T A X     L A W

 

 
   

1. Only one penalty for overstepping the bounds.

A tax exempt charitable ("501(c)(3)") organization is prohibited from allowing any part of its net earnings to inure to the benefit of a private party. In the past, a violation of this provision could result in revocation of the organization's tax exempt status. In 1996, Congress enacted "intermediate sanctions" to punish and therefore deter engagement in "excess benefit transactions" by imposing excise taxes on such transactions. In a recent Tax Court case the IRS sought to impose both the penalty tax and revocation of exempt status. The Court affirmed the intermediate sanction but rejected revocation, finding that such a result would be "unusual".


2. IRS reaching out.

IRS has announced two initiatives for better communication with taxpayers. One is a system for tracking tax refunds online, currently in trial stage and expected to be fully operational for the 2003 filing season. Check "Where's My Refund" on the IRS home page (www.irs.gov). Second, IRS is making it easier to make an appointment with Taxpayer Assistance Center staff by providing local telephone numbers on its website (click on "Individuals", then on "New Telephone Listings for your Local IRS Taxpayer Assistance Office") (The Boston number is (617) 316-2850). An appointment can be made by leaving a message for "Everyday Tax Solutions" assistance.


3. New Adjustments to Income

Did you know that there are two new "above-the-line deductions"? These are adjustments to income which are used in the calculation of Adjusted Gross Income, like the deductible IRA contribution. They don't require the use of itemized deductions (Schedule A) and they don't have any "floor" like Miscellaneous Itemized Deductions. These two new ones are for:

  • Purchase of a "hybrid" automobile - this one-time deduction is for the "incremental cost" of producing a vehicle that uses a clean-burning fuel, with a maximum of $2000. The actual amounts for various hybrid cars will soon be published by IRS.

  • The cost of books and classroom materials purchased by a qualified educator (a teacher, for example), up to $250. IRS recommends that you save your receipts.
 

 

K O T I N ,  C R A B T R E E  &  S T R O N G ,  L L P

 
 
 
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This page updated: August 1, 2002. Copyright © 1999-2004 by Kotin, Crabtree & Strong, LLP. All rights reserved.