TAX CRISIS RESOLUTION... CLICK ON THESE OTHER ISSUES OF INTEREST
The IRS is known to add gross receipts of all gambling winnings and stock/security
transactions directly to your tax return gross income.  This is done either by the IRS
Service Center or during local audit or when the IRS files “substitute returns” for a
taxpayer who hasn’t filed tax returns voluntarily.

In either case the result can be devastating... Big Tax on Little or No Actual Net Profit.

Here are some common examples.

The IRS is known to add gross receipts of all gambling winnings and stock/security
transactions directly to your tax return gross income.  This is done either by the IRS
Service Center or during local audit or when the IRS files “substitute returns” for a
taxpayer who hasn’t filed tax returns voluntarily.
In either case the result can be devastating... Big Tax on Little or No Actual Net Profit.


Gambler:        Sharon loves to gamble.  Over the last three years she received W-2s
from the Casino averaging about $85,000.00 a year, while her W-2s from her
employment showed she earned $50,000.00 gross income each year.  Yet she’s
deeply in debt and hasn’t any property (assets) to speak of.  Based on her those
employment earnings, her employer has adequately withheld taxes, social security
and medicare from her paychecks.  Still, she has not filed her income tax returns for  
those years so the IRS filed “substitute income tax returns” for her.  Those returns
essentially acknowledge the gross value of all the W-2s she received in each year
and they took into account her personal exemption.  The IRS determined the tax due
and assessed penalties and interest.  In sum, the IRS is now demanding that she pay
$105,000.00.

But after she gathered and reviewed her records she established that she lost
$90,000.00 each year gambling (on the average) and she documented other
deductions. She also realized she lost far more at the casino than she realized and
that she wasn’t able to track all of her losses.  Nonetheless, the losses she could
establish would eliminate her perceived IRS tax delinquency.

End Result:        Sharon’s returns actually showed she had overpaid her taxes each
of the years.


Investor/Stock Sale:        Tim is retired and receives a fixed income of a pension
and social security.  When he is 65, he inherits $100,000.00 from his father.  He
hires a stock broker to invest the money for him.  The broker engages many stock
trades each year from 1999 through 2004.  During this time Tim’s mental abilities
start to fail and he suffers from dementia.  He does not file his tax returns.  The
broker’s investments lose money year after year, but during this time the  brokerage
company reports 1099 forms to the IRS that report the gross value of the traded
investments.  Assume that in each of the years $50,000.00 of gross trading activity
occurs.  When the IRS does not receive tax returns, it issues substitute return
notices that propose to tax Tim on the $50,000.00 of gross trading proceeds for
each year.  Of course, this does not take into consideration Tim’s basis (the amount
he paid for the stocks) in the investments.  

For instance, in 1999, the broker’s sales resulted in $50,000.00 of gross proceeds
from $60,000.00 that was invested, for a net loss of $10,000.00.  However, because
a return was never filed, the IRS does not know Tim’s basis, assumes he made
$50,000.00 in net trading profit, and taxes him on the entire $50,000.00.  As a result,
Tim receives a tax bill from the IRS for $195,000.00 for all the years.

End Result:        Tim submits confirmation of his stock purchase price (basis) and the
Service adjusts his account to actually credit him for net losses.  It determines that he
actually had refunds in the subject years.  It issues Tim refund checks for each year
in which he is still eligible to receive a refund.
Note, this problem is common in falling stock markets.  It is also common amongst
people who experience very large stock losses, and who are incapable (especially
psychologically) of addressing the losses.  They can’t seem to get over “what they
did” to themselves.  Commonly people with that history will not file tax returns.
Copyright 2009; Richard Craig Krause.  
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