Substantiating Business Expenses in Audits – Step Three: Proving a Business Expense is “Ordinary”

Substantiating business expenses is a common problem for many businesses going through an audit with either the Internal Revenue Service (IRS) or the Minnesota Department of Revenue (MDR). In previous blog articles, we addressed the first and second steps of a four step process in an IRS or MDR substantiation audit. This article will focus [...]

Conservation Easements – Subordinating Mortgages

There are many tax and social benefits to gifting a conservation easement. Unfortunately, some taxpayers are in too much of a hurry to make the contribution and do not complete all of the steps necessary to receive all of the tax benefits. The U. S. Tax Court, in Minnick and Lienhart v. Commissioner, T.C. Memo [...]

Real Estate Professional – Maintaining Adequate Records

Doing well in a full time job is hard enough, but some people, for many reasons, spend significant time, energy, and money away from their “regular job” trying to build themselves a better future through real estate. They often feel like they spend every waking hour away from their regular job dealing with their real [...]

Substantiating Business Expenses in Audits – Step Two: Proving a “Trade or Business” Incurred the Business Expenses

Substantiating business expenses is a common problem for many businesses going through an audit with either the Internal Revenue Service (IRS) or the Minnesota Department of Revenue (MDR). In a previous blog article, we addressed the first step of a four step process in an IRS or MDR substantiation audit: proving the payment of expenses. [...]

Relief for Businesses Using Independent Contractors: Section 530 is Still a Viable Option

This is the first article in a series dedicated to using Section 530 of the Revenue Act of 1978 as protection for businesses that have been using independent contractors, in good faith, but are now facing an IRS or State of Minnesota audit of that practice. Section 530 may be 34 years old, but it [...]

Valuations Misstatements and the IRS Accuracy Penalty (IRC Section 6664(c))

I have been watching the tax cases dealing with building facade easements for insight into how the IRS and the courts are reacting to the significant deductions being taken by partners in real estate partnerships. These partnerships generally buy a building, develop it, and contribute a restrictive easement to an historic preservation nonprofit organization. (See [...]

IRS Statute of Limitations on Assessment for Individual Income Taxes: Exceptions and Considerations

Taxpayers and representatives often ask us: how long does the IRS have to make changes to an individual income tax return and assess additional taxes? Another way to phrase this question is: how long is the IRS’s “statute of limitations on assessment” for individual income taxes? In most cases, the answer is that the IRS [...]

Can I Recover Income Tax Refunds When I File My Returns Late?

Many individuals and businesses fail to file their income tax returns for multiple years for a variety of reasons, usually stemming from life and business pressures that made it almost impossible for them to file their returns. When they finally have the time and motivation to prepare and file the returns, they realize that they [...]

IRS Audits: The Administrative Summons and Defending Against the Administrative Summons

One of the most critical issues a taxpayer can face during an IRS audit is deciding what information to provide to the IRS. The IRS will typically request information either informally through an Information Document Request (IDR), or formally through an Administrative Summons (Summons). Deciding how to respond can depend on which type of request [...]

Substantiating Business Expenses in Audits – Step One: Providing the Documents

Substantiating business expenses is a common problem for many businesses going through an audit with either the Internal Revenue Service (IRS) or Minnesota Department of Revenue (MDR). The IRS and MDR have expectations of what they believe to be proper record keeping. Meeting these expectations can be difficult and the requirements can vary depending on [...]

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