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Frivolous Tax Arguments for Luthiers and Others

By David S Bland, CPA, Luthier (PAGE 2)

 


I am a Sarasota , Fl. Luthier, who happens to own and operate a small C.P.A. firm. I have been in practice for over fifteen (15) years, and a Member of the American Institute of Certified Public Accountants (A.I.C.P.A.) and the Florida Institute of Certified Public Accountants (F.I.C.P.A.). I am a N.A.S.D. Arbitration Judge/Arbiter, Florida Supreme Court Certified, Family and County Court Mediator and Florida Supreme Court Certified Arbitrator.

While you may call me anytime, to discuss a tax issue, it is best to consult your own, personal, C.P.A. If you don’t have one, GET ONE! Don’t wait too long as some elections have time limits as to when they must be filed to effective for the upcoming year. A C.P.A. is trained, tested, and certified, to help you make the right decision. He or she usually has many years experience dealing with many different types of businesses. He or She is licensed and that means there is a License to lose. The State Departments of Professional Regulation is very adamant about monitoring CPA’s. Yes, you might pay a little more…but you get what you pay for. We all try to get the best tone woods and usually get what we pay for. We always explain this concept to our customers so why not take a little of our own advice? Especially when making an important business decision.

Well it’s almost "Tax Time" once again. There are many changes for 2006 in the works. Make sure you set an appointment with your C.P.A. early so you can take full advantage of them. If you wait until 2006- next year, you may lose any current opportunity to lower your 2005 tax bill. Simply put…Do It Now…there is no way to help you in 2006 if you needed to act in 2005. I was going to write about the tax law changes, unfortunately, at the time this article was being compiled, many of the new laws are still being re-written and changed. The new laws should be finalized sometime between 11/30/05 and 12/15/05(Although we have seen Congress issue, and even revise, new law right in the middle of tax season ).

I will write about the new laws in the next article – issue 55. You may want to re-read some of my prior articles in Guitar Magazine issues 46,48, and 51. Most of what was written still has application for 2005 and 2006. You can also read them at my Luthier Website: www.siestakeyguitars.com

In this article I will discuss another topic "Frivolous Tax Arguments".

This is a common topic talked about a lot on talk shows, in bars , street corners, book reviews and radio talk shows. Most proponents claim we don’t have to file tax returns or pay income tax for some reason or another. Here are some( not all ) of the contentions and the I.R.S.’s answers. I have condensed, in most cases, the answers and have left out any case law, in order to fit this information into this article ( It would be a phone book otherwise). You can get the full length version and look up and read the cases if you wish by visiting the I.R.S. website: www.irs.gov/pub/irs-utl/frivolousarguments-3-14-2005.pdf

Contention # 1:
Filing a tax return is Voluntary.

Answer :
"The requirement to file an income tax return is NOT voluntary and is clearly set forth in Sections 6011(a), 6012(a),et seq., and 6072(a). Any taxpayer who has received more than the statutorily determined amount of Gross Income is obligated to file a return."

Contention # 2:
Payment of tax is Voluntary.

Answer:
"The requirement to pay is NOT voluntary, this is clearly stated in Section 1 and 11 of the code. It is also described in Section 6151. Taxpayers are supposed to pay the income tax due with their returns…Failure to do so can result in both civil and criminal penalties, fines, and imprisonment."

Contention # 3:
I.R.S. must prepare tax returns for those who fail to file.

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