Waiver of Penalty and Interest for North Dakota State Income Taxes

North Dakota tax authorities may waive or reduce penalty and interest on delinquent state income taxes for good cause shown.[1] The North Dakota Administrative code provides three ways a taxpayer may show good cause. First, penalties and interest may be waived for good cause if the taxpayer has been cooperative during the audit process and…

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Foundational Principles of Wyoming Property Taxation, Part II

This is a continuation of a brief overview of key Wyoming property tax principals for Wyoming ad valorem taxation. Board of Equalization. The County Commissioners sit as the Board of Equalization.[1] The Board of Equalization hears complaints of property assessments.[2] Presumption. Once an assessor arrives at a value for a property, “[a] strong presumption favors…

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IRS Allowable Expenses in Calculating an Offer in Compromise

In determining whether the IRS will accept an offer in compromise, the IRS determines the taxpayer’s monthly income and then allows the taxpayer to subtract from the income certain monthly expenses. Absent good cause, the IRS has promulgated local and national standards for most expenses. For example, the taxpayer is not permitted to deduct the…

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Foundational Principles of Wyoming Property Taxation, Part I

Wyoming does not have a state income tax. Therefore, property taxation, also known as ad valorem taxation, plays a key role in funding Wyoming state and local government operations. Below is a brief overview of key Wyoming property tax principles for Wyoming ad valorem taxation. Constitution. The Wyoming state Constitution is the starting point for…

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How to Determine Equity in Assets for an Offer in Compromise

To determine whether the IRS will accept an offer in compromise and the amount of the offer, in addition to requiring the taxpayer to pay future income, the IRS requires payment of the net realizable equity in the taxpayer’s assets. Net realizable equity in assets must be calculated per IRS guidelines. The starting point is…

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For Obvious Frivolous Tax Appeals, the Tax Court Can Make the Taxpayer Pay

The 9th Circuit Court of Appeals just made a taxpayer put his money where his mouth was. The Court of Appeals upheld the US Tax Court’s sanction of $2,000 for a frivolous tax appeal. In Rkyskamp v. Commissioner of Internal Revenue, Docket No. 6595, the taxpayer filed a US Tax Court petition to challenge tax…

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