↧
Captive Insurance Plans
↧
TaxAlmanac - A free online tax research resource and community - User:Lance Wallach
↧
↧
Bestselling AICPA CPE Self-Study Courses -Avoiding Circular 230 Malpractice Traps and Common Abusive Small Business Hot Spots, by Sid Kess
↧
Captive Insurance Plans
↧
IRS tax relief firm, Lance Wallach, speaking: IRS tax relief firm, Lance Wallach, speaking: As a...
IRS tax relief firm, Lance Wallach, speaking: IRS tax relief firm, Lance Wallach, speaking: As a...: IRS tax relief firm, Lance Wallach, speaking: As an expert witness Lance Wallach side has never ... : As an expert witness Lance Wallach sid...
↧
↧
IRS tax relief firm, Lance Wallach, speaking: Abusive Tax Shelters: 419 and 412 Plan Fraud
↧
Captive Insurance & 419 Plans Litigation: January 2013
↧
Tax Resolution Sevices - Attorneys-USA.org Lance Wallach
↧
IRS tax relief firm, Lance Wallach, speaking: IRS tax relief firm, Lance Wallach, speaking: As a...
IRS tax relief firm, Lance Wallach, speaking: IRS tax relief firm, Lance Wallach, speaking: As a...: IRS tax relief firm, Lance Wallach, speaking: As an expert witness Lance Wallach side has never ... : As an expert witness Lance Wallach sid...
↧
↧
Alternative investments can be a great |
↧
lance wallach expert witness | Business Valuations Web Site
↧
Lance Wallach and his associates provide Expert Witness Services |
↧
Captive Insurance & 419 Plans Litigation
↧
↧
Check out my #constantcontact newsletter
↧
419PLANS.COM: Tax Audits_(516)938-5007
↧
Lance Wallach and his associates provide Expert Witness Services |
↧
lancewallach.com Blog | Benistar
↧
↧
Captive insurance plans, want to get audited?
The insurance industry have been conjuring ways to make life insurance premiums tax deductible. Over the years we have seen many schemes that have failed IRS scrutiny. Welfare benefit plans set up under I.R.C. section 419, 412(e) plans and Producer Owned Reinsurance Companies (PORCs) are all common examples.
When one scheme fails it isn’t long before a resourceful promoter comes up with a different product. Inevitably promoters find some lawyer or accountant to draft a favorable opinion letter and a new industry is born. In a few years, however, the IRS catches up and declares the arrangement to be a listed transaction and abusive tax shelter. As an expert witness I have never lost a case in this field. It is easy to beat the deep pockets of the insurance companies who provide product to these plans. Even though they have business owners sign fraudulent disclaimers saying that the owners will get their own tax advice. These disclaimers are then used when the inevitable happens, the IRS audits and the business owner sues the insurance company.
The latest entries seeking to find a way to make life insurance premiums deductible is a small business captive insurance company or CIC.
How do they work and what will the IRS do? Great questions.
Congress has long given special tax considerations to life insurance. IRC section 101(a) provides that life insurance death benefits can be paid to the beneficiaries’ tax free. The IRS also allows the investment gains of the policy to grow tax free on whole life policies until retirement. If a whole life policy is held until death, the gains are completely tax free.
The latest entries seeking to find a way to make life insurance premiums deductible is a small business captive insurance company or CIC.
How do they work and what will the IRS do? Great questions.
Congress has long given special tax considerations to life insurance. IRC section 101(a) provides that life insurance death benefits can be paid to the beneficiaries’ tax free. The IRS also allows the investment gains of the policy to grow tax free on whole life policies until retirement. If a whole life policy is held until death, the gains are completely tax free.
To Read More Click Link Now
↧
IRS Audits 419, 412i, Captive Insurance Plans with Life Insurance, and Section 79 Scams
IRS Audits 419, 412i, Captive Insurance Plans with Life Insurance, and Section 79 Scams
By Lance Wallach
The IRS started auditing 419 plans in the ‘90s, and then continued going after 412i and other plans that they considered abusive, listed, or reportable transactions, or substantially similar to such transactions.
In a recent Tax Court Case, Curcio v. Commissioner (TC Memo 2010-115), the Tax Court ruled that an investment in an employee welfare benefit plan marketed under the name “Benistar” was a listed transaction in that the transaction in question was substantially similar to the transaction described in IRS Notice 95-34. A subsequent case, McGehee Family Clinic, largely followed Curcio, though it was technically decided on other grounds.
The parties stipulated to be bound by Curcio on the issue of whether the amounts paid by McGehee in connection with the Benistar 419 Plan and Trust were deductible. Curcio did not appear to have been decided yet at the time McGehee was argued. The McGehee opinion (Case No. 10-102) (United States Tax Court, September 15, 2010) does contain an exhaustive analysis and discussion of virtually all of the relevant issues. Click here to read more.
↧
Plans Have Money Overseas Which would potentially subject the participants to additional IRS penalties | Lance's Blog
↧