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Florida’s Water Crises: Can We Afford The Solutions? (Part III)

Published: July 10th, 2017

By: Michael D. Minton Brad Gould Dana M. Apfelbaum

As we’ve discussed in Part I and Part II, the renewed focus on water projects due to discharges from Lake Okeechobee and the occurrences of blue/green algae is accompanied by a renewed effort to involve private landowners in the development of water attenuation projects. We’ve now explored the exceptions to the general rule that government […]

Part III: Passive Activity Loss Limitation and Real Estate Professional Tax Rules

Published: June 21st, 2017

By: Stephen R. Looney

In Part III of the series, we continue to look at the passive activity loss limitation rules to clarify what constitutes a real estate professional for the purpose of rental property losses. In Part I and Part II of this series, the court found the taxpayers did not qualify as real estate professionals. However, Zarrinnegar […]

Part II: Passive Activity Loss Limitation and Real Estate Professional Tax Rules

Published: June 7th, 2017

By: Stephen R. Looney

In Part I, we discussed the passive activity and loss limitation rules and how they can affect real estate losses. In Jones vs. Comm’r, the taxpayer failed to provide logs from their insurance job, which resulted in a non-qualification as a real estate professional. This week, we look at the Makhlouf v. Comm’r case, which […]

Part I: Passive Activity Loss Limitation and Real Estate Professional Tax Rules

Published: May 18th, 2017

By: Stephen R. Looney

Taxpayers who engage in rental real estate activities will generally seek to have rental property losses from such activities characterized as non-passive. In several recent decisions, the Tax Court once again emphasized the importance of taxpayers being able to substantiate the time they claim to spend performing rental real estate services in order to qualify […]

The Florida Commercial Rent Tax: Four Traps for the Unwary

Published: March 28th, 2017

By: Robert S. Goldman

As the only American state with a sales tax on commercial rentals, Florida has a history of presenting businesses with unwelcome surprises in the form of audit assessments. What follows below is a summary of the top four misunderstandings that create taxpayer exposure. Tax base is broader than just “rent.” The measure of tax is […]

Tax Court Holds Income was Improperly Attributed to S Corporation

Published: March 28th, 2017

By: Stephen R. Looney

In a recent case, the Tax Court addressed the issue of whether income should be reported by a Taxpayer providing services or an S corporation established by the Taxpayer. Taxpayers often seek to report income generated from services provided through an S corporation on such S corporation’s tax return, but as the case below demonstrates, […]

IRS’s Informal S Corporation No-Rule List Includes Three New Items

Published: March 16th, 2017

By: Stephen R. Looney

A taxpayer may, for a fee, request a written letter ruling from the IRS interpreting and applying tax laws to the taxpayer’s represented set of facts. However, there are some issues in which the IRS will not issue a letter ruling. Taxpayers should note that the IRS has recently added three new issues to its […]

When Do Disclaimer Clauses Bar Fraud Claims?

Published: February 14th, 2017

By: Darryl M. Bloodworth

When Do Disclaimer Clauses Bar Fraud Claims: Billington v. Ginn-La Pine Island, Ltd., 192 So.3d 77 (Fla. 5th DCA 2016) Background of Case The Plaintiff was an investor from the UK who had invested in Bobby Ginn developments previously. In the 2004-06 time frame, he bought two lots in Bella Collina, a high end development in Lake […]