"Dear Abby" now gives tax advice (sort of.....)

Practical and Practice issues for Professionals who practice in the area of taxation. Moral, social and economic issues relating to taxes, including international issues, the U.S. Internal Revenue Code, state tax issues, etc. Not for "tax protestor" issues, which should be posted in the "tax protestor" forum above. The advice or opinion given herein should not be relied on for any purpose whatsoever. Also examines cookie-cutter deals that have no economic substance but exist only to generate losses, as marketed by everybody from solo practitioner tax lawyers to the major accounting firms.
Famspear
Knight Templar of the Sacred Tax
Posts: 7668
Joined: Sat May 19, 2007 12:59 pm
Location: Texas

"Dear Abby" now gives tax advice (sort of.....)

Post by Famspear »

In today’s Houston Chronicle (Monday, April 12, 2010, on page D4), the “Dear Abby” column includes Abby’s response to a lady whose boyfriend, by the name of “Grant,” has refused to file federal income tax returns for many years. Abby responds with some advice taken at least in part from the National Association of Enrolled Agents, which Abby refers to as “a professional society of federally licensed tax practitioners.” Abby suggests that Grant’s girlfriend try to get him to file his back tax returns. Included in Abby’s advice is the following statement:
More than 10,000 enrolled agents are listed. Because they are the only tax specialists licensed to practice before the IRS, Grant [the taxpayer] can be assured the matter will be handled confidentially in the most competent way.
Are there any enrolled agents here (or anybody else here) who can spot some errors in, or at least some misconceptions that might be conveyed by, Abby’s comments?
"My greatest fear is that the audience will beat me to the punch line." -- David Mamet
Dezcad
Khedive Ismail Quatoosia
Posts: 1209
Joined: Mon Apr 09, 2007 4:19 pm

Re: "Dear Abby" now gives tax advice (sort of.....)

Post by Dezcad »

Famspear wrote:In today’s Houston Chronicle (Monday, April 12, 2010, on page D4), the “Dear Abby” column includes Abby’s response to a lady whose boyfriend, by the name of “Grant,” has refused to file federal income tax returns for many years. Abby responds with some advice taken at least in part from the National Association of Enrolled Agents, which Abby refers to as “a professional society of federally licensed tax practitioners.” Abby suggests that Grant’s girlfriend try to get him to file his back tax returns. Included in Abby’s advice is the following statement:
More than 10,000 enrolled agents are listed. Because they are the only tax specialists licensed to practice before the IRS, Grant [the taxpayer] can be assured the matter will be handled confidentially in the most competent way.
Are there any enrolled agents here (or anybody else here) who can spot some errors in, or at least some misconceptions that might be conveyed by, Abby’s comments?
CPAs and licensed attorneys can represent taxpayers before the IRS. Abby's implication is that "only" enrolled agents can practice before the IRS, although she merely states that they are the only ones "licensed" to practice.
Famspear
Knight Templar of the Sacred Tax
Posts: 7668
Joined: Sat May 19, 2007 12:59 pm
Location: Texas

Re: "Dear Abby" now gives tax advice (sort of.....)

Post by Famspear »

Abby wrote:
More than 10,000 enrolled agents are listed. Because they are the only tax specialists licensed to practice before the IRS, Grant [the taxpayer] can be assured the matter will be handled confidentially in the most competent way.
Dezcad noted:
CPAs and licensed attorneys can represent taxpayers before the IRS. Abby's implication is that "only" enrolled agents can practice before the IRS, although she merely states that they are the only ones "licensed" to practice.
Yep.

The other thing is that Abby seems to conjure what almost amounts to a "causal" relationship between the desired result -- having the matter handled "confidentially" and in the "most competent way" (or at least obtaining assurance that this will be the result) with the putative "cause": the point that enrolled agents are "the only tax specialists licensed to practice before the IRS."

In reality, other practitioners (such as attorneys and certified public accountants) are aware (or should be aware) that anyone who prepares a federal income tax return for someone else, for pay, is bound by certain federal confidentiality rules. Indeed, with certain exceptions, it is a criminal offense under Internal Revenue Code section 7216 for any person "engaged in the business of preparing" federal income tax returns, or for any person who "for compensation prepares any such return," to knowingly or recklessly disclose any information furnished to him for, or in connection with, the preparation of any such return, or to use any such information for any other purpose, etc. (Misdemeanor -- up to one year in prison, or a $1,000 fine, or both, etc.)

Abby's wording almost seems to imply that because CPAs, attorneys, etc., are not federally licensed, they might somehow be less attentive to the confidentiality rules than are enrolled agents, or less competent than enrolled agents, or both.
"My greatest fear is that the audience will beat me to the punch line." -- David Mamet
Number Six
Hereditary Margrave of Mooloosia
Posts: 1232
Joined: Fri Aug 29, 2008 6:35 pm
Location: Connecticut, "The Constitution State"

Re: "Dear Abby" now gives tax advice (sort of.....)

Post by Number Six »

I'm surprized that the lady trusted "Dear Abby" with the question, since it probably wouldn't be that difficult with the powerful programs available for Homeland Security to identify who Mr. Clueless is.

Let's say he walks into a CPA or tax attorney's office wanting to see what his best deal would be if he had all the numbers run by the professionals, and then decides what he is going to do. If he has made over a certain amount he is already a target of civil or criminal action. The federal guidelines for various levels of tax fraud and evasion rely on a good faith filing of taxes; it is then up to the government officials whether criminal penalties or jail time are appropriate.
'There are two kinds of injustice: the first is found in those who do an injury, the second in those who fail to protect another from injury when they can.' (Roman. Cicero, De Off. I. vii)

'Choose loss rather than shameful gains.' (Chilon Fr. 10. Diels)
Famspear
Knight Templar of the Sacred Tax
Posts: 7668
Joined: Sat May 19, 2007 12:59 pm
Location: Texas

Re: "Dear Abby" now gives tax advice (sort of.....)

Post by Famspear »

CaptainKickback wrote:Did the writer to "Dear Abby" sign her letter, Doreen of Detroit?
:D

Unfortunately, as we all know, Doreen of Detroit is actually just as "tax-law-compliance-evasive" as her PontificatingPrisonBoundPeterPartner......

:)
"My greatest fear is that the audience will beat me to the punch line." -- David Mamet
The Operative
Fourth Shogun of Quatloosia
Posts: 885
Joined: Sat Jul 21, 2007 3:04 pm
Location: Here, I used to be there, but I moved.

Re: "Dear Abby" now gives tax advice (sort of.....)

Post by The Operative »

Number Six wrote:I'm surprized that the lady trusted "Dear Abby" with the question, since it probably wouldn't be that difficult with the powerful programs available for Homeland Security to identify who Mr. Clueless is.
I'm not surprised at all. It is probable that Mr. Clueless either did not owe taxes or was probably due a refund for many of those years. We should probably thank him for giving free money to the government.
Light travels faster than sound, which is why some people appear bright, until you hear them speak.
Number Six
Hereditary Margrave of Mooloosia
Posts: 1232
Joined: Fri Aug 29, 2008 6:35 pm
Location: Connecticut, "The Constitution State"

Re: "Dear Abby" now gives tax advice (sort of.....)

Post by Number Six »

I know a fellow who had a regular job with a company with deductions taken out and substantial freelance work after hours. I warned him it would be a good think to file, and showed him the enforcement statistics. He filed before he was contacted by the IRS even after having been a non-filer for years, I think it cost him a few thousand, but I doubt he included all income from those years or paid sales taxes on the contract work. A good CPA can work wonders. You don't want to run afoul of the state tax people; they spend a dollar to make a dime and enjoy every minute of it.
'There are two kinds of injustice: the first is found in those who do an injury, the second in those who fail to protect another from injury when they can.' (Roman. Cicero, De Off. I. vii)

'Choose loss rather than shameful gains.' (Chilon Fr. 10. Diels)
Omne
Pirates Mate
Pirates Mate
Posts: 105
Joined: Sat Feb 06, 2010 1:23 am

Re: "Dear Abby" now gives tax advice (sort of.....)

Post by Omne »

Number Six wrote: You don't want to run afoul of the state tax people; they spend a dollar to make a dime and enjoy every minute of it.
We're not that bad. A dollar to collect 75 cents maybe..... :twisted: