Gail in Virginia

By April 15th I understand why Catherine spends so much time on the shooting range. If one of her clients makes her mad enough, she wants to be sure she doesn't miss! Too bad we can't really, it would probably improve the breed.

I hope you get to spend time with him soon, and that his heart issues are controlled for a long time to come. Prayers with you.

Thanks, Elrod!

Terry, not the time of year to do research for someone else BUT my gut reaction would be that as long as he is building the same KIND of property that was destroyed, it should not matter that he builds it on a different lot.

Love the popcorn emoticon, but some days would like to have an emoticon that is knocking back a quick shot. *sigh*

Love that first scam - I have probably been guilty of that because sometimes the return IS more complicated than they told me over the phone. Which is why I hate pricing returns sight unseen. And why I warn them when I give them a range of prices that it might change if there is more involved in their return than I was aware of.

But because the timber would have been a capital asset in the mother's hands, as long as she had held it for over one year before gifting it, they should be able to use LTCG treatment for the sale. And I agree with Jack; if they don't want to pay the taxes, gift it to me. I will pay my share!

And if the date of death was November 2012, you can begin the fiscal year for the estate on November 1, 2012 through October 31, 2013 and they will only be a few months past due on the return as opposed to a year. However, look closely at the income and expenses, and the timing of each, to determine the best fiscal year end for the estate. That will be established with the first 1041 filed, so if nothing has been filed yet you can play with dates a little bit to get the best results.

I had to google contra dance, but good for you Catherine!

Could the one with the fellowship be considered a full time student? If so, he or she would be considered to have earned income. If not, and if the fellowship money doesn't qualify the individual, they are probably out of luck. 'Cause I don't think anyone with that large a grant could be considered physically or mentally incapable of self-care.

Thanks. That was all that I was seeing, but just don't do a lot of returns from Nebraska!

Happy Anniversary! i hope that you take at least a few minutes to celebrate!

Why do people with unusual returns wait until April 1 to come see me? Not that this return is so unusual, it is actually a very simple, straightforward 2 W-2 tax return BUT they moved here from Nebraska last summer. So like Judy, I am asking if there is anything in particular I should be aware of for a part-year Nebraska return?

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I think the best part about killing those you can't contact is that no one will know for weeks that they are gone - they will just keep trying to get in touch with them.

But ignoring that it was for education, if he was previously taxed on this $38,000 and has to repay it in 2013, then can't he either deduct it on Sch A or take it as credit under claim of right, as explained in Pub 525? Would that do him more good than going back for education credits when he did not pay for the education he just repaid his employer?

Offhand, I can't answer about the NC part-year. The "oddities" I can think of offhand for them, however, are on pension income, self-employment income, severance pay, and charitable contributions. Almost all pension/IRA accounts get a $2000 exclusion.for pirvate pensions, or $4000 for government pensions. Up to $35000 of severance wages received as a result of permanent involuntary termination through no fault of your own is excludable from NC income. Net Business Income that is not considered passive can be excluded up to $50,000. Depending on income, charitable contributions are sometimes (rarely) deductible without itemizing. If you took the tuition and fees deduction on the federal, that has to be added back for the state. No exclusion from income for discharge of qualified principal residence indebtedness, or IRA used for charitable contribution, nor can you deduct tuition and fees or DPAD on NC. And they do not recognize same-sex marriages. I hope someone from NC will also post - we do a few NR NC returns, and a few resident NC returns since we are near the border. But I am not an expert!

Karen, that has to be hard on you and not a good time to think through complicated tax issues. I am so sorry for your loss.

Do you have the instructions that came with the installation disk? I hate to belabor the obvious, but I always read and follow the instructions. Without going back and digging out old instructions, the only thing I remember that I am sure about is that you install the server first. I might be wrong, but I am sure,

But I do miss the tremendous form selection on ATX. Course, I also miss the days they were located in Maine and answered the phone....

For low income credit, income must be below federal poverty level which I think is just less than $12,000. Since they qualify for federal EIC, they get a credit based on that equal to 20% of the federal EIC. If federal EIC is $13, then 20% is $2.60 for Virginia. Lynn's advice is spot on.

Also, just like the numbers doubled if she is married and her spouse "gives" half the gift, if her dad is married she could give his spouse the same amount she gives her dad without triggering a gift tax filing requirement. Sometimes this is appropriate and works, and sometimes for all kinds of reasons this is not what the giver wants. But remember, that is all gifts during the year total $14,000. per person per giver. If she already gave her dad a $1000 birthday present in January, it would drop the available exclusion to $13,000 for this calendar year. Or if she plans to give Christmas presents, the amount she will spend on her dad would need to be taken into account. I am sure you realize that, but we need to be careful to spell that out for clients.

Has a sales price been agreed on that these extra payments are going towards? I would wonder if they should be installment sale payments, and then if the sale falls through you calculate the gain or loss on repossession. But it sounds like these extra payments may or may not go towards some distant agreement to sell that does not have a negotiated price yet. In which case they seem to be rent, and just have the added feature of lowering the sale price, whatever that turns out to be. Landlord would have more income now, but less upon sale of property. Doesn't really sound like a good deal for the tenant from the little information given.

Supposedly, Virginia reports them to the federal agencies, but I have yet to have IRS or DOL come in wanting money after a UI audit reclasses an employee. I expect them, but so far my clients have gotten by.

And if you all want to pay me $1 or $2, I will report the income, pay the taxes and not gripe (much). Promise.