101 W. Friendly Ave., Suite 400
Greensboro, NC 27401
 
June 19, 2013
Desmond new 2011   
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The following alert is from Desmond Sheridan

  

He Made a Federal Case of it - and Lost

 

Here's the scenario: You're a successful oral surgeon.  In 2008 and 2009, you went a little overboard on tax deductions.  You took travel expenses for commuting to your office and deducted meals that weren't related to your business.  Everybody does it a little, right?  Anyway, your 2009 car expenses claimed were $24,288 for which you have receipts of $1,771.14.

 

Enter the IRS auditor who disallows most of what you claimed.  This is a summary of what happened in a recent Tax Court case, Javad Bigdeli, et ux. v. Commissioner, (2013) TC Memo 2013-148.  How did Dr. Bigdeli handle it?  Maybe he consulted a tax advisor who said these things have never been deductible, and if they were, you don't have the substantiation to claim them?  Reluctantly paid the tax owed?  Of course not.  Instead, Dr. Bigdeli literally made a federal case of it.  Of course, the Tax Court upheld the IRS.

 

The point here is not that these particular personal expenses are not deductible - they never have been and the court's decision is no surprise at all.  What's interesting is that the taxpayer, in the face of being utterly wrong and with no chance of success decided to take the claim to court.  While that is (of course) his right, it's a window into human behavior.  No doubt, Dr. Bigdeli really believed he shouldn't have to pay this tax and was being wronged by the government.  However, you would think an educated taxpayer would understand the futility of this and the reality that a Tax Court case wasn't going to get him anything but additional expense. 

 

You can't win 'em all, but with cases like this, you can't win any of 'em.  My bet: an appeal is coming. 

 

 

About the Writer

Desmond G. Sheridan is a partner in the Greensboro law firm of Isaacson Isaacson Sheridan Fountain & Leftwich, LLP and is a certified public accountant.  His practice areas are business transactions, tax, corporations, limited liability companies, commercial real estate and estate planning.  Sheridan has served on the Board of Directors of the North Carolina Association of Certified Public Accountants and has been recognized as a "Best Lawyer in America," a North Carolina "Super Lawyer" and a member of the "Legal Elite" by Business North Carolina.  He has given numerous continuing education presentations to CPAs and attorneys.

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