Tax lawyer, sports fan, host/chatterbox
@howtaxworks
. I accept bobbleheads as payment. Tweets are not legal advice; views are mine, not my employer's. He/him
I reported a senior partner at
@PwC
for having an inappropriate relationship with an associate (I saw them kissing; he was 50 and she was 24). They told me they knew and would not be taking further action. It was the *second* time he was cheating on his wife with an associate.
What’s your most ridiculous personal HR experience?
I’ll go first.
Once had HR complain to my boss that I was reading with my feet on my desk. I was managing a $1.1 Billion corporate bond portfolio while getting in trouble with HR for having my feet on my desk. Good times.
@BadLegalTakes
For those wondering: This isn’t a gift under the IRC (tax law). It’s taxable income to the recipient, despite the attempt to the contrary.
Nope. Here's why:
1. It's income to your parents and no write-off.
2. The IRS would disallow the deduction for the payment to your parents because I they're not working for your business.
3. Don't trust someone wearing a matching shirt & tie for tax advice.
I'm always fascinated by people who make more than $250,000 per year, yet they seem to not own a printer with a scanner or a properly functioning light, so they send pictures of documents that I can only assume were taken while a toddler was hitting them with a toy guitar.
I just wrote "Have a good weekend" in an email to a tax accountant at a Big 4 accounting firm whose first line on LinkedIn says "Preparation of complex individual tax returns". I suspect she won't be having a good weekend.
Rules for putting together a good excel spreadsheet:
1. One font, one size
2. No highlights
3. Format for printing or provide a formatted PDF
4. Bold to emphasize or for labels
5. No in cell comments, add a column
6. Have a summary page
Anything I'm missing?
Me “There won’t be a K-1.”
Attorney “It’s an LLC; the owner receives a K-1.”
M “Not if it only has one member. It goes on Schedule C of the owner’s 1040.”
A “Are you sure? I own 100% of my LLC, I get a K-1.”
M “Is it an S Corp?”
A “No.”
M “You should fire your accountant.”
Tell me you’re taking incredibly aggressive tax positions that won’t withstand audit without saying you’re taking incredibly aggressive tax positions that won’t withstand audit. I’m looking at you
@sweatystartup
What bothers me the most is that he cheated on his wife and has been entirely unrepentant and unapologetic about it. What baffles me the most is that people who talk about the "sanctity of marriage" still support him. I don't get any of it.
Hear me out: Greg was the dick who tried to negotiate on price without first learning whether the price was reasonable (which it was). Then Greg cut off his own nose because he didn't want to admit he screwed up.
#TeamLandscaper
Dear Accountants,
I get that you're busy and stressed. The deadline is in nine days and some of your clients haven't sent you important information. You're not sleeping enough and you need a break. I get it. I really do. 1/
A client asked me what percentage of tax law I knew. I answered "8-10%, maybe 15 at the most."
I am convinced that no one can know more than 20% unless they literally do nothing but read, study, and write memos/opinions.
Tax preparer idea:
1. Require clients to update their W-4s. Make them withhold an extra $50 per paycheck.
2. Prepare returns and OH MY WHAT A HUGE REFUND. Look like a hero and get a lot of referrals without doing any actual tax planning or helping your client at all.
3. Profit.
Potential client is insisting his entity is “taxed as an LLC” and “not as a partnership or S Corporation”. I told him I don’t think I’m the right tax advisor for him and he is NOT pleased.
My wife told me that I write emails like a lawyer and I need to be more informal. I replied "While your contention has significant merits, I disagree."
A CPA just emailed me this:
"A client just bought shares of an S Corp with a preferential return. I told him congratulations on buying shares in a C Corporation."
I want to meet the person who came up with the term "hot assets" and punch them in the face because EVERY SINGLE TIME I have to convince the client or the attorney it's a real thing and I'm not just making a joke.
A counterparty's accountant just yelled at me (through email) for putting something in writing because now he "can't do" what he "wants to do". That was *why* I put it in writing, homeslice.
Allow me to clarify. Cheated on his wife with an associate. Divorced wife and married associate, now banging another associate while cheating on his new wife. Lovely human being.
New: The plan for how the IRS will spend its $80 billion is coming soon, but lobbyists are already fighting to scale back its ambitions.
First up: the tax preparation industry, which does not want to see the IRS create a free filing system of its own.
!NEWS NEWS NEWS! My podcast will be dropping on Monday, June 10. It will be titled “How Tax Works” and it has its own twitter account
@HowTaxWorks
. It was supposed to be released today but was not for a reason that I will discuss at the end of this thread. So, let’s do this:
omfg I cannot believe what I was just told and omfg it's going to happen this is so good you have no idea and you'll all find out in TWO DAYS it's going to be so amazing holy shiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiit
Client: We fed the purchase agreement into ChatGPT.
Me: The confidential agreement that's subject to a NDA and contains non-public information? You fed that into Chat GPT?
Client: Yes.
Me: Why?
Client: To see what it thought of it?
Me:
During my next audit defense I should tell the IRS that we don’t have documents because we shredded them and they shred documents too so it’s fine just trust me.
If you go into a sandwich shop and order a sandwich, do you then say "hey, my child is here give them a sandwich for free or else you're a scumbag?" Asking for a friend.
If tax preparation software were as good as people think it is and accountants do as little as people think they do, then shouldn't we all just use TurboTax?🤔🤔🤔
Hi, I'm a tax attorney. You might know me from my hits "Yes, I can explain why Amazon pays no tax and no it really isn't that bad", "Funding the IRS more would probably lower your taxes, really", and "No, I'm not a CPA, but I promise I know tax law pretty well".
Hi, I’m an accountant. You might know me from my hits “I just worked 70 hours this week,” “I cant go because that’s during busy season,” and the chart-topping, “no, I can’t help you with your taxes.”
I agree, but the IRS is so chronically underfunded that it has no chance with current funding levels. They need more resources, more staff, and better technology. They're great jobs - interesting, good benefits, good lifestyle. They need more funding.
#FundTheIRS
My favorite clients are the ones who can't pay their taxes and complain about the retainer, but also can't upload the documents right now because the wifi isn't great because they're on a glacier in Patagonia.
Hear me out: Partners of a partnership/LLC should be allowed to be paid via W-2s that have a little check box that calls the payment a "guaranteed payment" and flows onto their K-1 as well. I think that would be much easier.
Also, and this is important, she didn't owe more than she made. She owed more than she took out of her company. This fundamental concept of pass-through taxation is extremely simple, and someone with a BSEE from Stanford and a MBA from MIT Sloan should be able to understand it.
Last yr, I personally paid more in taxes than what I made (!!).
I was completely shocked - I didn't think it was possible to *owe more* than you make. But it is.
To be clear, this post isn't meant to ask for pity, but I think it can help a lot of ppl out.
More >>
@AccountingAsArt
I accepted a job at a different firm and gave notice at my old one. My bosses went through 4 of the 5 stages of grieving while I was on the phone telling them. I'll post more about this in the next week or two.
If Twitter dies or becomes unusable, please know that I have enjoyed interacting with you all. Many of you have my phone/email, but if you don’t, it’s on the firm website. If you’re ever in NYC hit me up and we’ll get crappy coffee or a delicious bagel.
#taxtwitter
Client: What do you mean I can't have profit-only class of stock?
Me: You're a S Corporation. You can have one class.
C: That's not what my accountant told me.
M: They're wrong.
C: What if I have three classes?
M: You're a C Corporation.
C: But my accountant...
M: ... is wrong.
Time for some professional news! After 4.5 years (almost to the day) of being a solo practitioner, today is my first day as Tax Counsel at Chiesa Shahinian & Giantomasi PC. 1/5
hahahaha a former client who didn't pay his last bill just emailed me to say that his accountant couldn't help him with his tax return and he was wondering if I could finish the return by today. hahahahahahahahahahahhahahahahahahahahahhahaha hard pass
Say you don’t know how “ordinary and necessary” is defined by tax law without saying you don’t know how “ordinary and necessary” is defined by tax law.
If you have ever wanted to watch me complain about S Corporations for an hour *and* receive CLE and/or CPE (EA and CPA) credit for it (for free!), then this will be for you. I promise that I will tweet out the sign-up link closer to the date, but October 29, 2024 from 1-2p ET!
The best way to create generational wealth isn’t a retirement account or insurance or any financial product. It’s having wealthy family members give you lots of money.
I rewrote the headline: "After nearly 20 years, the maker of TurboTax is leaving the IRS program that gives TurboTax the ability to incorrectly charge a fee for tax return preparation to Americans who should be able to file for free."
@mountainwesttax
I like how one of them is like "you need to have health insurance" and the other one is "you're in Mexico so you don't need health insurance".
A CPA is arguing with me that the receipt of equity in a LLC in exchange for services, which the CPA keeps calling "sweat equity", does not result in the recognition of income. The business is an ongoing business with significant tangible and intangible assets.
Tax returns should have a check box and you can auto-enter into an installment agreement for 24 months. I get way too many emails/calls this time of the year (every year) for people who owe like $50k. They don’t need a tax lawyer they need an easy installment agreement.
About twice a year I get a “potential client” who wants me to defend their audit after they’ve done this or provide a legal justification for doing this or some other garbage (sovereign citizen, etc.), and I’m nice when I say no until they get belligerent (and they always do).
One thing that I will NEVER understand is that people do not understand is that without the IRS (or a replacement), there would be no money to fund the government. If you want post-apocalyptic dystopian in the next five years, I suppose that's an option.
Once a month my wife asks me why I don't input my time as I go. Once a month I have to explain to her that she's correct and I should do that next month.
@Popehat
Friends in other parts of the country keep asking me if NYC feels dangerous with the "spike in crime". My go-to reply is "it's still lower than when Giuliani was Mayor."
A lot of people ask why I love living in NYC when I could live in a part of the country with a huge house, etc. I just ordered a pasta with a dynamite arrabiata sauce at 9pm and it came in 17 minutes... plus we don't ban books here. ✌️
My last tax return of the year is nearly done, but I need to do a freebie return for my client's 14 year old son who has like $50 in dividend income but thinks it's "cool" to file his tax return.
My take? Couples splitting things 50/50 is bullshit. Pool your money and discuss large purchases. It’s not either of your money. It’s both of your money. F this guy.
I got emails from four different accountants from 3-5am. Every single one of them lives and works in a state that borders the Atlantic Ocean. Can't imagine why accounting is struggling to keep up with hiring.
My advice to accountants who are reading the allocation/distribution section of an LLC's operating agreement: Keep reading. Read the entire section. Read it twice.
Lawyer: How would you describe how you use twitter?
Me: Shitposting, sports hot takes, criticizing people for their lack of knowledge about esoteric areas of tax law, and jokes about depreciating land.
Lawyer: Does anyone respond? Do you have a lot of followers?
Me:
S Corps are the biggest fucking headache. Congrats on the $14k of tax savings every year! Enjoy the $200k legal/accounting bill when you reorg to sell or take an investment.
Attorney: "If it's an LLC, how can it be an S Corporation? I don't know what you're talking about."
Me (thinking): Yes, I know you don't.
Me (out loud): What kind of return does it file? A 1065, 1120, or 1120S?
Attorney: It's an LLC and it files an 1120S.
Me: ¯\_(ツ)_/¯