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Tax Brake with Robert G. Nath, Esq.


"National Taxpayer Advocate Focuses on Domestic Issues"

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Week of 1/07/02 -
For the past several years, the National Taxpayer Advocate (the internal “ombudsman”) has reported to Congress the 20 most vexing tax issues according to you, the taxpayer public. It should come as no surprise that once again, domestic issues top the list.

Tops on the list are “family status” issues. Here, the NTA identifies no fewer than six problems, including the personal and dependent exemption, head of household status, and the definition of “not married.” As to children, the Advocate says there are three definitions of “qualifying child” for three different purposes: earned income tax credit, child tax credit, and child and dependent care credit. No wonder people are confused. And, the confusion is widespread, for example, 44 MILLION people claim dependent exemptions. The Advocate wants ONE uniform definition, and one that is easy to follow and apply.

Next comes the explosion in “innocent spouse” cases. Of course, the increase is directly attributable to the liberalization of the law, but few expected the currently pending 154,000 cases. And, each one must be considered on its own merits, with analysis, follow up, etc. The new “separate liability” election is also very popular. The IRS notes that the “currently divorced” population is the fastest growing marital category, with 19.4 million. The Advocate's solution is to allow married couples to state their income and deductions separately, without thereby paying more tax or losing other deductions and benefits.

Penalties and interest, home-based workers, and collection procedures round out the list of problems. Bear in mind, these are only the top problems. There are others. The Advocate has taken a forthright stand to Congress, recognizing the political difficulty of fixing the tax code, but concluding, “This nation can ill afford to ignore the increasing burden…and irrationality of our tax system.”


Tax Brake with Robert G. Nath

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