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How the IRS Weighs “Reasonable” Versus “Reckless” When Payroll Taxes Go Missing

  • 24 July 2017
  • Author: Alexander Carr
  • Number of views: 3088
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How the IRS Weighs “Reasonable” Versus “Reckless” When Payroll Taxes Go Missing

At face value, it seems the IRS has a very low barrier to personally penalize a member of business management when payroll taxes withheld from employee paychecks (called trust fund money) aren’t submitted to the IRS. Time after time, the IRS seems to win these cases. What it really comes down to is whether the stakeholder knowingly and recklessly disregarded the risk of non-payment. It’s why a Seinfeld icon and soup mogul was recently on the hook for back taxes (read that story here) and why tax practitioners rarely seem optimistic when the IRS claims a trust fund penalty is due. However, a recent case shows there is light at the end of the tunnel and that light is called “reasonable belief.”

Boston Bruins Just ICED THE IRS IN TAX COURT!

  • 20 July 2017
  • Author: Alexander Carr
  • Number of views: 1250
  • 0 Comments
Boston Bruins Just ICED THE IRS IN TAX COURT!
The Boston Bruins professional hockey team just won a huge victory, only it wasn’t on the ice rink. Instead, it was in Tax Court. In a recent surprise ruling (see  Jacobs v. IRS, 148 T.C. No. 24

), the Tax Court ruled that the owners of the team  may deduct the entire cost of away game pregame meals as a qualifying de minimis fringe benefit.

Why “Pleading the Fifth” Doesn’t Work in Tax Cases

  • 11 July 2017
  • Author: Alexander Carr
  • Number of views: 3616
  • 0 Comments
Why “Pleading the Fifth” Doesn’t Work in Tax Cases
From corporate leadership to government officials, it seems invoking the Fifth Amendment and declining to provide information during legal proceedings has

become popular. But if you assume the tactic can be used as a defense for not filing taxes, think again.

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