Income Tax Issues
Tax Articles

Filing Joint Returns Under IRC § 6013 – Consequences and Benefits

IRC § 6013 permits the filing of joint returns by spouses. It should be noted that the Code has not adapted to the times, and it still lists “husbands and wives” as the only persons who may make a single return jointly. For purposes of equality and inclusion, and to stick it to the patriarchy, I will use the term spouses. The most interesting aspect of IRC § 6013 is the ability for a delinquent

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Scott St. Amand April 29, 2021
Income Tax Issues
Tax Articles

Deductibility of Non-Professional Attendant Care Provided by a Family Member

Uncle Bill took a nasty turn on the forklift at work a couple of months back.  That Bill was in a motorized vehicle-related accident came as little shock to your delicate system, after all Bill was (and still is, to your knowledge) the only person in the history of Biddeford, Maine to ever get a DUI on a lawnmower, but he paid for the mayor’s peonies (scattered like the remnants of a ticker-tape parade across

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Scott St. Amand April 29, 2021
Income Tax Issues
Tax Articles

Loss of Consortium Damages Excludable under IRC § 104(a)(2)

A couple of years back, Uncle Bill was in an unfortunate forklift accident.  Bill filed a lawsuit in Maine, where the accident occurred, and in the complaint, Bill alleged that the injuries and damages suffered were the result of acts of negligence, reckless, willful and/or wanton acts of the tannery for whom Bill was employed. The lawsuit requested damages for economic injuries (medical bills), for noneconomic injuries of mental anguish, loss of enjoyment of life,

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Scott St. Amand April 29, 2021
Income Tax Issues
Tax Articles

Ex-Spousal Transfers of Property Long After Divorce

On February 14, 2013, Jethro and Lee Ann’s divorce became final.  Though the divorce was a foregone conclusion in your view, given Jethro’s unrepentant kleptomania and penchant for setting things on fire, still Uncle Bill and Aunt Ethel are torn up about their only son’s marital woes.  You think your lucky stars that you are a tax attorney and stay away from family law like the plague. Nonetheless, you have developed relationships with the family

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Scott St. Amand April 29, 2021
Income Tax Issues
Tax Articles

Reckless (albeit Tax Conscious) Abandonment under IRC § 165

Uncle Bill is somewhat of a hoarder.  In truth, the only thing that he has ever abandoned was his first wife…in a Waffle House at 2:15 AM on the outskirts of Norman, Oklahoma. In Bill’s defense, she had tried to stab him. In her defense, he probably deserved it. When Bill comes to you to chat about IRC § 165 losses—so-called “abandonment” losses—you know he has some hairbrained scheme in his head to stick it

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Scott St. Amand April 29, 2021
Income Tax Issues
Tax Articles

Successor Liability in a Purchase of Corporate Assets

As a tax controversy lawyer, most of your clients come to you in quite a predicament with the IRS, rather than coming to you to avoid said predicament. Such is the case when Cousin Elmer comes to visit you one dismal winter day. You may remember Elmer from our article on FBARs, but if not, Cousin Elmer has seven and a half fingers from trying, rather unsuccessfully, to eradicate his attic’s squirrel population through the

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Scott St. Amand April 29, 2021
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Redefining Your Financial Outlook for Greater Life Success
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Redefining Your Financial Outlook for Greater Life Success Guest Writer:  Michael Longsdon of ElderFreedom.net* It’s a powerful realization that our financial success is deeply intertwined with our money mindset. This article will guide you through the steps to rewire your perception of money and to redefine your financial outlook, opening

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Scott St. Amand November 28, 2023

Can an Estate’s Creditor Compel a Florida Personal Representative to Produce an Estate Tax Return in a Probate Proceeding?

In this article, we examine whether an estate’s creditor may compel a Florida personal representative to produce an estate tax return in a probate proceeding. On Hilda’s Passing & Packers’ Tickets When your Great-Aunt Hilda died, Uncle Bill was appointed as her co-personal representative along with Hilda’s long-time paramour, Wilhelm

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Scott St. Amand October 16, 2023

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Scott St. Amand June 26, 2023

Norberg v. Commissioner
T.C. Memo. 2022-30

On April 5, 2022, the Tax Court issued a Memorandum Opinion in the case of Norberg v. Commissioner (T.C. Memo. 2022-30). The primary issue presented in Norberg v. Commissioner was whether the settlement officer abused its discretion in upholding a notice of intent to levy and denying the petitioners’ request

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Scott St. Amand January 24, 2023

Salter v. Commissioner
T.C. Memo. 2022-29

On April 5, 2022, the Tax Court issued a Memorandum Opinion in the case of Salter v. Commissioner (T.C. Memo. 2022-29). The primary issues presented in Salter v. Commissioner were (i) whether the Code section providing exception from imposition of additional tax resulting from early distribution from retirement plan applied;

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Scott St. Amand November 23, 2022

Middleton v. Commissioner
T.C. Memo. 2022-28

On April 4, 2022, the Tax Court issued a Memorandum Opinion in the case of Middleton v. Commissioner (T.C. Memo. 2022-28). The primary issues presented in Middleton v. Commissioner were (i) whether the taxpayer could challenge the Trust Fund Recovery Penalty at his CDP hearing; and (ii) whether the taxpayer

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Scott St. Amand November 22, 2022