INCOME TAX UPDATES
RICHARD M. COLOMBIK, JD., CPA
RICHARD M. COLOMBIK & ASSOCIATES, P.C.
COLOMBIK?S LATE BREAKING TAX TIPS
HOT CLUB COOLS OFF IRS
In Marlar, Inc. v. United States, 70 Aftr. 2d. 96-6046, an adult entertainment club owner
was granted a refund of Employment Taxes pursuant to the Safe Harbor Provision, Section 530 regarding independent contractors versus employees. The club owner alleged that the dancers hired by the club were, in fact, lessees who paid rent to the club owner for reduced shifts and did not receive wages. They did receive money paid for the drinks, as well as tips that they earned. Evidence was introduced to show that a substantial segment of the adult entertainment industry treated dancers as lessees. Therefore, summary judgment was granted that the club fell within the Safe Harbor and the dancers were not employees.
DOCTOR CAN?T CLAIM HE FORGOT
In Korshin vs. Commissioner, 78 Aftr. 2d. 96-6056, an anesthesiologist had not filed tax returns or paid his income tax for six consecutive years. The doctor came under criminal investigation for his failure to file and he then filed his income tax. The government asserted negligence penalties for the failure to file and pay. The doctor asserted that he believed his deductible expenses would exceed his income and, therefore, the IRS would bill him for his debt. The court determined that this belief was not reasonable and did not rebut the determination of negligence.
1099?S TO INCLUDE PHONE NUMBER
The Taxpayer Bill of Rights requires payee?s statements, 1099, 1098, W2-G, etc., to include a phone number to provide access to a person who can answer questions about the statement. The new requirement applies to payee statements due by January 31st, 1997. Because the requirement was enacted after the 1996 information returns were printed, the IRS is waiving penalties that would otherwise apply for failure to include a phone number. The waiver only applies if the return filer includes the phone number on the next statement required to be filed, generally, 1997, due in 1998.
TAXPAYER LOSES FOR RELYING ON IRS
In Elgart & Glassman vs. Commissioner, TCM 379, a Tax Court petition was dismissed because it was not timely filed. That, in and of itself, does not make one take notice. What occurred, however, is the taxpayers requested the IRS to inform them what was the last date they could file their Tax Court petition and still have it be ?timely filed?. The IRS on two occasions informed the taxpayers that the final date for filing was March 14th, 1996. The taxpayers filed their petition by U. S. Mail on March 14th, 1996. The IRS moved to dismiss the case because the actual deadline for filing was March 13th, 1996.
The court noted that the IRS cannot waive jurisdictional requirements and jurisdiction cannot be established by estoppel. Therefore, even though the taxpayer relied on IRS employees, the Tax Court was without jurisdiction to hear the case.
The moral of the story, contact your tax lawyer and have your tax lawyer determine when your petition is due. If your attorney errs, you may have recourse. If the IRS errs in many cases, you don?t.
ABOUT THE AUTHOR
Richard M. Colombik is a tax partner in the Des Plaines headquartered firm of Richard M. Colombik & Associates, P.C. Mr. Colombik concentrates his practice on IRS Tax Defense, Estate Planning and Asset Protection Plans for individuals as well as corporate clients. He received his B.S. Degree in Business from the University of Colorado and his J.D., Cum Laude, from the John Marshall Law School. He is also a Certified Public Accountant. Mr. Colombik has spoken at numerous engagements and is a well publicized author regarding Income Tax, Estate Tax and Asset Protection Planning. He is currently a member of the Illinois State Bar Association?s Trust and Estate Section Council, an officer in the Northwest Suburban Bar Association and the American Association of Attorney CPAs, as well as a member in the Offshore Institute and the State Bar?s liaison to the Internal Revenue Service and the past Chair of the ISBA Federal Taxation Section Council.