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Archive for John Dundon

Federal Tax Deduction Allowed For Gluten Free Diet With Physicians Prescription

John Dundon, Gluten Free Diet Tax Deduction

Many people suffer from Celiac’s disease.  To be eligible to deduct the excess costs of a gluten-free diet under Internal Revenue Code Section 213, you must have a documented reason to require the observance of a gluten-free diet, along with a physician’s prescription to follow a gluten-free diet. This should provide sufficient documentation of eligibility.

The excess cost of gluten-free food can be deducted if you can deduct expenses paid for medical care for yourself, a spouse, or a dependent, to the extent the aggregate expenses exceed 10 percent of adjusted gross income.

If you meet both criteria above and choose to itemize deductions start collecting receipts and record them regularly. Download a spreadsheet from the Celiac Sprue Association for calculating the deductible expense.

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IRS Penalty: What Is Reasonable Cause?

IRS penalty relief brings big business opportunities for astute tax practitioners as the IRS does indeed have the authority to provide relief from various penalties if you know how to do the dance.

In 2014 the IRS abated either in part or in full approximately 12.3% of the 40.3 million penalties issued reducing penalty assessments paid by US Taxpayers up to $9.8 billion.

According to the IRM, relief from penalties can fall into one of four separate categories.

  • Reasonable cause.
  • Statutory exceptions.
  • Administrative waivers.
  • Correction of IRS error.

This post drills down into Reasonable Cause. The IRS bases reasonable cause on all the facts and circumstances of each individual case file and it allows for relief of penalties as per IRM 20.1.1.3.2.

The IRS grants reasonable cause relief when you exercised ordinary business care and prudence in determining your tax obligations but nevertheless were unable to to timely comply with those obligations.

IRS Policy Statement 3-2 provides a very limited list of ’causes’ which can be ‘reasonable’ for late filing of a return or failure to deposit or pay tax when due (IRM 1.2.12.1.2).

Examples of sound causes for delay which can be accepted as reasonable cause include:

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The New Draft Version 2019 IRS Form W-4 Is A Rage Inducing Abomination

John Dundon,2019 Draft W-4

The New Draft version 2019 Form W-4 is a rage inducing abomination.

When I first looked at the new Draft version of the 2019 Form W-4 Employee’s Withholding Allowance Certificate my initial reaction was rage.  Yes, rage! Rage towards an unnecessary yet profound encroachment of privacy by our federal government. When you view the form you will see that you now must report for the love of the almighty two very private pieces of data to your employer:

  1. All other income earned outside your job
  2. Total itemized deductions.

Your employer has no business knowing this information about you! What is happening?

Thanks to the eukaryote dimwits in charge (e-DICs), the budget busting, deficit exploding Tax Cut & Jobs Act (TCJA) now requires that “your employer” calculate “your” income tax withholding in a different way than before. This is accomplished by imposing upon you in exchange for gainful employment an obligation to prepare, sign (under penalty of perjury) and submit to your employer IRS Form W-4.

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It Matters In Determining If The Accuracy Penalty Applies – Negligence  VS. Disregard

It matters in determining if the accuracy penalty applies when negotiating with the IRS. Section 6662(c) and Reg. §1.6662-3(b) provide the following definitions and guidance.

Negligence includes any failure to make a reasonable attempt to comply with the rules or regulations or to exercise ordinary and reasonable care in the preparation of a tax return.

It also includes any failure by the taxpayer to keep adequate books and records or to substantiate items properly.

Negligence Is Strongly Indicated Where:

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How To Formulate An IRS Penalty Abatement Request

Greetings fellow tax nerds! Perhaps life might suck for me at present but lately, there seems to be nothing more satisfying than making tax penalties go away. Think about it. You’re a good person. You work hard. You struggle every day to do right. Then all of a sudden something changes. It appears innocuous.

Your busy and it gets blown off. Happens all the time. Three years later the IRS sends you a letter asserting that you are guilty and you are indeed guilty as charged. I’ve grown exhausted by toothless IRS letters and more so the reprobate tax collection practice of preying on taxpayer fears of the IRS…for profit.

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How To Submit A Reasonable Cause Claim To The IRS For Penalty Abatement

John Dundon, Tax Advisor, Tax Blog, Denver, Colorado, USA, TaxConnections

If you have not filed your personal income tax form (1040), generally, you should get the tax form filed ASAP without consideration for the yet to be assessed penalties.

Then exercise patience.

Wait for the IRS to assess the penalty and then send a reasonable cause explanation to the address indicated on the notice from the IRS. This way you mitigate all sorts of procedural kerfuffles. Read more

Navigating The Shoals Of IRS Penalty Abatement – Types Of Defense (Part II)

Now that you may have missed the income tax filing and payment deadline perhaps it is a good time to understand how to cope with penalization as it can get woefully expensive – not to mention mind numbing – if you go about it have baked.

There are a handful of defenses you can attempt to assert when it comes to navigating the shoals of IRS penalty abatement, chose with care and proper counsel.

The key IMHO is to comport yourself with law abiding dignity whilst deliberately navigating through these general options, including: Read more

Navigating The Shoals Of IRS Penalties

John Dundon, Tax Advisor, Tax Blog, Denver, Colorado, USA, TaxConnections

For those of us inclined to the proverbial ‘head-bury’ strategy with Big Brother, it is best to understand the civil penalties assessed when IRS systems catch up – as measured in tangible $$ out the pocket. For the brave of heart, navigating the shoals of IRS Penalties can be intimidating to comprehend but it is far from rocket science.

Understanding IRS civil penalties starts with picking up Part 20.1 of the Internal Revenue Manual (IRM).  Here you will find guidance on all areas of civil penalties imposed by the Internal Revenue Code (IRC).

Criminal penalty provisions are contained in IRM 9.1.3 and beyond the scope of this post. Read more

5 IRS Penalties Changed Under The Tax Cuts And Jobs Act Of 2018

John Dundon, Tax Advisor, Denver, Colorado, USA, Tax Blog, TaxConnections

This post contains cocktail party killer one liners about how 5 IRS Penalties Changed Under the Tax Cut and Jobs Act of 2018.

My editor also quipped that reading this post helps with insomnia as well. So if you are looking to either kill a party and/or fall asleep faster please continue reading.

If you are a tax practitioner however, you better know this stuff and with all due respect – most do NOT.

The 5 big changes are summarized as follows: Read more

What You Should Know About Your Form W-2

John Dundon, Tax Advisor, Tax Blog, Denver, Colorado, TaxConnections

It’s tax time, and you need your Form W-2, Wage and Tax Statement from your employer(s) to file an accurate federal tax return. You should have received this form by January 31.

If you did not get it by now check with your employer to make sure they have your correct address.

If the employer(s) in question have your correct address and the W-2’s have not arrived by the end of February you must still file your income tax forms and pay any income taxes due on time. Not to worry. Read more

Reporting Casualties Under The New US Personal Income Tax Regimen- Thefts Not So Much

John Dundon, Tax Advisor, Denver, CO, TaxConnections

The new Tax Cuts and Jobs Act (TCJA) amends Internal Revenue Code Section 165further restricting our ability as individual taxpayers to write off CASUALTY LOSSES going forward solely to ‘disaster areas’ as declared by the POTUS.

Say whaaaat ?!?!?!?!?!?!?!?

Effective immediately this new restriction detailed in the US Tax Code WILL HARM ANYONE who falls victim to any tragedy that does not rise to a less than fully clear standard set by our beloved Twitter-In-Chief, aka #StableGenius (presently ‘trending’). Read more

Year-End Moves In Light Of Tax Cuts & Jobs Act

John Dundon, Tax Connections

With the new Tax Cut & Jobs Act Congress is enacting the biggest tax reform law in thirty years, one that will make fundamental changes in the way you, your family and your business calculate your federal income tax bill, and the amount of federal tax you will pay. Since most of the changes will go into effect next year, there’s still a narrow window of time before year-end to soften or avoid the impact of crackdowns and to best position yourself for the tax breaks that may be heading your way. Read more

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