Reclassifying Business Expenses as Constructive Dividends
In order to deduct an expense as a business expense, it must be both ordinary and necessary. An ordinary expense is one that is common and accepted in your field of business, and a necessary expense is one that's helpful and appropriate for your business. There are...
Sharing Tax Issues in the Sharing Economy
You may be considered part of the "sharing economy" (also known as the Gig or on-demand economy) in Maine if you provide car rides through a mobile app, rent out your spare room using an online platform or repair computers for local businesses on demand. Participation...
Court Disapproves of Nonexpert Valuation of Key Marital Asset
Lacoste v. Lacoste, 2016 Miss. App. LEXIS 460 (July 19, 2016) A recent Mississippi divorce case highlights the complexity of valuing a small family business as well as the importance of an accurate valuation to achieving an equitable distribution of marital assets....
Unlock the Biggest Possible Deduction for a Home Office
The IRS recently explained a simplified method for claiming the home office deduction that offers a time-saving option. However, many taxpayers who maintain a home office fare better tax-wise by deducting expenses under the regular method, and others may not be...
Chancery Relies on ‘Simple and Powerful’ DCF for Fair Value
In re ISN Software Corp. Appraisal Litig., 2016 Del. Ch. LEXIS 125 (Aug. 11, 2016) A recent request for statutory appraisal prompted a familiar lament from the Delaware Court of Chancery about the questionable reliability of expert valuations. Three experts presented...
Know the Rules for Amending a Federal Income Tax Return
Do you know what to do if you discover an error on a previously filed individual tax return? For instance, you might have missed some tax-saving deductions and credits on your 2016 personal federal income tax return that you filed in February. Or you might have...
Hockey Team’s Meals at Away Games Were a De Minimis Fringe Benefit
Recently, it was ruled by the U.S. Tax Court that the Boston Bruins hockey team's pregame meals to players and personnel at out-of-town hotels qualified as a de minimis fringe benefit under the Internal Revenue Code. Therefore, 100% of the cost of those meals could be...
Tax Court Corrects Prior Valuation of LP Interest to Startling Result
Estate of Giustina v. Commissioner, 2016 Tax Ct. Memo LEXIS 113 (June 13, 2016) (Giustina III) In an estate tax dispute that has lasted for over five years, the Tax Court revalued the decedent’s minority interest in an Oregon family business by order of the 9th...
How the IRS Proves Fraud and Why It Can Be Devastating
A tax assessment by the IRS is generally presumed to be correct, but a taxpayer can overcome the presumption with proof. However, that situation is reversed when the IRS asserts fraud. In those instances, the IRS must prove, by clear and convincing evidence that fraud...
Business ID Theft: Is Your Data at Risk?
Over the last two years the IRS and state tax authorities have made significant strides in curbing individual identity theft. But cyberattacks against businesses are on the upswing. Here are some simple ways business taxpayers can help protect their data from hackers....