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  February 2003 
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This Issue Covers:

S Corps Offer Tax Planning Pluses, But Careful Research is a Must

IRS Penalties Create Nuisance, Relief a Possibility

Are Internet Affiliates Still Good Business?

Update on Mark-to-Market Rules

 

 

 Previous Issue

 

S Corps Offer Tax Planning Pluses, But Careful Research is a Must

With all closely-held corporations, income tax and estate planning are critical issues. S corporations offer their owners a wide range of options for achieving favorable tax treatments. There are also ways S corps can contribute to the care of elderly relatives while providing a solid financial basis for the next generation through estate planning. But such strategies require thought, research, and careful planning. The IRS has much to say about what S corp owners can—and cannot—do in this realm. For example, the business purpose (or a deemed lack thereof) can be critical in the IRS' approach to an S corp's tax planning. Michael Schlesinger, J.D., LL.M., analyzes the tax benefits and potential pitfalls in his chapter "Income Tax and Estate Planning with S Corporations" from his book S Corporations: Tax Practice and Analysis. He also offers a complete look at how S corps stack up against other business forms when it comes to estate and tax planning issues.
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Related Titles to this Article:

S Corporations Guide

Pass-Through Entities Income Tax Refresher CPE Course (2003 edition)

Partnerships and LLCs: Tax Practice and Analysis

Small Business Taxation: Planning and Practice (Third Edition)

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IRS Penalties Create Nuisance, Relief a Possibility

While the IRS asserts the penalties charged to non-compliant taxpayers are mainly there to enhance voluntary compliance, the reality is that penalties generate substantial revenues for the federal budget. Many of these penalties are computer generated, face little review from administrators and are often seen as not worth fighting by many taxpayers because the high cost of hiring representation would outstrip the cost of simply paying a penalty that might be easily challenged. Robert J. Collins spent 34 years on the inside working for the IRS and has a complete understanding of both the official rules that exist on penalties, as well as the actual practice of administering those rules within the IRS. The first two chapters of his new book from CCH, Practitioner's Guide to IRS Tax Penalties, provide a practical overview of penalties and procedures in the IRS, while also giving the practitioner a look at how to win relief from those penalties, which can often be far more onerous than the actual taxes owed.

 Click here for complete copies of chapters one and two from this new book.
 
Click here to order Practitioner's Guide to IRS Tax Penalties
Related Titles to this Article:

IRS Tax Collections Procedure (Third Edition)

Resolving Your Clients' Tax Liabilities: Tax Code and Bankruptcy Code Remedies

Federal Taxation Practice and Procedure CPE Course

U.S. Master State Tax Practice and Procedure Guide

Internal Revenue Manual

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Are Internet Affiliates Still Good Business?

Over recent years, tax professionals have often used two separate companies to handle the brick and mortar and e-commerce ends of a business. The theory is that the separate company for Internet sales could limit its nexus exposure and only have to collect and administer sales and use taxes in a few states at most. Or, in the case of some companies that locate in a no-sales tax state, file no sales and use tax returns at all. Arkansas and California have recently moved to break this strategy by passing laws that say a company with an Internet affiliate must collect sales and use taxes on Internet sales by the affiliate if a related company is doing business in either Arkansas or California. Arkansas' statute is law, while California's died under gubernatorial veto. While many question the legality of such laws, the reality is that states do not like the separate Internet affiliate strategy and are seeking to break it in any way possible. Business practices and customer service are often the chink in the separate company armor, note experts interviewed by CCH's E-Commerce Tax Alert editors. Having stores take returns of items sold over the 'net can bring all of this down by creating an agency relationship. One expert observes that the theory is a good one but retailers have trouble keeping the two operations sufficiently separate.

Click here for a complete copy of this article.
 
Click here to order E-Commerce Tax Alert
Related Titles to this Article:

Multistate Sales Tax Guide

Sales and Use Tax Desk Reference Set

Sales and Use Taxation of E-Commerce -- State Tax Administrator's Current Thinking with CCH Commentary

Understanding and Managing Sales and Use Tax (Fifth Edition)

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When Congress imposed mandatory mark-to-market accounting for securities in 1993, it created a complex system that left many questions unanswered. A decade later, many questions still remain and careful documentation, record retention and ongoing evaluation of business activities are the only strategies to ensure avoiding trouble under Internal Revenue Code Sec. 475, according to Lynne A. Brzezenski, J.D., in a recent issue of CCH's Journal of Taxation of Financial Products. Questions that remain for affiliated groups and taxpayers generally include: the definition of a customer; transitional issues; identification methodologies; treatment of securitization transactions; and appropriate approaches to valuation. While those questions remain, recent changes have cleared some murky issues. For a full report on the changes and clarifications that have come in this area, read "An Update on Code Sec. 475 Mark-to-Market Rules for Affiliated Groups."
 Click here for a complete copy of the article.

To order the Journal of Taxation of Financial Products, click here.
Related Titles to this Article:

U.S. Master Accounting Guide

U.S. Master Auditing Guide

U.S. Master Finance Guide

U.S. Master GAAP Guide

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Spotlight Products:


Journal of Passthough Entities

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Journal of Tax Practice and Procedure

Journal of Tax Practice and Procedure
Emphasizes taxpayer advocacy and the protection of taxpayer and representative rights, analyzes legislative and regulatory changes, and highlights industry shifts that present taxpayer representation issues.

 

Sales and Use Tax Alert

Sales and Use Tax Alert
This newsletter takes a journalistic approach to gathering and reporting the laws and regulations relevant to coping with sales and use tax compliance or multi-state organizations.

 

Journal of Taxation of Financial Products

Journal of Taxation of Financial Products
The first journal devoted exclusively to the analysis of the tax ramifications of financial products offers the most comprehensive coverage ever assembled.

   

Journal of Taxation of Corporate Transactions

Journal of Taxation of Corporate Transactions
Focuses on the relevance of these developments to practical strategies and planning opportunities for professionals and in-house tax practitioners.

 

Journal of Taxation of Global Transactions

Journal of Taxation of Global Transactions
Covers the evolving international tax landscape from the perspective of the U.S. tax laws.

 


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