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Business And Personal Federal Tax Liability

Decent Essays

Rachel Pohlman
Attorney at Law
4539 Main Street
Boston, Massachusetts 02139
(419) 459-3400

April 2, 2017

Jim Harbaugh
Small Business
5837 Tenth Avenue
New York, New York 18733

Dear Mr. Harbaugh:

I hope you are doing well. Recently you contacted me seeking tax planning advice. As you have specified, you are planning to invest in a small business with about a $1 million annual revenue. Specifically, you are seeking advice on minimizing both your personal federal tax liability, and the federal tax liability of the business. I believe there are several different strategies that will result in minimization of your tax liability. I will explain these strategies more fully by focusing on both the small business and personal federal tax …show more content…

Is the business that you are investing in a Partnership, C Corporation, Sole Proprietorship, Limited Liability Corporation, or an S Corporation? If you are investing into a Partnership you may not deduct a partnership expense you pay with your own funds, unless you are required to do so pursuant to the partnership agreement or customary practice. Johnson v Commr, TC Memo 1984-598. Therefore, it may be in your best interest to avoid paying out of your pocket for partnership expenses that are reimbursable by the partnership, including but not limited to; travel, meals, entertainment, and continuing legal education. Id.
If your business investment is an S Corporation, IRC Section 183, would bar you as an individual, or the S Corporation itself, from deducting amounts spent on activities that are performed as hobbies. Is the intention of the business you are investing in to earn profit? You will want to make sure that your business is a profit-seeking business, because this is the only way that you will be able to deduct in a trade or business or for your business investment expense. IRC Section 162, IRC Section 212. This rule also applies if your business investment is for a partnership. Therefore, it is vital that the business investment is for the intention to make profit. Id.
Furthermore, to minimize your federal tax liability, it is important to be prepared if the IRS decides to re-compute your personal income or the income at a

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