You could? You could?!?!?!? But..but...Harvey...I thought you were a CTC Warrior? You mean you DON'T file as shown by your favorite future-criminally-incarcerated blowhard, Peter Hendrickson? Are you going to let a little thing like a courtroom appearance frighten you? You say you know the law, why don't you face them like the other worriers, er, warriors?Harvey wrote:Allan, I will take a break from poking the Quatlosers* and answer you. I attempted to answer a similar question last year here. Box 7 of the brokerage's Form 1099-R will indicate the type of distribution received. Short answer, Yes, I agree that reporting the gain (distribution minus cost basis) as INCOME is the safest route. We were deceived into that IRA/401k scam, not realizing that investments otherwise non-taxable would here be presumed INCOME under the Revenue Acts. I too have taken every dollar out (lemme outta here!). Of course you could challenge/rebut the presumption of income that the 1099 creates (need Navarro link here), but then you're likely looking at a courtroom appearance.
C'mon Harvey...STAND TALL WARRIOR
Good job Harvey! It will take longer to get an SFR filed that it will be to get a CP2000 notice. Way to delay the inevitable! This is what you learned to do from Petey, right?Also, be thankful you're an independent contractor like myself. It appears we 1099 folks have it much easier escaping the Income Tax scam as represented and collected by the IRS.
Haven't been able to get any posts approved, eh?*Professional driver on closed course. Do not attempt at home without . .
http://openjurist.org/988/f2d/27/portil ... al-revenue---------------
edit: OK I found the Navarro link.
http://www.losthorizons.com/TaxTip.htm :
An allegation on an "information return" is "reasonably disputed" merely by a sworn rebuttal, each being of the same legal stature-- Joe's affidavit v. Sam's affidavit. A tribunal is not in a position to unilaterally honor one and dishonor the other. As held by the Fifth Circuit Court of Appeals in reversing a Tax Court decision and ruling a deficiency determination invalid:
Quote:
“The Commissioner's determination that Portillo had received unreported income of $24,505 from Navarro was arbitrary. The Commissioner's determination was based solely on a Form 1099 Navarro sent to the I.R.S. indicating that he paid Portillo $24,505 more than Portillo had reported on his return. The Commissioner merely matched Navarro's Form 1099 with Portillo's Form 1040 and arbitrarily decided to attribute veracity to Navarro and assume that Portillo's Form 1040 was false.”
"Therefore, the judgment below regarding unreported income must be reversed." Portillo v. Commissioner of Internal Revenue, Fifth Circuit, 932 F.2d 1128 (1991)
The court was correct, but not for the reason Harvey thinks. (shock) From the above link...
Ramon and Dolores Portillo live in El Paso and own a small house painting business. The 1984 tax return filed by the Portillos reports that $10,800 was received from Mr. Navarro, a general contractor. Mr. Portillo used his receipt books to reach this figure, since Navarro had not supplied him with a timely 1099 report. When Navarro's Form 1099 was filed (in 1985) it revealed a substantial discrepancy from the information provided by the Portillos. Navarro reported that he paid $35,305 to Portillo in 1984.
During an investigation into this matter, the IRS was informed by Navarro that he could not provide documentary support for the amount reportedly paid to Portillo. Despite the apparent unreliability of the 1099 reporter (Mr. Navarro), the IRS issued a notice of deficiency to the Portillos. When the Portillos requested a redetermination of the deficiency, the IRS took the position that their notice of deficiency was presumed to be correct. The burden of proving that the excess payments were not received was imposed upon the Portillos.
So, on a legitimate claim, one backed up by actual records, and not by frivolous dung, someone CAN get a judge to rule against the IRS.
Or STAND ON THE SIDELINE WHILE OTHERS PUT THEIR BUTTS ON THE FIRE WARRIORS. Whichever is more convenient for you.STAND TALL WARRIORS!