BERNARD J. POWERS

TAX CASES HANDLED

 

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     Attorney Bernard J. Powers has been involved in over 210 tax matters since 1995.  General descriptions of different tax matters worked on include:

 

BUSINESS OWNERS’ TAX PROBLEMS

 

  • Defended a former store manager who had been assessed substantial tax liabilities of his former corporate employer, even though he was not an owner or officer.

  • Incorporated a sole proprietorship which had fallen behind on tax deposits and was having levies on its bank accounts and accounts receivable due from customers.

  • Negotiated an acceptable installment payment plan for a client who was not eligible for a compromise but needed time to payoff his tax debt.

  • Negotiated a settlement of the liability assessed against a partner for unpaid partnership payroll tax liabilities.

  • Negotiated an offer in compromise for a corporation with substantial delinquent taxes.

  • Negotiated an offer in compromise for a large Wisconsin sales tax liability incurred by the client’s defunct corporation while under the management of a relative.

  • Negotiated release of a tax levy on a client’s home in order to free it up for sale.

  • Obtained accepted offer in compromise for a business owner who incurred a large liability for payroll tax withholdings.

  • Obtained an accepted offer in compromise for the former owner of a bankrupt corporation  who was assessed personally for unpaid corporate payroll tax

  • Represented a business owner in a voluntary disclosure application with the Wisconsin Department of Revenue for Wisconsin sales and use tax

  • Resolved a large liability with the Department of Workforce Development for unpaid Wisconsin unemployment tax.

 

INDIVIDUAL TAX PROBLEMS

  • Helped a client get back into compliance with the system who had fallen behind in filing tax returns for many years.

  • Negotiated an offer in compromise for a self-employed client who was unable to pay his quarterly estimates and fell behind on tax obligations.

  • Represented a client on a voluntary disclosure application with the Wisconsin Department of Revenue for not having filed his past Wisconsin returns.

  • Settled a Wisconsin individual income tax liability with the Wisconsin Department of Revenue.

 

AUDIT ADJUSTMENTS: EXAMPLES OF DIFFERENT ISSUES IN TAX AUDITS, APPEALS AND LITIGATION DEFENDED BY ATTORNEY BERNARD POWERS

  • Abatement of penalties (negligence, fraud, etc.)

  • Accounting method changes; cash versus accrual

  • Alimony versus Child Support Deduction

  • Automobile expenses

  • Bad Debt Write-off

  • Basis Allocation and Adjustment

  • Cancellation of Indebtedness Income

  • Capital Contributions versus Loans

  • Capital Gain versus Ordinary Income Characterization

  • Capital Losses from Investments in Corporations

  • Casualty Losses from Tax Shelter Investments

  • Charitable Contributions – Valuation

  • Compensation: Unreasonable amount paid to officer

  • Constructive Receipt of Income

  • Corporation:

  • Unreasonable Accumulated Earnings and Profits

  • Personal Holding Company Tax

  • S Corporations:

  • Late Elections

  • Invalid Election

  • Unreasonable Compensation

  • Basis from Shareholder Debt

  • Second Class of Stock

  • Carry Over of Losses

  • Debt versus Equity

  • Dividends Paid Deduction

  • Liquidation

  • Gift Tax

  • Covenant Not to Compete Amortization

  • Depreciation Methods and Deductions

  • Employee versus independent contractor classification

  • Employment Tax: Fringe Benefits Plans

  • Gift Loans

  • Goodwill Amortization

  • Hobby Loss Rules

  • Installment method accounting

  • Installment Sales: Disposition of Installment Obligations

  • Interest Expense on Business Loan

  • Interest Expense:

  • Personal versus Investment Interest

  • Inventory Accounting Methods

  • Inventory Capitalized Costs

  • Levy on Taxpayer’s Checking Account and Home of Taxpayer with Delinquent Taxes

  • Meals

  • Partnerships:

  • Allocations of Tax Deductions among Partners

  • Penalties for Late Filing of Partnership Returns

  • Personal Exemptions – Allocation of Children Between Former Spouses

  • Personal Exemptions for Relatives

  • Prepaid income items

  • Prepaid insurance premiums 

  • Reconstruction of Income Methods

  • Seizure of Property of Taxpayer with Delinquent Taxes

  • Statutes of Limitation:

  • for Assessments

  • for Collection

  • Tax – Free Exchanges of Real Estate

  • Tax Shelter Write-off and Penalties

  • Travel and entertainment expenses

  • Wagering and Gambling Losses

  • Vacation Home Rules

  • Valuation of Gifts