Tax planning

The U.S. Department of Justice has asked a federal court in Fresno, Calif., to bar the former manager of a Jackson Hewitt franchise from preparing federal income tax returns.

Like most everyone else, Congress will return from its summer vacation in the coming week.

When I was child and invited to a birthday party, I almost always left with a bag of goodies, usually candy, maybe a lollipop, some chocolate bars, sour balls, and probably a piece of licorice.

In consideration of the continuing impact of Hurricane Katrina, the Internal Revenue Service has further postponed filing and payment requirements for businesses until Oct. 16, 2006, which is the same deadline established earlier for certain individual income tax return filers.The postponement now applies to individual, corporation, partnership, estate, trust, S corporation, generation-skipping, employment and certain excise tax returns with original or extended due dates that fall on or after Aug. 29, 2005, but before Oct. 16, 2006.

Tax and accounting software provider CCH, a Wolters Kluwer business, said it now offers Sales Tax Load Utilities for Sage Software, integrating CCH-supplied sales and use tax rates with such Sage accounting lines as MAS 90, MAS 200, MAS 500 and Accpac.CCH said that its Sales Tax Load Utilities eliminate tax managers having to track and manually update tax rates within their Sage accounting systems. Users can download monthly rate change information and load it directly into their accounting system tax tables.

The Internal Revenue Service announced that a draft of Form 8888, "Direct Deposit of Refund," a new form for taxpayers who opt to split their refunds among accounts, is now available for public comment.

After nine years, a federal report says that college tuition tax credits aren't necessarily providing the boon originally intended for poorer families.

By now, readers of this space are well aware of my skepticism about the efficiency of any program that is government-run. No matter how well-intentioned, they never turn out quite the way they're presented to those charged with initial approval.

The New York State Society of Public Accountants, the oldest state accounting association, representing approximately 30,000 CPAs, has offered certain suggestions regarding pending legislation in Congress affecting estate planning-- specifically emphasizing the pressing need for certainty and ease of administration with respect to the transfer tax.

A trio of state accounting boards have objected to the 'jointness' of a joint project from the Financial Accounting Standards Board and the American Institute of CPAs to form a committee to look at the financial accounting and reporting standard-setting process for private companies.

A federal appeals court ruled that the government can't tax cash settlements plaintiffs receive for emotional distress and other "intangible injuries."

The trio of private debt collection agencies the Internal Revenue Service selected for a pilot program will soon be able to come knocking.

A Salt Lake City man was sentenced to 60 months in prison for a tax fraud scheme centered on a fraudulent trust scheme, the Department of Justice and the Internal Revenue Service announced.

Application service provider technology, once described as "the next big thing to still be coming," has turned the corner on acceptance, as its advantages are winning over converts from large firms to smaller tax prep shops.Once offered only by industry giants Wolters Kluwer and Thomson, models from a number of new software providers are either in beta testing or preparing to enter the market.

Accountants and other tax practitioners are facing a minefield of new liability dangers as a result of the actions of tax shelter promoters who patent their tax reduction strategies, legal experts warned Congress.Testifying recently before the House Ways and Means Subcommittee on Select Revenue Measures, Internal Revenue Service Commissioner Mark Everson outlined a nightmare scenario for accountants who advise clients on estate and gift tax issues - only to discover that the tried-and-true tax reduction strategy that they recommended has been patented by another practitioner.

Sen. Max Baucus, D-Mont., ranking minority member of the Senate Finance Committee, has threatened to hold up President Bush's nominee for the Treasury's top tax position, unless the department agrees to provide a comprehensive plan to close the tax gap by the end of September.Baucus said that neither assistant Treasury secretary nominee Eric Solomon nor new Treasury Secretary Henry Paulson had agreed to meet a Sept. 30 deadline for a plan to close the gap - the difference between taxes collected and taxes legally owed. Various estimates have put the hard-to-quantify number at upwards of $300 billion annually.

IRS ISSUES SPRING '06 SOI BULLETIN: The Internal Revenue Service announced the release of its Spring 2006 issue of the Statistics of Income Bulletin. For the first time, the bulletin takes a detailed look at individual non-cash charitable contributions. The bulletin also includes information about high-income individual income tax returns for the 2003 tax year, S corporation returns for 2003, split-interest trusts for the 2004 filing year, controlled foreign corporations for the 2002 tax year, and the accumulation and distribution of IRAs for both the 2001 and 2002 tax years.For Tax Year 2003, individuals reported non-cash donations valued at $36.9 billion. Of these donations, corporate stock was the largest type, with 37.2 percent of the total value deducted. The average value of these stock donations was $79,279 per return. The largest number of donations reported was for clothing, representing 48 percent of all donations. Foundations were earmarked as the recipients of more than 30 percent of donations. Also, in the 2002 tax year, individual income taxpayers contributed approximately $42.3 billion to IRAs, representing an 18 percent increase over 2001 contributions. More than $204 billion flowed into IRAs during 2002 as rollovers, up from $187 billion in 2001 and most coming from employer-sponsored plans, such as 401(k) plans. Another $3.3 billion was converted from traditional IRAs into Roth IRAs.

The National Taxpayer Advocate, the watchdog of the Internal Revenue Service, has singled out offers in compromise and refund anticipation loans for special focus in her menu of tax issues to address during the coming year.The "areas of emphasis" detailed in her mid-year report to Congress are critical to the IRS fulfilling its mission to U.S. taxpayers, according to NTA Nina Olson. Other areas she tagged for focus are:

Warning: Tax strategies are now being carved out as private property, patented through the U.S. Patent Office.The practice started with a trickle in 1998, and is now becoming a steady stream threatening to overflow its banks. How does this development affect the tax practitioner? Will a practitioner be subject to a patent infringement suit for using a particular technique that has been "making the rounds?" Should practitioners begin applying for patents on strategies that they have discovered in solving a particularly thorny problem for a client?

Here's hoping the little noticed one-day kick-off for tax reform, held by the Senate Finance Committee last month, amounts to more than window dressing in the struggle for meaningful tax reform and simplification.