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Author: Kreig Mitchell

Limits on Amount of Restitution for Tax Crime

If you are convicted of a tax crime and ordered to pay restitution to the government, how is the amount of the restitution determined? Can the government make an estimate? What if third parties already paid the IRS? Do you get credit for these payments? The court addresses these questions in United States v. Ramseur,… Continue reading Limits on Amount of Restitution for Tax Crime

The post Limits on Amount of Restitution for Tax Crime appeared first on San Antonio Tax Attorneys | Mitchell Tax Law.

November 9, 2019
Paying Personal Expenses from Corporate Bank Account

Can you avoid paying tax by paying your personal expenses from your corporate bank account? Is avoiding tax that easy? No, our system doesn’t work that way. The Moacir Santos v. Commissioner, T.C. Memo. 2019-148 explains how the IRS handles these situations. Facts & Procedural History The taxpayer owns a engineering and paving company. It… Continue reading Paying Personal Expenses from Corporate Bank Account

The post Paying Personal Expenses from Corporate Bank Account appeared first on Dallas Tax Attorneys | Mitchell Tax Law.

November 3, 2019
Arguing that the Tax Return You Filed is Incorrect

If your tax return is incorrect and you have pending tax litigation with the IRS, can you argue that the tax return is incorrect? What if the time period for filing an amended tax return is still open? Should the court consider the new argument or should it rely on the incorrect tax return? The… Continue reading Arguing that the Tax Return You Filed is Incorrect

The post Arguing that the Tax Return You Filed is Incorrect appeared first on Austin Tax Attorney | Mitchell Tax Law.

October 26, 2019
Whistleblower’s Claim Limited by IRS’s Discretion

If you turn in a tax cheat by filing a whistleblower claim with the IRS, what happens if the IRS does not realize the importance of the information received? Put another way, what if the IRS leaves money on the table by failing to assess the full amount for the taxpayer? Is the whistleblower entitled… Continue reading Whistleblower’s Claim Limited by IRS’s Discretion

The post Whistleblower’s Claim Limited by IRS’s Discretion appeared first on Austin Tax Attorney | Mitchell Tax Law.

October 23, 2019
Can the IRS Reach Assets in Land Trusts?

Can the IRS reach an interest in real property held in a land trust? If so, what happens if the taxpayer sells the property? Can the IRS recoup the land from the new buyer or is the IRS limited to the proceeds received? The court addresses this in United States v. Harold, No. 2:18-cv-10223 (S.D.… Continue reading Can the IRS Reach Assets in Land Trusts?

The post Can the IRS Reach Assets in Land Trusts? appeared first on Austin Tax Attorney | Mitchell Tax Law.

October 22, 2019
Recover Money Paid to the IRS in Error

What if the IRS gets it wrong and then fails to respond to the taxpayer for several years. Can the IRS then agree with the taxpayer, but argue that the taxpayer responded late? The informal claim doctrine can help in these situations. The Chenette v. United States, No. 19-cv-02998-JCS (N.D. Cali. 2019) case provides an… Continue reading Recover Money Paid to the IRS in Error

The post Recover Money Paid to the IRS in Error appeared first on Dallas Tax Attorneys | Mitchell Tax Law.

October 19, 2019
IRS Revises Passport Certification Process

Did you get a letter from the IRS about your passport? The IRS recently started sending these letters to taxpayers with unpaid tax debts. The letters have generated quite a bit of controversy, which caused the IRS to pause to reconsider how it handles this issue. Here is what you need to know about the… Continue reading IRS Revises Passport Certification Process

The post IRS Revises Passport Certification Process appeared first on San Antonio Tax Attorneys | Mitchell Tax Law.

October 18, 2019
The IRS Summons & When the IRS Fails to Follow the Law

What happens if the law requires the IRS to provide notice to the taxpayer and the taxpayer to provide notice to the IRS and both parties fail to provide the notice? Can the government ignore its failure and enforce consequences for the taxpayer’s failure? The answer is “yes” when it comes to the IRS summons,… Continue reading The IRS Summons & When the IRS Fails to Follow the Law

The post The IRS Summons & When the IRS Fails to Follow the Law appeared first on Dallas Tax Attorneys | Mitchell Tax Law.

October 15, 2019
Qualifying for the Foreign Earned Income Exclusion

As tax attorneys in San Antonio, we see a lot of U.S. citizens whose oil-related jobs require they spend significant time overseas. The wages earned overseas can escape tax in the U.S. This is due to the foreign earned income exclusion. But this exclusion generates quite a few tax disputes with the IRS, which is… Continue reading Qualifying for the Foreign Earned Income Exclusion

The post Qualifying for the Foreign Earned Income Exclusion appeared first on San Antonio Tax Attorneys | Mitchell Tax Law.

October 14, 2019

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