Top 5 Tax Controversy CPA Profiles

J. Frank Best a Tax Controversy CPA with locations in Raleigh & Wilmington, NC  and North Myrtle Beach & Myrtle Beach, SC is rated in the Top 5 Tax Controversy CPA Profiles/Linkedin and as a United States Tax Court Litigator licensed in all States works to stay current on all IRS decisions concerning tax litigation to ensure we are fully informed and prepared for our clients.

J. Frank Best, Certified Public Accountant
Admitted to Practice before the
United States Tax Court

Practice Areas & Locations

TAX LITIGATION
TAX AUDITS
APPEALS & HEARINGS
COLLECTION
PENALTY ABATEMENT
NON-FILERS & DELINQUENT
CIVIL FRAUD
CRIMINAL FRAUD – KOVEL
IRS ABUSE OF DISCRETION
DIVORCE AND IRS

IRS controversies are truly complicated. There is no magic to a resolution. Experience and qualifications dictate. Many advertisements and promises are intentionally false and misleading. By all means, avoid meeting with and having telephone contact with marketing/salespersons that will not be representing you. These people are highly trained to take your money. Choosing a local representative just makes good business sense.

Telephone: 800.230.7090 | Email: bestcpa@bestirscpa.com
Copyright © 2019, J.Frank Best, Certified Public Accountant

Top 5 Tax Controversy CPA Profiles

J. Frank Best, Certified Public Accountant
Admitted to Practice before the
United States Tax Court

J. Frank Best is rated in the Top 5 Tax Controversies CPA Profiles/Linkedin

Practice Areas & Locations

TAX LITIGATION
TAX AUDITS
APPEALS & HEARINGS
COLLECTION
PENALTY ABATEMENT
NON-FILERS & DELINQUENT
CIVIL FRAUD
CRIMINAL FRAUD – KOVEL
IRS ABUSE OF DISCRETION
DIVORCE AND IRS

RALEIGH, NC
WILMINGTON, NC
NORTH MYRTLE BEACH, SC
MYRTLE BEACH, SC

IRS controversies are truly complicated. There is no magic to a resolution. Experience and qualifications dictate. Many advertisements and promises are intentionally false and misleading. By all means, avoid meeting with and having telephone contact with marketing/salespersons that will not be representing you. These people are highly trained to take your money. Choosing a local representative just makes good business sense.

Telephone: 800.230.7090 | Email: bestcpa@bestirscpa.com
Copyright © 2018, J.Frank Best, Certified Public Accountant

Top 5 Tax Controversy CPA Profiles

J. Frank Best, Certified Public Accountant
Admitted to Practice before the
United States Tax Court

Practice Areas & Locations

TAX LITIGATION
TAX AUDITS
APPEALS & HEARINGS
COLLECTION
PENALTY ABATEMENT
NON-FILERS & DELINQUENT
CIVIL FRAUD
CRIMINAL FRAUD – KOVEL
IRS ABUSE OF DISCRETION
DIVORCE AND IRS

RALEIGH, NC
WILMINGTON, NC
NORTH MYRTLE BEACH, SC
MYRTLE BEACH, SC

IRS controversies are truly complicated. There is no magic to a resolution. Experience and qualifications dictate. Many advertisements and promises are intentionally false and misleading. By all means, avoid meeting with and having telephone contact with marketing/salespersons that will not be representing you. These people are highly trained to take your money. Choosing a local representative just makes good business sense.

Telephone: 800.230.7090 | Email: bestcpa@bestirscpa.com
Copyright © 2018, J.Frank Best, Certified Public Accountant

Top 5 Tax Controversy CPA Profiles

J. Frank Best a Tax Controversy CPA with locations in Raleigh & Wilmington, NC  and North Myrtle Beach & Myrtle Beach, SC is rated in the Top 5 Tax Controversy CPA Profiles/Linkedin and as a United States Tax Court Litigator licensed in all States works to stay current on all IRS decisions concerning tax litigation to ensure we are fully informed and prepared for our clients.

PRACTICE AREAS-ALL STATES

TAX LITIGATION
AUDITS
APPEALS & HEARINGS
COLLECTION
NON-FILERS AND DELINQUENT
CIVIL FRAUD
CRIMINAL FRAUD-KOVEL

800.230.7090
email: bestcpa@bestirscpa.com
web: bestirscpa.com

LICENSED CPA: NC (14839) & SC (2505)
U.S. TAX COURT LITIGATOR: ALL STATES (BJ2034)
PRACTICE BEFORE THE IRS: ALL STATES

U.S.TAX COURT LITIGATOR

J. Frank Best a U.S. Tax Court Litigator with locations in North Myrtle Beach & Myrtle Beach, SC and Wilmington & Raleigh, NC and licensed in all States is rated in the Top 5 Tax Controversy CPA Profiles/Linkedin and as a U.S.Tax Court Litigator works to stay current on all IRS decisions concerning tax litigation to ensure we are fully informed and prepared for our clients.

Telephone 800.230.7090   Email: bestcpa@bestirscpa.com  Web: bestirscpa.com

Tax Controversy CPA

J. Frank Best a Tax Controversy CPA with locations in North Myrtle Beach & Myrtle Beach, SC and Wilmington & Raleigh, NC is rated in the Top 5 Tax Controversy CPA Profiles/Linkedin and as a United States Tax Court Litigator licensed in all States works to stay current on all IRS decisions concerning tax litigation to ensure we are fully informed and prepared for our clients.

Telephone 800.230.7090   Email: bestcpa@bestirscpa.com  Web: bestirscpa.com

North Myrtle Beach, SC Tax Controversy CPA

J. Frank Best a North Myrtle Beach, SC Tax Controversy CPA  with locations in North Myrtle Beach & Myrtle Beach, SC and Wilmington & Raleigh, NC is rated in the Top 5 Tax Controversy CPA Profiles/Linkedin and as a United States Tax Court Litigator licensed in all States works to stay current on all IRS decisions concerning tax litigation to ensure we are fully informed and prepared for our clients.

Telephone 800.230.7090   Email: bestcpa@bestirscpa.com  Web: bestirscpa.com

No Tax Court Jurisdiction Over Employment Tax Liability

A recent Tax Court decision was reported dealing with Tax Court Jurisdiction. J. Frank Best, Tax Controversy CPA/U. S. Tax Court Litigator with locations in Raleigh and Wilmington, NC  & North Myrtle Beach and Myrtle Beach, SC works to stay current on all IRS decisions concerning tax litigation to ensure we are fully informed and prepared for clients

No jurisdiction was determined by the Eighth Circuit and the Eight Circuit affirmed the dismissal of an S corporation’s Tax Court petition challenging an IRS determination that the compensation paid to the sole owner and officer of the S corporation was unreasonable. The Eighth Circuit found that there was no actual controversy under Code Sec. 7436 as to the determination of the S corporation shareholder’s employment status for Federal Insurance Contribution Act (FICA) tax purposes and thus Code Sec. 7436 did not come into play. Azarian v. Comm’r, 2018 PTC 229 (8th Cir. 2018).

Under Code Sec. 7436(a)(1), the Tax Court has jurisdiction over a petition if there is an actual controversy involving a determination that an individual performing services is an employee for FICA tax purposes. Thus, the issue was whether there was an actual controversy involving a determination that Azarian was an employee for FICA tax purposes.

The Eighth Circuit affirmed the Tax Court’s dismissal for lack of jurisdiction. The Eighth Circuit found that even if there was an actual controversy, it did not involve a determination that Azarian was an employee for FICA tax purposes as required under Code Sec. 7436(a)(1). The court determined that by reporting wages to Azarian each year, the S corporation claimed Azarian was an employee, so the IRS did not make a determination on that issue. Instead, the IRS relied on the S corporation’s classification.

Improvements to Rental Home/Contact Best Tax Controversy CPA/U.S. Tax Court Litigator

A recent Tax Court decision was reported dealing with Improvement to Rental Home.   J. Frank Best, Tax Controversy CPA/U. S. Tax Court Litigator with locations in Raleigh and Wilmington, NC  & North Myrtle Beach and Myrtle Beach, SC works to stay current on all IRS decisions concerning tax litigation to ensure we are fully informed and prepared for clients

Couple Can’t Deduct Cost of Improvements to Home Allegedly Rented to Relatives: In Perry v. Comm’r, T.C. Memo. 2018-90, the Tax Court held that a couple did not establish that they rented their second home to relatives and that, even if the court were to find that the couple did in fact rent the house to their relatives, the couple failed to carry their burden of establishing improvements to rental that they rented such home at fair rental value. Thus, the court denied the couple’s deduction for improvements made to that home.

Restitution Payment- J. Frank Best, Tax Controversy CPA/U.S. Tax Court Litigator

Restitution Payments

A recent Tax Court decision was reported dealing with Restitution Payments as Part of a Criminal Sentence.  J.  Frank Best, Tax Controversy CPA/U. S. Tax Court Litigator in Raleigh and Wilmington, NC  & North Myrtle Beach and Myrtle Beach, SC works to stay current on all IRS decisions concerning tax litigation to ensure we are fully informed and prepared for our clients.

The Tax Court held that a taxpayer was not entitled to a miscellaneous itemized deduction for a $400,000 restitution payment made in 2014. The court concluded that (1) the taxpayer did not show that the restitution payment promoted or protected his trade or business of being an employee; (2) the taxpayer did not present any evidence that the primary purpose or motive for the payment was other than that he was required to make the payment as part of a criminal sentence; and (3) the taxpayer did not enter into the restitution transaction with the intention of making a profit. Washburn v. Comm’r, T.C. Memo. 2018-110.

Conclusion

The Tax Court held that Washburn could not deduct the restitution payments as a miscellaneous itemized deduction in 2014. The court began by noting that the restitution payments would be deductible as a miscellaneous itemized deduction if they constituted expenses attributable to the performance of services as an employee under Code Sec. 162(a), losses related to the performance of services as an employee under Code Sec. 165(c)(1), or losses incurred in a transaction entered into for profit under Code Sec. 165(c)(2).