Written by: Theodore M. David, Chair Emeritus, Tax Law Committee

1) It’s All About the SALT

Salt is not inherently “bad”—it is an essential electrolyte required for nerve impulses, muscle function, and fluid balance. However, it becomes harmful when consumed in excess, which is the case for approximately 90% of Americans.

The primary reasons excess salt is bad for your health include:

1. Increases Blood Pressure (Hypertension) Salt contains sodium, which attracts and holds water in your bloodstream. This increases the total volume of blood moving through your blood vessels, putting extra pressure on artery walls. Over time, this “silent killer” can injure blood vessel walls and lead to: Heart Disease and Heart Failure: The heart must work harder to pump the extra volume. Stroke: High blood pressure is a leading cause of strokes

2. Damages Vital Organs Kidneys: Excess sodium makes it harder for your kidneys to filter blood, which can lead to kidney disease, kidney stones, and scarring of the organ. Heart Muscle: High salt intake can lead to an enlarged heart muscle (left ventricular hypertrophy).Stomach: Some studies suggest a high-salt diet increases the risk of stomach cancer by encouraging the growth of H. pylori bacteria.

3. Affects Bone Health: High salt intake causes the body to excrete more calcium through urine. If blood calcium levels drop, the body may leach calcium from bones, increasing the risk of osteoporosis and bone thinning.

4. Immediate and Short-Term Effects Water Retention: This causes bloating and puffiness in the face, hands, ankles, and feet. Poor Sleep: Excessive salt intake, especially before bed, can trigger sudden urges to drink water or urinate, leading to restless sleep. Headaches: High sodium can cause blood vessels in the brain to expand, triggering headaches in some people. Even a single salty meal can trigger noticeable symptoms. Americans consume about 3,400 mg of sodium daily. The FDA and CDC recommend limiting daily sodium intake to 2,300 mg (about one teaspoon of salt).

Now you realize you must put your saltshaker in the dustbin. But not all SALT is harmful. Perhaps the most significant individual benefit of that big beautiful tax bill was increasing the SALT deduction for state and local taxes to $40,000 for 2025. What that means is your ability to deduct state and local taxes that have been paid during the tax year. Up to last year, the cap was $10,000. After much wrangling in Congress, it was increased to its current $40,000. It is scheduled to increase to $40,400 for 2026. Single people can deduct the same $40,000. Married filing separately are limited to $20,000.

Beginning in 2030, the cap will revert to $10,000 unless legislation changes it. For us in New Jersey, this is big news since in most places the taxes on your two-car garage can approach the maximum! The deduction is phased out once modified adjusted gross income exceeds $500,000 for 2025. This MAGI is not your AGI on your Form 1040; it is a recomputation that includes items not taxable or allowable. By the way, a phaseout is a way for politicians to appear to grant a tax deduction on its face and then use a computation to take it away.

So how much can you deduct? The amount consists of property taxes plus local and state income taxes. You must claim itemized deductions on Schedule A on Form 1040. Some taxes don’t qualify: federal taxes, transfer taxes, inheritance taxes, stamp taxes, homeowner’s association fees, and service charges for water, sewer, or trash collection. Taxpayers and their representatives must calculate whether they are better off itemizing deductions, since in recent years they may have automatically used the standard deduction. Like the real salt, this stuff may give you a headache, but it is well worth the effort.

Best Wishes for a Bright and Peaceful Holiday Season and a 2026 with Lower Taxes and Higher Joy*

*Yes, this is my Xmas card substitute

Questions or comments should be emailed to: Tdavidlawyer@gmail.com

 

Written by: Theodore M. David, Chair Emeritus, Tax Law Committee

Current Items: 

  • Thanksgiving, Pardons and Tax Fraud

Thanksgiving Day holds a unique and enduring place in American culture, blending gratitude, history, and community into a single national celebration. Its importance today reaches far beyond the dinner table. For many, it represents a dedicated moment to pause, reflect, and appreciate the people and experiences that enrich their lives. Families gather from near and far, traditions are revisited, and a shared meal becomes a symbol of unity and thankfulness. Yet the modern holiday has deep historical roots that shape its meaning as much as the present-day customs do.

The origins of Thanksgiving trace back to 1621, when the Pilgrims at Plymouth Colony held a harvest feast after surviving their first challenging year in the New World. With help from the Wampanoag people—who taught them vital agricultural practices—the Pilgrims were able to produce enough food to sustain their community. The shared meal between the colonists and the Wampanoag is often cited as the “First Thanksgiving,” although it was not initially considered a national holiday. It was, instead, a regional gathering centered on gratitude for survival and blessing.

Thanksgiving evolved significantly over the centuries. During the American Revolution, the Continental Congress issued proclamations urging days of thanks for victory and resilience. Later, in the 19th century, writer Sarah Josepha Hale campaigned tirelessly to establish Thanksgiving as a national holiday, arguing that it would strengthen American unity. Her efforts succeeded when President Abraham Lincoln, seeking to heal a nation divided by civil war, declared Thanksgiving a national holiday in 1863. He emphasized its purpose as a day for Americans to come together in gratitude, despite hardship.

Today, Thanksgiving stands as both a cultural tradition and a reminder of America’s complex history. While the holiday celebrates ideals of generosity and togetherness, it also encourages reflection on the experiences of Indigenous peoples and the broader historical context surrounding early colonial encounters. This dual perspective enriches the meaning of the day, inviting gratitude that is thoughtful rather than superficial.

Ultimately, Thanksgiving endures because it speaks to universal human values. It invites people to slow down, recognize their blessings, acknowledge their history, and share meaningful moments with others. In a fast-paced world, that reminder remains as important as ever.

Okay, so I didn’t write that. Came right out of cyberspace. I had planned to write a historical essay on the role of Thanksgiving, but instead, I just asked ChatGPT to write it for me. It was way too good than anything I could have written. But it got me thinking about the kindness traditionally shown to various turkeys this time of year. There are, of course, the feathered kind that go gobble gobble—and then there are the other “turkeys,” the true birdbrains whose misdeeds are far more serious, yet who sometimes still manage to walk away unscathed.

Recently, the IRS Criminal Investigation Division, as it does every holiday season, posted on its website a roundup of tax cheaters who have been sentenced for their violations—an annual reminder meant to encourage the rest of us to stay on the straight and narrow. And I’m pleased to note that not one of the highlighted taxpayers is from New Jersey.

This year’s list included:

• In Louisiana, a Gonzales man sentenced to 18 years in federal prison for a multimillion-dollar scheme involving the COVID-19-era employee retention credit program.
• In California, convictions in a $25 million fraud scheme out of Bakersfield.
• In Maine, a tax return preparer found guilty of submitting false returns.
• In Massachusetts, a CPA who pleaded guilty to conspiring to defraud the IRS and participating in pandemic relief fraud.
• And in New Mexico, a Roswell woman sentenced for multiyear schemes targeting COVID relief funds and tax refunds.

Very few tax evaders receive any reprieve. One exception was Rev. Darryl Strawberry, who was convicted of tax evasion in 1995 for failing to report $350,000 in income from appearances and autograph shows between 1986 and 1990. He served six months of home confinement and was recently granted a pardon.

There are others, of course—but unless you’re unusually fortunate, it’s best not to count on any holiday-season mercy if you’ve been bending the tax laws.

Wishing You and Yours a Tax-Free Thanksgiving and the Start of the Tax Filing Season Soon to Come.

Questions or comments should be emailed to: tdavidlawyer@gmail.com.

Written By: Theodore M. David, Chairman, Emeritus

Current Items:                                                             

  • Attention Non-filers, Under filers and Tax Cheats
  • No Tips Lawyers

1) I’ll admit some of my tax bulletins are more about sarcasm than tax information. Maybe that explains why many people read them, but this one, dear friends and readers, is one you may want to share with your clients. Our system of tax administration relies on voluntary compliance. But you know as well as I do that some people are not complying. They come in different varieties, like the blatant nonfilers, for example. They boast they have never been part of the system and have been on the run their entire adult lives. Be careful to watch how assets are purchased in the name of children and grandchildren, keeping their wealth in a safe deposit box or under their Tempur-Pedic mattress. Under filers, on the other hand, figure that if the IRS isn’t satisfied with their attempt at filing a trimmed version of their real income, they should come and get them. Whether they are shaving their income or inflating their tax deductions, the result is the same. Lastly, there are simply tax cheats. These individuals bend the tax law to its breaking point by combining elements of non-filing and under-filing simultaneously. It’s such an easy game to play, considering the complicated tax laws and “positions” to be taken. Unfortunately, as is often the case, lawyers and accountants have been caught up as advisors in some of these nasty situations. But redemption for all of these people is at hand!

Now, to clarify, the IRS has a policy of voluntary disclosure, which may help these clients get some rest if they qualify. This bulletin is not about the voluntary disclosure policy. I know that was discussed in another bulletin, and you can find it in detail on the IRS website. This is much better than that. And it doesn’t take any research. While the demolition crews have been removing about a third of the White House to make way for a much-needed spectacular gold gilt ballroom, the wrecking ball has virtually done the same thing to the IRS. I hope you’re sitting for this one. In total, about 30,000 IRS employees have been gone since January 2025. Some of those were just fired, others were laid off, and still others took “buyout offers”. That amounts to between 25% and 30% of the Internal Revenue Service. The emaciated Internal Revenue Service now has about 65,000 to 75,000 employees. So now is the time for all good men to come to the aid of their party or perhaps to throw a party. With such diminished numbers which must have the consequence of reduced morale now is the time for all of these folks to come clean. If that was not enough add the fact that for the last month the government has been shut down. IRS does not refer to it as a shutdown but as a “lapse in appropriations.” IRS reminds: “the underlying tax law remains in effect and tax professionals should continue to help clients meet their tax obligations as normal.” So it looks like IRS employees are fewer in number and many are not in fact being paid. For nonfilers, underfilers, and tax cheats of all varieties this could be the opportunity that they have been waiting for. Join the system and get a decent night’s sleep.

2) There is some sorry news. The IRS has issued proposed regulations for guidance listing occupations where workers customarily receive regular tips under the new one big beautiful tax bill. With limitations these tips may be not taxable. And though I have looked carefully lawyers are not listed. Unless of course we can squeeze under the title called “entertainment and events” or “recreation and instruction”. So contrary to prior bulletins you should remove your tip jar from your conference room.

Questions or Comments should be sent to: Tdavidlawyer@gmail.com

Written by: Theodore M. David, Chair Emeritus, Tax Law Committee

Current Item: A Rose is a Rose

“A rose is a rose is a rose.” You’ve probably heard this sentence before, but you might not know where it comes from. Many people assume it’s from Shakespeare, but it isn’t. Gertrude Stein wrote the line in her 1913 poem “Sacred Emily” and later included it in her 1922 book, “Geography and Plays.” Stein was an American novelist, poet, and playwright, born in Pennsylvania and raised in California, who lived in Paris from 1903 until her death in 1946. She hosted a Paris salon that included prominent artists and writers such as Picasso, Hemingway, Fitzgerald, Sinclair Lewis, Ezra Pound, and Henri Matisse. Stein was part of the modernist literary movement, and her partner was Alice Toklas. In the poem, the first “Rose” is the name of a person, but the phrase has become widely interpreted to mean “things are what they are.”

You might associate roses with Shakespeare because of Romeo and Juliet, where he wrote, “That which we call a rose by any other name would smell as sweet.” Shakespeare emphasized that the essence of a thing is more important than its name, while Stein suggested that names themselves are inseparable from identity.

What does this have to do with tax law? Consider the importance of names and language in framing policy. Words can shape perception, just as calling a bouquet of flowers “beautiful nightcrawlers” versus simply saying “here are your flowers” changes how it is received.

Earlier this year, I mentioned that unless something significant occurred, there would be no bulletin in July or August. Over the summer, Congress and the President proposed a major tax bill initially called the “Big Beautiful Bill,” a name that drew attention and sparked discussion. The title was later changed, reflecting public feedback, though the substance of the legislation remained the same.

Here’s a summary of key provisions of the bill:

• Individuals: Slightly higher standard deductions depending on filing status; senior deduction increase of $6,000 with income phaseouts; SALT deduction increased from $10,000 to $40,000; overtime pay and auto loan interest deductions; childcare credit doubled to $2,000; seven tax brackets from 10–37% made permanent with inflation adjustments starting in 2026.
• Businesses: 100% bonus depreciation for qualifying assets; immediate deduction for research and experimental expenses; extension of the 20% deduction for pass-through business income beyond 2025.

While the legislation provides benefits for both households and businesses, it also has the effect of delivering larger, long-term tax reductions to higher-income households. Regardless of the name, the economic impact of the bill remains.
In the end, names matter for framing and perception, but they do not change the substance—whether you’re talking about a rose, a poem, or a tax bill.

Questions or comments should be sent to Tdavidlawyer@gmail.com.

 

Written by: Theodore M. David, Chair, Tax Law Committee

Current Items:

  1. What is the Matter Alice?
  2. Just Do It
  3. New NSA Man at IRS

1. I’m late, I’m late, for a very important date! No time to say Hello, Goodbye, I’m late, I’m late, I’m late. If you care to remember your childhood, somewhere in your gray matter you will recall the White Rabbit in Alice in Wonderland whose obsession with time is a prominent symbol in the story. Read More

Written by: Theodore M. David, Chair, Tax Law Committee

Current Items:

1) Call the Midwife?
2) The Dirty Dozen, Again?
3) IRS Side Gig

1) Now, I am not going to ask you what you did last week. Heaven knows I didn’t do much myself, but certainly, there has been a swirl of activity affecting our tax administration system and the rest of the world. I’ll take it back: if you are a practicing lawyer, you probably do know what you did last week and at least who you will bill for all that time. The old tired joke goes that the young lawyer dies prematurely, goes to heaven, and meets St. Peter at the pearly gates. St. Peter says to him, “We were expecting a much older person.” The lawyer says, “I’m barely 45.” St. Peter responds, “Oh, we were judging from your billing time records.” If you are one of the hundreds of thousands of federal employees, you may have a tougher time deciding whether you are staying or going and what you did last week. And the IRS is no exception. Apparently, the same offer has been made to the Internal Revenue Service to trim the fat of our bloated government. Helping the trimming, the former Commissioner took off on January 20, 2025. And of course, the question then came up of who would replace him. Now, there is no cause for alarm because we now have an Acting (soon to be fired, retired, let go or downsized) Commissioner. IRS Chief Operating Officer Melanie Krause will become the Acting IRS Commissioner. The deputy commissioner who could have become Commissioner “retired” two weeks ago. What a coincidence. So Krause has moved into the new acting position. She is relatively new to the IRS, having joined in October 2021. But no matter, she spent 12 years in the federal oversight community in the Government Accountability Office.

Now, all of this would be ordinary, except that Krause also maintains an active license as a registered nurse. That is just perfect. Everyone knows these days that nurses are far more important than doctors. If you don’t believe me, catch the PBS series called “Call the Midwife.” It will make you glad that you went to law school instead of medical school. Someone at the IRS has realized that the system is currently sick. So, it’s time to call the midwife or at least a registered nurse. By the way, IRS employees have been prevented from skipping and grabbing eight months of free pay until the end of tax season. Come May 15, I am sure thousands, some with great relief, will find employment elsewhere. What effect this will have long-term on tax administration remains to be seen. Thousands of robots coming?

2) Annually, the Internal Revenue Service publishes the Dirty Dozen list. The IRS warns that these things are common schemes that threaten taxpayers’ tax and financial information. It is not a formal listing of agency enforcement priorities. But it has become somewhat of a tradition. So I list here the notorious dozen: email scams of all varieties; bad social media advice: online account help from scammers; fake charities; false fuel tax credit claims; credits for sick leave and family leave; bogus self-employment tax credits; improper household employment taxes; overstated withholding scam; misleading offers in compromise; ghost tax return preparers and lastly, new client scams where cyber criminals impersonate new potential clients to trick tax professionals into responding to their emails. Be on alert as well for those false emails asking what you did last week. IRS would like taxpayers who have been involved as a victim in any of these to file form 14242 with the Internal Revenue Service at 24000 Avila Rd., Laguna Niguel CA 92677.

3) The US District Court for the Southern District of Florida issued a permanent injunction against a Miami tax return preparer named Jean-Lewis. It appears Mr. Lewis had simply started a side gig involving filing tax returns for taxpayers. It was simple: he would prepare a tax return for the clients and give them a copy. He would then create a phony tax return file it with IRS requesting a larger refund. When the refund was received he would make sure the client got that which was set forth on the return he had provided. The difference was Jean-Louis’ profit. So he has been banned from doing most anything having to do with federal income tax returns and has been ordered to pay up $245,275 in ill-gotten gains from his side gig. He has also declined the position of Acting, Acting Commissioner of Internal Revenue as he said, “it is not my type of gig and besides, it lacks job security.”

Questions or Comments   should be sent to:    Tdavidlawyer@gmail.com

Written by: Theodore M. David, Chair, Tax Law Committee

Current Items:

  • IRS Gone?
  • Tax Season Internal and External?
  • IRS “Buy-Out”

1) This is going to be a short bar bulletin. In fact, I’m getting this ready even before our new President takes office on January 20. Those who know me realize I am a first-class procrastinator but this time I hope to have my feet in the sand when this bar bulletin actually gets sent. So, I thought I’d take the time right now on a rainy, chilly, dismal kind of New Jersey day to bring you some frightening news about the likelihood of a mess in tax administration about to happen. Now, you may recall that Congress actually funded the Internal Revenue Service in a meaningful way after many years of delay. But now that is one of the areas the President will be looking at to cut and if rumors are to be believed, eliminate. Now, your guess is as good as mine as to what will actually happen after January 20. Tax law is wed to politics. It’s not like a science with immutable rules and results. Even the great Einstein said he couldn’t make sense of it. The problem is, it is whatever Congress says it is. If the Congress is married to the Executive branch, the potential for disruption is present. It’s a shame as the IRS has recently gotten its computers working reasonably well, and its website is simply first class. But any plan to reduce funding and make the IRS and DOJ an arm of the executive is complicated, messy, as well as, I’d guess unconstitutional. “If they can’t follow the agenda, they should leave.” And they have started to do just that. The Commissioner of IRS, Dan Werfel, announced the other day that he will resign on January 20. His term was to go until 2027. IRS top brass always stay through at least a year or two to ease a transition. So, the world of tax administration that we lawyers and accountants contend with will be something as yet unseen. The promise to eliminate the income tax is more concerning but highly unlikely. All this does not seem to add up to a successful Trump term in office with pandemonium in tax administration. So, cutting and firing senior officials at the Internal Revenue Service and losing senior lawyers at DOJ makes no sense and claiming to eliminate the agency altogether sounds truly ridiculous. Or does it? See Item #3. Needless to say, 2025 will be an interesting year.

Among tax ideas floated these days are: eliminate the income tax; make tips tax free; acquire Canada and Greenland (will they be tax havens?); restore the Salt deduction (We in NJ would love that one). Once details seem “real”, if there will be any, I will be glad to let you know. These are strange times in many ways and the tax world is no exception.

By the way, far from being early this Bull ended up late. Typical.

2) An annoying fact of life is that tax season starts in January. But not to fret. You can always visit the IRS website at the Get Ready Page to view key information such as steps to make filing easier, gathering and organizing tax records and life changes that could affect a refund. Or instead you could simply board a plane to somewhere warmer and put this stuff off until the very last minute. Oh, by the way, we will have a brand-new Federal agency on Jan 21. That will have all kinds of fun things to do. The External Revenue Service. It will collect all the Tariff money from Canada and Mexico and the rest of the world too without passing any cost to us citizens, so there will be another tax season coming. An External Tax Season. I’ll let you know when.

3) Where will the ax fall at IRS? The federal “buy-out “may result in whole sections of IRS deciding to grab 8 months of severance and run. You may want to get your 2024 tax return in asap. The idea of eliminating the IRS as an agency sounds beyond the realm. But why not just privatize it? Have a bidding for the job. Like what NASA did to the space race. Maybe even let that high bidder get a cut of the action as well. It’s not a new idea just another complicated and messy one.

Questions or Comments should be sent to:  Tdavidlawyer@gmail.com

 

Written by: Theodore M. David, Chair, Tax Law Committee

Current Items:

  1. A Plea for Monica McGinley
  2. See the Drones in Your Hood                                                                      

1. Chances are you have never heard of Monica McGinley. The poor woman is an unfortunate soon-to-be tax felon. She was recently indicted for tax fraud and theft of government funds by a Grand Jury sitting in Greenbelt, Maryland. According to the indictment McGinley assisted with the preparation and filing of false tax returns so that she could receive large refunds from the IRS to which she was not entitled from 2014 to 2024.

McGinley allegedly claimed nonexistent payments or withholdings and requested nearly $12 million in refunds. The IRS issued refunds to McGinley totaling over $1.5 million. In one example, she received a U.S. Treasury check for over $1 million. McGinley, the poor girl, faces a maximum penalty of 10 years in prison for the theft of government funds and a maximum penalty of three years in prison for each of the six counts of aiding and assisting in the preparation of false tax returns. Now is that any way to treat a misguided, otherwise honest, and incredibly cunning taxpayer during the holiday season? The other day, Pres. Biden commuted the sentences for 37 out of 40 federal inmates on death row, converting them to life in prison without parole before he hands over power to President-elect Trump on January 20. These folks will be getting a break in true Christmas spirit. The fact that they are all convicted murderers, rapists and kidnappers is beside the point. Biden has for years sought the elimination of the federal death penalty. He wanted to move to commute these folks so that incoming Pres. Trump who has vowed to restore a speedy return to federal executions could not have his way. Biden said that “In good conscience I cannot stand back and let a new administration resume executions that I halted.” Earlier this month, Biden commuted the sentences of nearly 1500 people and pardoned 39 more convicted of nonviolent crimes, and of course, his son Hunter walked away from a guilty plea to tax violations and firearms-related charges. But where does that leave poor Monica? Did the IRS really send her a million-dollar check? Monica obviously knows the ins and outs of dealing with the IRS. Perhaps Trump can both pardon her and name her new Commissioner of the Internal Revenue Service.

2. Here in New Jersey and in a bunch of states across the country, people have been straining their eyes looking for drones. Of course the federal government has said all of the sightings except for a hundred or so have been determined to be not credible. Years ago, I bought a pair of Sears binoculars for $20 at a local garage sale. The other night I declared a “Drone-athon” in my neighborhood. Ten people showed up. Within minutes, around 9 PM, it was clear to me and the group that at least two of these drones were flying high and nearby. They were flashing red and green. If you download an app called flightradar24 it can tell you where all the planes and helicopters are in your area. These were not planes or helicopters.

So I state unequivocally that you are not losing your marbles if you think you have been seeing drones. But what are they up to? The list of theories is getting longer by the day. Some are confident they are searching for lost nuclear bombs. Others that it is an attempt by Amazon to demonstrate its ability to deliver really big car sized packages. Some believe it is part of the Trump deportation promise using a claw like device he once saw at Seaside Heights to remove millions of illegal aliens. My favorite is that it is part of the inauguration spectacle planned for January 20 which will spell out MAGA in huge letters country wide. Not sure about that one as a slight glitch could turn it into an embarrassing MAGGOT. And of course it could be the Russians just having some fun. But here and now is my own theory. The IRS recently announced that it will be sending $1400 to taxpayers who were eligible for the Recovery Rebate Credit even though they never claimed it on their tax returns. These payments will be made either by direct deposit or sent by paper check. Eligible taxpayers will receive a separate letter notifying them of the payment. The Commissioner of Internal Revenue said “these payments are an example of our commitment to go the extra mile (That’s the hint) for taxpayers.” At least 1 million taxpayers overlooked claiming this complex credit when they were actually eligible. Now the drones make sense. I forecast in the next few weeks correspondence from the Internal Revenue Service with attached paper checks $1400 each will be drifting down from drones in your neighborhood. Keep a watchful eye. Credit should go to Shadow President Elon Musk for coming up with this novel high tech idea. It’s hard to state but if the checks don’t come this way, then the drones are in fact from an alien source like in “War of the Worlds” the 1953 film. A great holiday classic to watch with the entire family. Oh yes, the Red and Green lights are an alien attempt to communicate their message: We are here to “Stop (Red) you from Going (Green)” just like in “Close Encounters of the Third Kind” the film from 1972. Please forgive me for “droning” on. I just couldn’t resist.

Questions or Comments? Please email: Tdavidlawyer@gmail.com.

Written by: Theodore M. David, Chair, Tax Law Committee 

Current Items:                                                              

  1. Tis the Season to be …Fraudulent

1) Well, it all started with that: “It was the night before Christmas and all through the house…” You know the business about the place being real quiet and the stockings were hung by the chimney with care in hopes that you know who would soon be there. Kids of all ages set out cookies and milk and perhaps treats for reindeer as well. My son-in-law who happens to be Jewish, one year dressed up as Santa Claus and snuck outside around his house at night so that he would be recorded on his ring system.

The next day the kids were incredibly wide-eyed to see Santa Claus actually stomping around their neighborhood. At my age, I don’t remember having much belief in Santa Claus, but then again, I did become a lawyer. Frankly, I think the kids hate to put their parents on the spot so they go along with their parent’s silly conduct. After all what’s the damage? Just a tiny bit of kid fraud. Then there is the gift business. That didn’t even start with ole St Nick but maybe thousands of years before. You know just as well as I do that every consumer product is decked out with holly and is offered for sale with special discounts during the Christmas season. Things that nobody really wants or needs. So the whole ball of wax is based upon us fooling each other. Acting well, fraudulently. Is it any wonder that cybercriminals would jump on this season to capitalize on the foolhardy snow sled, ice-skating, snowmen-making dreamers we turn into at this time of year? While visions of sugar plums dance in their heads, crooks say, is the best time to relieve them of their excess dollars and assets.

If you haven’t already received a phone call, you’ll be getting it soon. Your kid has been taken by some cop in a distant place and the poor kid needs bail money immediately. They even have his voice mimicked just enough so you’re convinced. Even though sensible people know it’s not possible, you’d be surprised at the millions of dollars that are forked over. So it’s the peace on earth and goodwill to men that gets us every time. We lower our guard thinking we hear angels in our belfry when it’s really just the wind whistling through the hole in our head. Now annually the IRS reaches out to taxpayers to alert them to the common scams that are going around while the snowflakes are falling. These include all variety of emails and telephone scam calls as well as fraudulent promises by tax return preparers for exaggerated refunds that seem to fall out of the snow laden clouds. Fake deductions and credits for childcare and employee retention are the icing on the evergreen tree.

For those who may have an IRS tax debt, greasy looking phony lawyers and accountants pop up promising $.10 on the dollar reduction in the tax bill. Many of the scams are aiming for your Social Security number. Recently at a doctor’s office I was given a form to fill out and there was the line requesting by Social Security number. I looked around the office to see whether my doctor was part of a cabal stealing Social Security numbers and selling them to some faraway land for unimaginable amounts. I didn’t fill it in. No one seemed to notice. There’s another reason to remain vigilant about tax and business scams of all kinds. You could actually make a buck. Legally. IRS says that anyone experiencing scams or encountering promoters or tax preparers peddling schemes should file Form 14242, Report Suspected Abusive Tax Promoters or Preparers. Send that form with any supporting materials to the IRS Lead Development Center IRS, 1973 N. Rulon White Blvd., Ogden, UT 84404. The lead development center within the office of promoter investigations follows up on each referral. By the way, to get yourself out of the credit card hole you’ve dug buying all those gifts, consider filing Form 211 to request a possible monetary award. You see, there really may be a Santa Claus after all.

2) Not to be outdone by the fat guy in the red suit with the long white beard, IRS recently announced that the interest rate it applies to taxes owed has dropped to 7%. That’s the same rate they pay on overpayments/refunds.

Enjoy Your Holiday. Be Grateful at Thanksgiving and Generous at Christmas and Chanukah

If You Were a Turkey

Wouldn’t it be pleasant
To perhaps be a pheasant?
Or maybe a goose
Out on the loose?
But when leaves turn red,
You’d be filled with dread,
If you were a turkey.

Why, if you were a turkey,
You’d be on the phone all day,
Talking with your lawyers,
Having bills to pay
To settle up the life jams,
Waiting for the roast yams.

If you were a turkey,
You’d be gobbling with your friends
Kissing good bye to hens;
Wishing if somehow
You could be some other fowl.

So when it’s time to sup and sip,
Include this prayer upon your lip:
Be grateful for all you see
And that a turkey you will never be.

 

Questions or Comments should be sent to: Tdavidlawyer@gmail.com

Written by: Theodore M. David, Chair, Tax Law Committee

Current Item:

1) Just How Smart is AI?

1) On the eve of the most historic presidential election in the history of the United States it does seem a little silly putting together a bar bulletin dealing with taxation. Now all the polls have been done and results tabulated and it’s clear one or the other of these candidates may actually be elected. You don’t need AI to understand that. So instead of trying to come up with something truly witty I thought I would just employ AI to do it for me. Now I will confess that my young nephew married and a new father gave me the idea. Holding his new baby with one hand he said as a matter of fact, if you can’t think of something why don’t you let AI write your bulletin? So not to kill a lot of your time as well as mine I took his advice. Now Chat GPT and things like it seem to be the future. So I downloaded the app and asked a simple question: Why do people cheat on their income tax returns? In a matter of one or two seconds this is what AI had to say:
People may cheat on their income tax returns for a range of reasons, from financial pressure to personal beliefs about the tax system. Here are some common motivations:

1. Financial Strain: For some, tax payments create a heavy financial burden, and they may feel that misreporting income or claiming unearned deductions is necessary to make ends meet.
2. Opportunity: The self-employed, freelancers, and those who receive cash payments may have more freedom to underreport income since it’s harder for tax authorities to track these earnings compared to salaried employees.
3. Belief that “Everyone Does It”: If people perceive tax evasion as common, they may feel less guilt about doing it themselves, rationalizing that it’s a widespread, socially acceptable act.
4. Distrust in Government: Some may cheat on taxes if they feel their money isn’t being used wisely by the government or that they’re paying more than their fair share. They might justify it as withholding support from wasteful or ineffective spending.
5. Perceived Low Risk of Getting Caught: If people believe the risk of being audited or penalized is low, they may be more willing to take the chance.
6. Complex Tax System: A complicated tax code can lead to mistakes, intentional or otherwise. Some people may take advantage of gray areas, interpreting laws in their favor or under-reporting simply because it’s difficult to understand exactly what’s required.
7. Sense of Entitlement: Some may feel they deserve a break from paying taxes, perhaps because of a perceived contribution to society or a belief that they’re unfairly burdened by the tax code.

Ultimately, while the motivations vary, cheating on taxes often involves a mix of personal financial considerations, beliefs about fairness, and perceptions of the system’s enforcement effectiveness.

So there you have it, unedited straight from cyberspace. I have no clue who wrote this, but it wasn’t me. Frankly, it’s a damn good response. Very scary. Can it write briefs, memorandums, an essay, a book, some poems, some jokes. So who has been writing all these bulletins for the last bunch of years? Makes you wonder.

2) BTW the tax brackets for 2025 are on the IRS website and the standard deduction limits too…or you can just go to AI and ask it.

Questions or Comments should be emailed to Tdavidlawyer@gmail.com.

 

 

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