User talk:Podolin

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Note from Rmcpherson

Len, I read your profile and thought you might know where I could get 1120s problems to study. Thanks for any help you might have. Sincerely Robert J McPherson EA My email-rjmcpherson@live.comRmcpherson 18:35, 1 August 2011 (UTC)

Note from OLDEN

Stock sale was not an option. Allocation was spelled out in sale contract. Valuation of wife's goodwill was done - apparently contention was that she was owner of corportion at this point. Non compete and consulting agreement to her as well. Appreciate your input


Greetings ...

...from a fellow AA alum (SALT principal, San Diego & St. Charles). No doubt we have acquaintances in common. I retired in Nov. 2001, about the time they were having the shredding parties in Houston ... sigh .... KatieJ 22:20, 25 August 2011 (UTC)

Not Tim, but a follow-up on your note to him

You asked Tim about "disappearing threads" - and I thought I should mention that you might want to give Tim more of an idea where the discussion had been, to the extent you can recall (i.e., what forum(s) you generally view, and/or what forum you think the discussion had been on) and also whether or not you checked the consumer forum (where questions from non-pros are moved permanently, and where questions from suspected non-pros are moved until user info is provided) to see if the discussion was moved there, in accordance with the info in the pink notice box at the top of the pro tax forum.

Also, to the extent you could give Tim an idea about the general topic of the discussion, that would also help him (or Kevin or me, if he asks us to track it down) find it.

You did post twice today to a discussion that was moved to the non-pro forum linked above, but I don't think that's the one you're asking about, as at least one of your two posts were made after it was moved out of the pro forum. But in general, if you're looking for a discussion that you posted to, you can always review your own posting history by clicking "my contributions" in the upper right corner of your screen. If it was just one you read and hadn't yet posted to, that little shortcut won't help, unfortunately....

In rare cases, discussions might be deleted, rather than just moved, and any posts made to those discussions won't show up in the user history or recent changes. But I just reviewed the page that shows a log of all activity over the past couple of days (to review that yourself, click "recent changes" in the navigation box just under the large TaxAlmanac logo on the left side of the screen), and the only actual deletion I see is an article (i.e., not a discussion, so you probably never even would have seen it) by a new user w/no user info. In case you're interested, the rare cases would be things like discussions started just to post spam, duplicate discussions where we keep the one with responses and delete the one without any responses, and obvious trolling; suspected trolling would generally just get a question moved to the non-pro forum or to Chat.

Anyway, I know you asked Tim and not me, but I hope this extra info might be helpful anyway, and if you do go back and provide more info to Tim, please also sign your note with the four tildes; obviously he knows how to check the user history tab and find out who posted, but why not make it easier for him to respond!?

Trillium 01:29, 1 September 2011 (UTC)

Hi there

Thanks for writing; most of my life was spent in Upper Darby, growing up in the section near Clifton Heights, then marrying and living in Highland Park until 1998 when one day I decided to stop seeing people on the hour, every hour for three months, and moved to Columbia County NY, out in the country almost atop a hill. Told my clients I would come to Philly for 12 days a season and the rest could mail their stuff (as it was many clients who moved away continued mailing stuff even when I was in Philly).....about 90% continued on. Alas, wife turned out to have congestive heart failure and died in 2001. I met Pam, from north Jersey, and eventually we found a house just south of Toms River. I still go to Philly 12 days a year to see clients, but now some drive here....closest client is a retiree in Barneget Light! I can't retire as we have a 20 year loan on an RV and almost the same amount of time left on a mortgage on this house, which we bought in 2003, before the housing balloon but while it was inflating.

In July 2008, we found Watson on; he is a sheepdog/otterhound, and is now 7. He was at Last Chance Ranch in Quakertown, having been picked up by the Philadelphia police at a crack house in West Philly....he was well trained and not the type dog you would think was there, so we can only theorize that some suburbanite was picked up and the dog left behind.

Watson is white, with large black spots, and shaggy. And he is a traveler, having come with us last year on our 10000+ mile trip to Homer AK and back.

Great to hear from you.

Death&Taxes 13:20, 4 November 2011 (UTC)

Phila Tax Law Attorney

He was David Lyle Segal, who I think is still at 121 S. Broad Street.

My current Philadelphia office is at 1500 Walnut, Suite 900. It is a room in one of those suites where a number sublet, mostly lawyers. My tiny office is shared with Grace Knight, CPA, who also has an office in Jenkintown.....neither of us use it, except for emergencies or important clients, after April 15th.

Death&Taxes 15:26, 4 November 2011 (UTC)

Duplicate discussion - where to find

You posted to one of a pair of identical discussions. I've now combined the discussions, and moved your posts over to the other one: Discussion:MMLLC - Bifurcation & SE Tax. The discussion won't appear in your user history (what you see by clicking on "edits" next to your name on any post, or via the "my contributions" link at the top right of the screen) unless you also post to that linked discussion.

Sorry for any inconvenience.

Trillium 02:42, 23 November 2011 (UTC)

How to read a discussion history

It wasn't your post that that was replaced by that note you found, it was some non-tax-pro who Kevin was dealing with.

You can click on the "history" tab at the top of the page, and compare the various versions of the discussion to re-read your post or to review the changes made that day.

If you do that, you'll see that after Kevin removed the guy's post (and moved it to the guy's user talk page with an explanation about having to be a tax pro to participate here) and left that note in its place, the guy re-posted the same question, and you responded to it. That re-post got deleted because the guy was not a tax pro, and your post got moved over to the guy's talk page, because without the question, your response would have been confusing to those who came later. (You can't tell that last part from the history tab on this discussion, but if you checked my contribution history from that day, you'd see that right after I removed the re-post and your response, I posted to the guy's talk page, and if you looked there, you'd see your post at the end of my note, in the quotes.)

Given your several questions to Tim, I can't tell if you're just extremely curious about the way the site is run, or if you're unhappy about the way the site is run. If it's the latter, then you need to say that to Tim directly. Otherwise, he's probably going to assume that Kevin or I will respond to your specific issue and he may not think anything more about it.

Trillium 03:19, 12 December 2011 (UTC)


for updating me on Philadelphia Traffic Court. I usually check out the Delco Times every day.

Death&Taxes 17:31, 20 December 2011 (UTC)

ComCast SBE appeal

I saw your name when I was looking at the SBE's agenda for this week's hearings. They are going to hear the Comcast appeal tomorrow if all goes as scheduled. It will be interesting to see if we get a published opinion from this one. The staff hearing summary is 100 pages long -- those documents generally run less than 10 pages. The hearing summary is here if you are interested: KatieJ 00:04, 2 February 2012 (UTC)

I don't think that's your problem

There are only a handful of people who regularly respond to nonprofit questions from the perspective of the non-profit...CPAdavid and Natalie come to mind; irsfixer, a couple others. They haven't been here yet. The old OP date, and your new Q's date have already been highlighted to indicate there's a new question - the regulars generally know to look for that green date and skip to the new question.

You can change the title of the discussion:

Open it up, click the "move" tab, and you'll see a box with the old name and then the new name. Amend the new name as you like. Just be sure to keep "Discussion:" (including the colon) at the start, as that's what keeps it in the forums.

I'll have more time later to go through the process of moving everything around if you want, but honestly I don't think it'll make a difference.

Trillium 17:41, 24 February 2012 (UTC)


See FAQ #3. The Code of Conduct mentioned in that FAQ is what restricts you from editing posts other than your own. To preserve the continuity of the discussion, you may wish to remove not the entire post, but rather replace the contents with something like "on further thought, I've removed my comments here" - in which case be sure to keep the double squiggly brackets at the end, and all of the stuff between the starting squiggly brackets and "Text=" at the start.

Trillium 22:25, 24 February 2012 (UTC)

Philly Orchestra

just to let you know, about 15-20 clients are members

Death&Taxes 21:15, 27 February 2012 (UTC)

C-Corp issue

Hi Len,

I am being a bit vague on purpose, open forum and stuff. I can give you some more information via email as well.

just add an after my screen name and you have my email.

I do appreciate the replies.

Fsteincpa 02:20, 28 February 2012 (UTC)

Used car dealership - Jlowtexas

Hi Len, First thanks for your reply regarding the treatment of repossessed autos.

I have a second question that perhaps you can answer. I could not locate the audit guide for used card dealerships. However, the audit guide for new car dealerships mentions an election that can be made to cash basis for dealerships that are under $1 million in gross receipts, Rev. Proc. 2002-28. Is this still a vialble election to your knowledge? Or do you have any experience with using this Rev. Proc?

Thanks for your reply.

You can reply directly to me at

Orange County, CA CPA

Hello Len,

Thanks for the referral to Charles Dewalt. Is this someone that you have worked with? I would appreciate your comments.

Thank you.


P.S. I too worked at AA back in 1993 in LA. I only wished at hadn't left after 2 years. It's so sad that the firm is gone now.

Practicing law <G>

Yes, I did see your little jab <G> and laughed. The only reason I didn't respond to it was that I didn't see it until several other posts on the topic had intervened and it seemed to be too late somehow. Of course every one of us in the SALT practice was doing the same thing and we ALL got away with it!

I'm doing much better, still having some speech and memory issues and I can't type nearly as fast as I did before (thank heaven for word processing!) but mostly OK. I've signed up to teach a class for Caryl Sheiber (Interstate Tax Corp) in San Francisco in May and told the university that I will be back to teach my class in the fall. I think my speech is terrible but my therapist assured me that no one could tell I had a problem if I didn't tell them. I'm probably my own worst critic, LOL.

I hadn't noticed that CindyLee is an AA alum although I've corresponded with her from time to time. There are quite a few of us around, indeed. KatieJ 23:01, 18 April 2012 (UTC)

Your new article

Hey - saw that you posted a TA article today to link to an interesting AICPA article. FYI, the help page on creating articles does ask you to avoid creating an article just to post a link (the exact quote is "single sentence or only a website link"...I've seen others search out a relevant discussion and post the link at the end (either as an edit at the end, after the last post, which adds the link for people searching later, or in a new post, which bumps the discussion in case you were hoping for comment on the article).

I don't see any reason to delete the article at this point; who knows, maybe someone will develop it into a full article. It'll probably be labelled as a "stub" article next time somebody runs through and does a review. Stub articles are eventually removed if they don't get developed.

Also, there's some good info on linking in the FAQ, toward the top - #3 or #4. External links go inside single square brackets, and if you want to add a label, leave a space between the link and the label. Internal links, to pages inside TA, go inside double square brackets if you're just using the page name to link, without all the www. stuff at the beginning. Hope that helps.

Trillium 00:13, 3 May 2012 (UTC)

Whether "on contrare" exists, whether it's viable, and whether it plays in Peoria...

Len, I googled "'on contrare' dictionary" and got a grand total of 7 hits. At that level of usage, I would *insist* that the particular phrase doesn't even exist. Not yet. But wait awhile and more than two bloggers will pick it up and then someone else will say "I saw it on the internet, it must be legit" and then some 12-year-old kid will put the word "neologism" next to it on his home page, and then...

We have our work cut out for us.

Did you read the study done via Google and its digital library of "everything ever written" about the "usage life arc" - my term - of actual words, not only when they were first used, and how frequently they have been used, but also measuring their "dying off" when their usage wanes and falls to close to zero. It was fantastic, much deeper than my lame description of it, and it exists *only* because Al Gore invented the internet.

Spell Czech

Try this...

It works exactly like you think it should, and using it is mighty intuitive, but it doesn't 'splain itself worth a dang!

Spell Czech

I was in such a hurry to find out if "acknowledgment" is outperforming "acknowledgement" that I ...

...blew right past the *explanation* page which seems to be pretty good (google seems to be pretty good...)

Spell Czech

excuse me for leaving a dumb question

not all of us are CPAs; as I say in my intro, I am still learning, so pls in the future I would greatly appreciate if u could avoid calling mine or anyone else's a dumb question!

My intent was to ask if, given the property sale had already taken place, there was a way to avoid cap gains tax; one of the other users talked about doing a 1031 exchange e.g. I apologize if I have offended you; just was trying to get an answer to legally save the client some big bucks: looks like he sold it for over $300k; you have provided good insight previously; I hope u will keep up the good work! Respecfully, Paul


I seem to recall that 1967-68 was the years when the Army converted to paying permanent party at the base from a centralized location, but that the pay clerks still had to submit the cards or whatever, and when our MP's records went to Bahrain or wherever, there was no record to submit. I can remember the clerk, whose name was Burbank, a New Yorker. He worked In & Out Processing and knew how to do it; he told us he tried to get MPD to send the guy's personnel file to Japip.

My last three months, I had to 'change list' the entire trainee payroll.....Jackson had 10 Basic Battalions (but usually only 8 active), and six Advanced training battalions, all active. Two were advanced infantry, cooks school, mechanics, radio or wireless, and one other. The men were paid in cash and the idea was that the Second Lieutenants would only carry the right cash to break each man's pay into its lowest common denominator (but no 50 cent pieces) so that a pay of 122.46 would be 6 20s, two ones, quarter, dime, nickel and two pennies (I believe they used coin but I could be wrong, probably am). everything was done on NCR paper with 4 copies. The greatest danger was not from disgruntled GIs or robbers, but young ROTC Looeys carrying firearms. Twice in my eighteen months, a fresh faced 2nd Looey discharged his pistal, once inside the office into the floor and once just outside.

Death&Taxes 13:49, 2 June 2012 (UTC)

Is it possible that you could link your 3 page document

to some hosted site? Then you would just summarize in one or two paragraphs what the issue/question is, and those who are intererested will go to your link.

I honestly don't think more than a handful of people would read a 3 page document posted in the Forums. Alternatively, you could always post the entire thing and hope that at least one person will wade through it to have a discussion with you. Kevinh5

I guess another suggestion would be

to write a one or two paragraph 'executive summary' which you post above the 3 pages. Those who are interested after reading the executive summary will then delve into the body of the document.

In grad school during the '80's, we always had to write an executive summary of our case analysis. The professors would tell us that if we couldn't distill the 20 page paper down to one, two, or at the most, three paragraphs, our careers would be doomed, because no one at a high level would ever read the entire paper, that's what they had subordinate employees for.

Whether they would even pass your proposal/analysis/whatever on to a subordinate depended entirely on how succintly you crystalized the issues and solutions in the summary. Kevinh5

I agree with Kevin

...sorry, was offline for most of the afternoon/evening. But I concur with Kevin's advice. Trillium 03:53, 7 June 2012 (UTC)

"If and only if..."

Len, you're luring me into deep water by continuing the topic of "if and only if." Don't get me wrong, I'm happier when I'm over my head in the ocean so "the deep water" is probably a maladapted metaphor in this case but nonetheless I still get ticklish when a wave that's taller than a house is coming my direction and starting to break.

But less facetiously [what is *another* word that has all five vowels - and "y" too - in alphabetical order? Is there more than just the one?] I'm ready to get out of the breaking surf on the "if and only if" issue.

Mea culpa - I may have argued one of the two instances *wrong* in the discussion forum but I'm sorta hampered by the difficulty I have reconciling the just slightly arcane - Hegel, Boole, Venn - with the way-far-out arcane - the Internal Revenue Code. Y'know how us accountants can be like: just gimme the rules; don't ask me to understand them and ain't no way I'm gonna explain how they came to be...

I was tracking completely your dissection of the boundary nuances of Section 469(c)(7)'s definitional door into the sanctum of "real estate professional" [Has anybody with authority adopted that as a term of art and given it a stamp of approval? If so, how? I'm curious.] but I struggle mightily (see above re being in the deep water) when I begin to respond and chime in and offer my take on really complicated stuff. I'm an old man now and remembering to *get out of bed* when I have to pee is .. is coming soon.

Spell Czech

"Perception is in the eye of the perceiver."

But at a different level...

"A if and only B" creates a tautology: A and B are either both there or neither there. A requires B *and* B requires A. This is because "If A then B" is exactly the same as "If not B then not A." Simple, almost primitive, application of logic's "truth table" I think they were called fifty and more years ago.

Folks who're adept at **logic** get this. Folks who are adept at argumentation and suasion (eh?) don't get this. Or maybe they try to - or have to - work around it. Or maybe they strive to *misuse* it. Doesn't matter. The **logic** is still intact no matter how it might be misused.

"Some cats are not dogs" is a fish of another feather. But a fish of another feather may or may not be "Some cats are not dogs."

Problem with that...

A. I am not sure that the question was all about tax, but even if it was, I am not sure that the person is a tax professional. She may not be eligible to post on the tax forum.

That's actually the case with about 3/4 of the tax-type questions you find on the accounting forum... they weren't willing to click "yes, I'm a tax pro" (some people have a conscience about stuff like that, can't click if it isn't true!) or got stuck in the 4 steps to posting a tax Q, and figured they'd post in accounting and hope somebody will provide tax responses too.

I did put a note on her talk page indicating that she should update her user page if she's a tax pro.

B. There's still the issue of how she'll have skipped the four steps. In her case, this issue arises primarily because if she'd searched she might already have found good info, so the reminder to search would be one she shouldn't skip. And also, she might benefit from the reminder to become familiar with how the site works - so the sometimes-extreme personalities are somewhat expected.

But in any case, I am not cool with just moving the discussion until she has expressed some interest in having it moved. It could well be she chose the accounting forum because she wanted that focus.

(Not to worry, about half of the "regulars" peruse the "All Topics" forum list and will see the question anyway. They can then choose whether or not to respond based on their own take on all of the above.)

Trillium 01:43, 25 June 2012 (UTC)

Copyright policies

Linking to copyrighted articles is cool (unless they're your own articles, in which case see the limitations on self-linking); copying and pasting parts of them onto TA is not. Here are two pages that explain it a bit:

Those are both attempts to add some examples to the contribution terms.

Hope that helps.

Trillium 21:46, 28 June 2012 (UTC)

My very transparent e-mail address is...


You'll need to delete the "^at^" and insert "@"...

And look out for the underscore.

Always up for a chuckle...and a PBR.

Harry Boscoe

You're an impressive dude, man.

"In July, 2004 (yes, that date is correct), Father F lends $200,000 to Son S...."

There aren't many of us around who know that "lend" is a verb, and that "loan" isn't. Well sometimes it isn't...

Spell Czech

Overheard from the TV in the next room...

"Things Yogi Berra Didn't Say for Six Hundred, Alex!"

LLC Loan Interest unpaid

Thank you so much Podolin!

I copied from WIKI

I'm not really sure what an ell is. I copied this from Spinoza's expulsion order which is on WIKI (Baruch Spinoza). Take care. Gazoo 02:10, 15 August 2012 (UTC)

The Ell

Thank you Podolin. I learn something new every day. Take care. Gazoo 00:52, 17 August 2012 (UTC)

Selling Hair salon (S corp)


Is it possible I can run a scenario by you about a potential client wanting to sell her Hair salon business held as an S-corp?



Point Breeze

Thanks for that clipping; the writer, Alan Heavens and his wife, were the first sit-down tax clients I ever interviewed in 1982 when I went to work for the tax attorney, David Lyle Segal. His father, Alex, who died in 1991, seemed to collect reporters and photographers from Philadelphia Newspapers. He also had quite a few clients who worked on the old Mike Douglas show! David, his son, for some time was one of three or four professionals who more or less monopolized IBMers.

On that day, I don't know which of us, Alan, his wife Ellen Gray, or myself(?) were more scared! I'd worked for 12 years with this one man public accountant in Upper Darby and left because he could not pay me enough to support wife and daughter; the work there was write-ups and returns. The work for the Segals was almost 100% interviews or mail-in returns, and doing IRS correspondence and tax audits out of season.

Death&Taxes 14:56, 27 September 2012 (UTC)

Great idea

I have a client I have to see who lives across the street from Penn Wynne School off Haverford Road. This will be in the next couple of weeks. Will keep you posted.

Death&Taxes 17:37, 27 September 2012 (UTC)

Hi Len,

Impressive credentials I must say. I had asked the question earlier regarding the C-corporation transferring out real estate and you had responded inquiring about the fmv, balance of the note, and tax basis.

Without going as far as an appraisal, I used the real estate tax bill to estimate fmv of the building. It is listed at $269,501 with the book and tax basis being equal at $231,248. The balance of the note payable is $157,249.

Here is another quirk to this situation. They were a c-corporation until 6/30/12 at which time effective 7/1/12 they elected s-status. The building was actually removed from the books on 8/30/12 so it actually came off the books of the s-corporation and not the C. So I believe I am getting into the BIG tax here.

Any thoughts??

CK's Idea OT

Rather than go off topic and post this, I am sure you remember the SEPTA bus accident stories: "SEPTA Bus Hits Pole" Eleven people were on the bus; 34 people brought suit.


Thanks for the wishes; we are just south of Toms River and our community is where the Toms River meets the Barnegat Bay. Wife just heard it will come ashore in Toms River on one of the NY stations......they came around yesterday at 3:30 to order a mandatory evacuation, but to where???? we have a 90 lb dog and are not going to leave him or crate him in a shelter. Wife's son lives up north, and up high, near Warwick NY in a ramshackle house which already has too many people. Her sister lives in Saddlebrook and maybe we will go there. There are still people here; the young couple across the street left about 11pm but with no baggage so they must have a relative fairly close. Right now wind is below 20mph but minutes ago it was 41.


Death&Taxes 12:42, 29 October 2012 (UTC)



I was with AA&Co in Grand Rapids, MI, although I spent 1 tax season in the Detroit office. My AA&Co tenure was 01/1986 to 08/1989. Fond memories that were worth it all.




Shoot me an e-mail and I'll shoot you some info. My email address is

Ckenefick 19:15, 12 November 2012 (UTC)ckenefick


I remember when WIP planted a key (rather they nailed a key) on a suburban location and began giving clues (think it was the Fall of 1968) like 'look on the map for a Happy Victory.' Friends and I thought of Mount Joy in Valley Forge Park and drove clue was something about a prominent upstanding place, so we spent an hour at the fire tower atop Mount Joy and at the arch......turned out the key was on a telephone pole in Gladwynne!!!!!!

Death&Taxes 14:09, 6 December 2012 (UTC)


Prize was $610!!!!!!!! Wowee, but that sounded like a lot to we three or four unemployed bums back in the fall of 1968. oh, another clue was that it was part of a pillar of a suburban community (it was on a telephone pole)

Death&Taxes 18:05, 6 December 2012 (UTC)

Uncle WIP

I remember Uncle WIP vaguely and heard that story many times, but it's odd that the same story must have been an urban legend of its day for I have heard same from people in other cities, like New host calls them bastards....'that ought to hold the little bastards for a while.'

I wish I could remember the name of the road, but I think a clue was something about being off 23 or something like that.

By the way, we weren't the only people at Valley Forge looking for it, and every hour we would rush back to the car to get another clue. I wrote about this 10 years ago

Death&Taxes 18:26, 6 December 2012 (UTC)

Thanks Podolin for your insights!

I think after looking at the exceptions you list, I still tilt torwards being required to

file a partnership tax return.

Maybe 84-35 is the backdoor to avoiding saying hey didn't file a partnership return

but everyone reported their share of income.

Though problem with that is what if someone doesn't file return timely or doesn't include

the income b/c of an error made on their tax return.

Lease Cancellation

Sorry Leonard,

But I was taught that to redo documentation after the fact the sole purpose of such change is to change the tax outcome was a very bad thing. This is to me something I don't want to comment about.

Hell, I not saying anything bad about anyone, I was just not sure 1. where the comments were headed, 2. that everyone understood what was being commented.

This is what I saw "Redo the contract changing the parties thereto, for the sole purpose of defeating the "double taxation" thing."

I have no experience in such matters, except before the contract is signed.

I guess I should have shut up.

I intent no ill will to anyone.

Thank you for understanding.

What do I know? 16:39, 22 December 2012 (UTC)

Pennsylvania question: repayment of wages

A client, a heavy-hitter in the investment industry, left his employer in July, taking with him his "group" and moving to a new firm (this is the kind of guy you see in Philadelphia Magazine or one of those where they show him, his associates etc and call it "The Johnson Group." When he left, he had to repay almost 600K of monies awarded to him in 2009 and taxed that year. Federally this is a pure 1341 case, though in his bracket and income level, we have to look carefully at the deduction also.

But what about PA? His final paystub makes no mention of a reduction in state wages for 2012, and even if it had, the repayment is more than he had made until that date. This same problem results if it were a U-E deduction, for PA rules the deductions are limited to income from the job......he had made 390K thru leaving.

Amended return for 2009? I want to do it now before the deadline closes around me. the problem is the repayment did not come until this year and it was because he left employment.

Any thoughts?

Death&Taxes 18:55, 27 December 2012 (UTC)

One more PA matter

For the first time in 30+ years, I have seen Pennsylvania prepare the clients' return for 2010 since they have yet to file....I have no idea where they came up with information, but they have sent an assessment which has to be appealed at the Board of Appeals.

Death&Taxes 19:23, 27 December 2012 (UTC)

PA filing return for client

There was no Fed/State sharing since his Federal return has not been filed either! Maybe they have a transcript of income, but the numbers do not match what I have so far.

Death&Taxes 21:14, 27 December 2012 (UTC)


I did send email to the address from I find sometimes email programs block that address as spam. When I tried to register Death & Taxes as a domain name, it had already been taken (but not taken for PA or NJ Corporate purposes) so the former weekly interview columnist for the defunct Inquirer Sunday magazine and I played with the name to come up with a hip-hop Death & Taxes....she suggested Def & Taxz but that was too extreme.

Death&Taxes 15:52, 28 December 2012 (UTC)

Thank you, Len!

Your diligence in tracking down (and moreover your knowledge of *where* to go to track down) the accurate, we think, source of the computation of the "Medicare Part D Late Enrollment Penalty Addition-to-Premium" should be broadcast far and wide. That was above and beyond the call of duty. Thank you.

I will admit that for a moment - just an instant, really - I had entertained the notion that the first link to the law could be either incorrect or obsolete. But then, your stepping up to the plate and finding the second provision was way far beyond my expectations.

And less to the point, I'll apologize here and now for my nasty attitude yesterday. Things weren't going well and I had thought that I might distract and amuse myself by going online and wandering around but .. it didn't work.

Spell Czech 15:48, 30 December 2012 (UTC)

Am I biguous?

If the issue you're looking at is the seemingly ambiguous definition [Code, as interpreted in Reg] of when "predominant business use" ends, it is not that. What it's not is it's not seemingly ambiguous, it is glaringly ambiguous. I have looked at this in the past at least a coupla times and I convinced myself that the Reg writers chose not to grant themselves the authority to resolve the ambiguity, so they didn't. Sadly, although this response addresses the ambiguity, it does little to resolve it, doesn't it.

Shining a light on the ambiguity just makes it easier to see, eh? Sorry I couldn't be less ambiguous about the ambiguity...

Spell Czech


Are you familiar with Pepper Hamilton?

Ckenefick 22:06, 4 January 2013 (UTC)ckenefick

"Summary" field

That is an optional field; it is mostly used when people edit a post, to explain why they are making the edit, but there are a few people who also provide a summary of each regular post. Whatever is typed in that box will appear on the recent changes page, and also on the history tab for that discussion or article (or user page, etc.).

Trillium 01:13, 6 January 2013 (UTC)


Thanks, Lenny. A pretty top-notch firm. I spoke with one of their attorneys who represented Margaret Stine. Check out the case. The record doesn't reflect the fact that she filed a late gift tax return for the prior year...and IRS granted relief for that prior year.

My inquiry to Pepper surrounded a case that I'm working on...I will post the details on TA in due time...but you'll love it. In the meantime, I will make a post in about 5 seconds on a new case...let me know what you think. You'll like that one too.

Ckenefick 01:52, 15 January 2013 (UTC)ckenefick

Ty2433 is not eligible to participate on the tax forum

I saw that you advised him to move his question to the tax forum... but as you'll have seen from his user page, he's not actually a tax pro, and has no experience preparing taxes or advising about tax issues.

Since he had received my standard "love note" about having no user info at the time he posted, he would have been aware when he provided that user info that he wasn't putting in enough info to get his question onto the tax forum. He'd originally posted the question on the accounting forum anyway... or to be completist, he'd posted it twice on the accounting forum and once on the tax forum (two of those were simply deleted). I also reinforced that when I acknowledged he'd updated his user info, and told him that I was moving his question back out of consumer questions and over to the accounting forum - the best we could do, really, given his lack of tax experience.

As you know from prior experience/conversations, there are plenty of tax people who will read "All Topics" and will thus see his question, who could choose to respond. Some of them won't respond, because of his non-tax background. But others, beside yourself, may still chime in eventually.

Nothing you need to do about this, but I just thought I'd let you know more about the thought process behind where that question ended up.

Trillium 02:50, 16 January 2013 (UTC)

Delco employee

Give her the chair!

btw, that property is a 1101 Washington Avenue and there is a small assessment. What is unusual is that there is not a separate bill for the parking space, for I have several people paying these (1326 Locust is one) is the developer who wants to buy back the space.

My client is a former Knight Ridder photographer (his wife is a freelance photographer)....they are doing either a book on US Highway 30....when he needs a car, he rents one from one of those new agencies that rent.

Death&Taxes 16:44, 19 January 2013 (UTC)

Hi Podolin,

On the question of the 481(a) adjustment I guess I didn't make myself clear. The partners wish to share in the 481 adjustment based on their capital % which is the same as their Profit % that they have used from the beginning thru 12/31/11. Its not until 1/1/2012 that they elected to share 2012 profits equally. Since the 481 adjustment is actually income prior to 2012 they would like to share that income based on their capital and profit % in effect on 12/31/11 which is not equal and then share the current years income equally. Lets just say the 481 adjustment is 10K and for the year ended 12/31/12 the partnership earned another 10K lets say there are 4 partners and their capital accounts are 1@ 40% and 3@ 20% their profit sharing % is the same thru 12/31/11 it's not until 2012 that they want to share those profits equally. Therefore, they would like to share it in the following manner.

Sec 481 income 1@ 4K and 3@2K total 10K (Based on their capital % and profit % in effect

                                                                thru 12/31/11)

current year income 4@ 2.5K total 10K ( Based on their decision to share profits equally

                                                                 beginning 1/1/2012)

For the current year 2012 their capital % has not changed just how they share Profits (equally)

Since the 481 adjust is actually income earned on the conversion ( from cash to accrual) @ 12/31/11 (not 2012 income) it seems to me that sharing it in the same porportion as to how they share profits at 12/31/11 seems in order.


Expat tax svcs

Guya, lizzit, smktax, andsmokeytax come to mind for expat in general. Not necessarily Canada, but gives you somewhere to start.

Trillium 22:37, 23 January 2013 (UTC)

Thanks Leonard your explaination and insight on this issue is greatly appreciated.



Thank you for response my post!


Sec 481 adjustment

Podolin: Just want you to know that I respect your knowledge and therefore would like your input on the following: I was trying to send you a note and my computer went a little crazy so I appologize if you already received part of this.

I have a 7-member LLC (taxed as a Partnership) that elected to switch from cash to accrual effective 1/1/2012 and based on the accrual method on 12/31/11 there is a $1,200,000 sec 481 positive adj.The partnership is profitable. While I thought they would be happy to report this income over 4 years I was suprised that they actually want to pick it all up in 2012 and to be truthful I actually thought the 4year spread was an election. I believe we can request approval from the Service but I am not sure how this process works.Is this requested on another form 3115 or what? It appears that the real reason is to avoid being taxed on future tax rate increases so that will not fly but since all the members are in the higher tax brackets I would love to make a request on their behalf but I'm at a loss for words' Any ideas? If you wouldn't mind filling me in on the process of requesting Service approval it would be appreciated. I can be reached at ANNE1

Any help you can offer is appreciated very much


ANNE1ANNE1 22:43, 1 March 2013 (UTC)

Dr Seuss

I like your addition to the Dr. Seuss tax story. Kevinh5 01:04, 3 March 2013 (UTC)

Seuss Chef

Yes, I think so. LOL Kevinh5 02:03, 3 March 2013 (UTC)

Len, Thanks for your help. I have talked with all the partners and they all appear good with it. Actually, I felt that only one partner was against the spread but after talking with him he's alright with it. Again thanks for your help.


Trucking company tax prep question,

It is an over-the-road multi state business. Home base is in Wisconsin. She owns 1 truck and leases 2. What do I do with the fuel-tax credit? I assume that I would put the expenses on Schedule C and it would flow thru to her 1040. Are there any other schedules/forms that I would have to use?

CindyCw27031 18:02, 10 March 2013 (UTC)


Thank you for your help and the connection to the site. I appreciate itMCMCDEV 18:01, 11 March 2013 (UTC)

Still around - just hiding

It was toward the bottom of page 1 and seemed pretty much resolved, so when I replaced it (due to the long-name problem), I didn't bump it back on to the forum index (seemed like a waste of top-of-the-forum space). However, feel free to post to it if you have more to add.

Since you had posted to it in the past, you can get back to it pretty easily via the "my contributions" link in the upper right corner of your screen. Or search on his user name.

Sorry about that!

Trillium 02:21, 20 March 2013 (UTC)

Northwest posted the q on tax forum too

Click edits next to the user name and you'll see both discussions. It was completely ignored on tax forum - probably a combo of user profile (not a tax pro), too much in one question, and phrasing that reinforced the nonprofit status.

If I were less busy myself I'd already have removed one q or the other since having the duplicates generally creates such a mess. But in this case the acctg q was posted second and seemed to be getting some acceptance so I just left it all alone out of apathy. If both questions somehow became active at the same time I guess I'd have to fix it somehow...


Trillium 15:43, 29 March 2013 (UTC)

Not "non-profit"...

That should read non-pro!

Trillium 15:45, 29 March 2013 (UTC)

Taxpayer anxiety disorder

I am testing it to see if it is call and response spam. Kevinh5

Come on Lenny

Come on Lenny. Post something interesting. Surely there's some crazy tax topic you got in the back of your head...

Ckenefick 14:54, 30 April 2013 (UTC)ckenefick

Title changed

I have changed the name of your "Masters Loophole" discussion as requested. In case you'd like to know how, here's what you do to change it yourself:

  1. Open the discussion
  2. Click the "move" tab at the top of the page
  3. Make the applicable changes to the "to new title" box, and add a reason if you care to
  4. Click the "move page" button

Just be sure not to remove the "Discussion:" at the start of the name (including the colon), as that's what keeps the discussion in the forum index.

Trillium 23:07, 15 June 2013 (UTC)


Of course I remember TSO and then Advanta! In our business, President's Day was teacher's day since they had the day off and would come to get their taxes done, and all had accounts there. Several old ladies loved TSO. After years of living in the area, I had developed the maxim, 'Never trust anything originating in Philly.' I tended to find that owners of Philadelphia businesses sucked their profits out way ahead of the investors.

I have a client, a lady professor at Drexel who now lives in Wayne, but in the mid-80s she was divorcing her first hubby. Their assets were a house in University City owned 50% each, and his 50% share of well known Mexican restaurant of that time on Locust between 15th & 16th......she had to pay him money.....according to the books the restaurant was practically worthless.

Death&Taxes 12:28, 19 June 2013 (UTC)

I do too,

but he has been a bit upset today and yesterday. Kevinh5 23:52, 24 June 2013 (UTC)

Subtle sarcasm, if it were made obvious by a symbol...

...would no longer be subtle sarcasm and that wouldn't be any fun at all. Big Grin!!

I get you and you get me and that's good!

Harry Boscoe

Or is it me?

Len, when I try to link to that government website [committee reports, I think it is] that you posted, my computer [a contemporary of the Model T, I admit] slows waaaaay down, and then stops.

Is that website a huge collection of pdfs the likes of which will slow down already slow, hamster-powered, laptops?

Spell Czech


Sorry i didn't get back to you sooner, power outage Friday night from high winds; also several trees and branches have littered the driveway and yard and i have been clearing them this weekend and preparing them for their future as firewood.

I agree that 162(k) did not apply to my situation. I cannot remember exactly why I asked about 162(k); it took me a while to remember the specific client transaction! I am assuming that I had a vague recollection of a worry back in the 1990's that covenants could be considered as 162(k) items by the IRS AND this transaction was technically with a (S) corporation. However, I probably forgot that 162(k) only applies to reacquisitions. OTOH, I may have tossed the concept out there to find assurance that I was not missing a possible glitch in my planning for the client.

The rate of change in "income" tax laws exceeds my ability to create new brain cells. MWPXYZ 04:05, 22 July 2013 (UTC)

"...because I had to take one."

Hardy har har. Flomax or Rapaflo? Metformin or Glucovance?

Harry Boscoe

I was changing it while you were changing it...

And I patched it up so neither of us, instead of both of us, looks as if he doesn't know what's happening... ["neither...looks...he..." Okay?]

Spell Czech

Yeah, interesting but not authoritative.

My Mother, the copy editor, was authoritative, *and* she was a die-hard traditional prescriptive "" kinda writer, except when there's an "over-riding" plural involved: "Neither the Redskins nor the Eagles are going to win the Super Bowl." I had to [almost] beat her up to get her to allow that as an exception. I quit pounding on her, however, before we got to a resolution of the "Neither Jim nor the Johnsons is/are coming to dinner tonight" problem, so I'll leave that stone unturned, graciously, here, for now.

Didja hear about the guy throwing rocks at the seagulls, muttering "Let no tern go unstoned"?

Spell Czech

p.s. I treated "both" as being inside a parenthetical phrase and therefore not involved in the subject-verb agreement. Rightly or wrongly.

High or School

Haverford High or Haverford School?

One of the few proud moments of my UD Class of 60 was beating the Fords at Haverford on Thanksgiving 1959 on a fluke pass.

Here is one of my favorite stories, about the Marching Royals.....written when I was living in Kinderhook Township, Columbia County NY on 3 acres atop a hill. Martin van Buren was born there!

Death&Taxes 15:45, 16 September 2013 (UTC)


forgot the link

Thank you for responding. The S Corp did exist when the equipment was purchased. The purchase agreement has the individual name listed as the purchaser but we were also asking the question whether the individual was acting as agent for the corp. One of those situation when the client does a deal without asking advice.

I forgot to mention that I have an undergrad degree in English. Eventually found my way and entered the Accounting field.

Thank you!

I appreciate the encouragement. You know, I'd love to post more responses in the TAX QUESTIONS section. I'm actually pretty decent at this work, and conscientious. But there are a lot of really smart people here who respond fast and accurately ... faster than I can, and often with things I didn't think of. Humbling is what it is! But I do know the business side, too, and lately I feel like maybe I'm proving slightly more useful in the business development part of the forum.

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