office’s 2,200 employees had no measurable impact on taxpayers and tax administration.The report, from the Treasury Inspector General for Tax Administration, attributed that result to the nature of the work performed at the site, as well as the contingency plans the IRS had in place -- but did note ways to cut down on more than $4 million of salary costs associated with the natural disaster.

The latest American Institute of CPAs' Statement on Standards for Tax Services has some practitioners upset that it could hurt smaller firms that are primarily engaged in tax preparation.SSTS 9, available on the AICPA Tax Center Web site, was released a year ago in proposed form and is slated to go into effect on June 30, 2007. It "sets forth the applicable standards for members concerning the obligation to have a system of quality control for their tax practice (public practice) or function (nonpublic practice)."

Liberty Tax Service announced the acquisition of eSmartTax, the income tax preparation business of San Jose, Calif.-based C&S Technologies. Financial terms of the deal, which does not include C&S's payroll-tax-related filing services, were not disclosed.The eSmartTax acquisition will allow Liberty customers to prepare and file individual tax returns on the Internet through the company's Web site, or through the Internal Revenue Service's Free File Alliance site.

Partnership taxpayers can now use the modernized e-File platform when filing Form 1065, "U.S. Return of Partnership Income," and Form 1065-B, "U.S. Return of Income for Electing Large Partnerships."The modernized platform makes use of Extensible Markup Language, and allows users the additional benefits of transactional processing instead of batch processing, allowance for binary file attachments, elimination of the duplicate filing of international returns, and a federal/state partnership program.