Tribune: Extensions: What’s the big deal? And an Olympic handball update

In the last two weeks of the filing season, I do as I always do with procrastinator clients: I e-mail or call them and ask if they would like me to file an income tax extension for them. Every year, about half of them panic and ask if I can finish their income tax returns without an extension if they just get me their information “in a day or two.”

I’m sure everyone reading this knows exactly what I’m talking about. For my part, I tell them all the same thing: If you get me all your information quickly, I’ll do what I can, but I don’t make any promises. I have found over the years that if I flat out tell them I can’t get it done, then I may not see their information until October 10. For the few that I will be able to finish by April 15, I look like a hero.

For many clients, you would think an extension is a death sentence (or possibly a fast track to something much worse … an IRS audit). But honestly, filing an extension is really not a big deal. You know it, and I know it.

I’m curious, what do you tell your clients who have a strong opposition to filing an extension? Do you have any good lines you use to put them at ease? Let me know.

Tribune: From tax returns to bill tracking: We’ve got you covered

April 15 is around the corner. You’ve all worked really hard and have earned a break.

For me, this is the time of year where I begin to scour the hundreds of California bills that have been introduced during this legislative session. By the end of April, all fiscal bills must be heard by the fiscal committee in their house of origin, so it gives us a sense of what may be coming.

There are a variety of tax-related bills that have been introduced this year that will likely get a lot of media attention, even if they don’t actually get enacted. And who is to say whether they will or not … at this stage it is way too early to tell. Although if I were a betting gal, I’m thinking that given the condition of the state budget, the increased demands that are going to be put on the state due to federal cutbacks, and the likely presidential campaign of a prominent California political figure, there will likely not be a lot of big tax bills that are enacted this year.

But be that as it may, we are watching the hundreds of tax and related bills that have been introduced, including bills that if enacted would:

  • Repeal California’s water’s-edge election for unitary multinational businesses (AB 1790);
  • Require rounding up of cash sales to the nearest nickel (in response to the federal government’s decision to stop minting pennies) (AB 1793);
  • Provide conformity to several of the TCJA and OBBBA provisions such as qualified tips, overtime, and §529 rollovers to Roth IRAs (AB 2336, AB 2444, SB 984);
  • Specifically state that the CalSavers mandate applies to household employers (AB 2607). But wait, why has CalSavers been saying that household employers are covered if a law is necessary to clarify this? and
  • Suspend the motor vehicle tax for one year. (AB 2722)

Naturally, while most bills have to have been introduced already if they are to be enacted this year, this doesn’t apply to budget-related bills or tax bills, so who knows what else might be put up for consideration before the end of the legislative session.

Of course, I have my eye on some non-tax related bills that I think are quite interesting as well. These include bills that if enacted would:

  • Prohibit businesses from sending text advertising between 9 p.m. and 9 a.m. (hell yes!!!) (AB 1865);
  • Repeal daylight savings time … again!!! (SB 1197);
  • Require legislative members to take a course on the U.S. and California Constitution … I mean, you do have to take a test to get a driver’s license (SB 1308);
  • Declare May 17 as Bruce Lee Day (❤️) (AB 2455); and
  • Create state surfing reserves (AB 1938) … after all, we have to support California’s official sport: surfing.

So, while I hope you will be going off for some well-deserved R&R after next Wednesday, know that we at Spidell will be staying on top of all the latest developments to fill you in on when you come back all refreshed and raring to go.

Tribune: FIFA: first in, first assessed?

Starting in June 2026, the 23rd FIFA World Cup will be jointly hosted by the United States, Mexico, and Canada. This will be Mexico’s third time hosting, the United States’ second, and Canada’s first time.1

Ticket sales opened in April, and ticket prices were immediately in the news when it was revealed that FIFA was asking for up to $10,990 per ticket.2 On the official ticket resale platform, a seller was asking $82,780 for one ticket.

However, ticket sales are just the beginning; fans will also shell out for travel and lodging, food and beverage, and team merch. Plus, there’s marketing and sponsorship revenue to be earned, to say nothing of the jobs that are created by hosting such a huge event. According to a FIFA socioeconomic impact analysis,3 the 2026 World Cup will bring 6.5 million fans to the games for an overall $30.5 billion economic impact (in the U.S. alone), at a cost of “just” $11.1 billion.

Net income

This is where things get Messi. The IRS recently released a reminder that foreign athletes are generally subject to tax on their U.S.-source earnings connected with activities performed in the United States at a withholding rate of 30%.4

There is an exemption if the athlete is present in the U.S. for no more than 90 days in the taxable year, compensation does not exceed $3,000 (yeah, right), and services are performed for a foreign employer not engaged in a U.S. trade or business.5 A tax treaty may also reduce or eliminate U.S. withholding.

The IRS also has a Central Withholding Agreement (CWA) program that can help reduce withholding for foreign athletes who plan to work in the U.S.6 A CWA provides for the correct amount of withholding based upon net income and can result in tax savings.

Should we tax the athletes who travel here for a world event that brings nations together to enjoy a common pastime? Don’t we ask the same thing about Olympians and their medals? I’m not in charge, so it’s not up to me. My one true hope is that Ricky Martin writes another megahit World Cup song. ¡Alé, alé, alé!

Tribune: The tribe has spoken (so has the IRS)

Twenty-six years ago, Richard Hatch outwitted, outplayed, and outlasted 15 competitors to become the first winner of the television show Survivor. Hatch walked away with a $1 million prize and, apparently, the firm belief that no one at the IRS watches TV.

A federal judge in Providence, Rhode Island, recently ordered Hatch to pay $3.3 million in back taxes, interest, and penalties. By my math, that’s more than three times what he won on the show, which has accumulated through the magic of compounding penalties.

To be fair, the prize money was just the beginning. Hatch also neglected to report $321,000 in radio appearance fees and $27,000 in rental income. But my personal favorite is the $11,500 in charitable donations that he had quietly redirected for personal use. In other words, it wasn’t just that he didn’t pay taxes on his winnings… he was thorough about it.

Hatch spent 51 months in federal prison following a 2006 tax evasion conviction, and then an additional nine months after failing to file his amended returns as ordered. He has represented himself throughout the recent proceedings, which he describes as a case of prosecutorial misconduct and judicial bias. “People think I’m crazy,” Hatch told the Boston Globe, “but I’m really, really hopeful.”

Tax professionals, of course, will immediately recognize this as the statement of a man who has never met a statute of limitations he couldn’t outlast, which, in its own strange way, is a very Survivor-like approach to tax compliance.

The government has also placed liens on two properties it claims Hatch transferred to his sister to avoid collection. Hatch denies the allegation.

The final tally is still climbing, as the judgment continues to accrue interest. At this rate, by the time the appellate court weighs in, Hatch may owe more than the entire prize pool of the first three seasons combined.

Final Tribal Council vote: IRS, unanimous.

Tribune: Another type of wealth transfer: snap, crackle, steal

It’s that time of year again. The birds are singing, the flowers are blooming, and apparently, criminals across Europe have decided that tax season is the ideal time to launch their own version of income redistribution. Why wait for a tax refund when you can access wealth in a much more daring, flaring way?

Let’s start in Italy, where four hooded thieves pulled off what may be the most efficient job anyone has completed this spring. On the night of March 22, they broke into the Magnani Rocca Foundation museum near Parma, grabbed three masterworks, a Renoir, a Cézanne, and a Matisse, and were back over the garden fence in under three minutes.1

Three. Minutes.

I don’t know about you, but I’ve spent more time than that trying to locate a client’s prior-year AGI. These thieves walked away with approximately $10.3 million in Impressionist paintings before most of us had finished reading the first page of a Schedule C. The museum, admirably committed to the element of surprise, didn’t even announce the theft publicly for a week, about the time it takes to finally get through to someone at the IRS.

Not to be outdone, a separate crew somewhere between Italy and Poland decided that fine art was so last week. Their target? A truck carrying 413,793 KitKat bars, a full 12 tons of chocolate, en route from a factory in Italy to distributors in Poland.2 The entire vehicle and its contents remain missing. KitKat, demonstrating the kind of crisis communications we can all aspire to, noted that thieves had "taken the message too literally and made a break" with their product.

A break. With a KitKat. Get it?

But the thieves may not have known one thing — that each KitKat bar has its own unique identifying number. KitKat has launched a stolen KitKat tracker on its website so you can report if you’ve got one of the stolen bars.3 Think of it as the sweetest identity theft tracker out there. So go dig into that bowl of chocolate bars in the breakroom (no pun intended) now and see if you can find one of those elusive Kit-Kat-napped bars.

Tribune: How to make entertainment taxing

Picture this: It’s April 16. All returns have been dealt with, and the phones and your inbox are quiet. You re-emerge into the world, blinking in the bright sun. What will you do with your newfound free time? In order to not shock your system, here are some movies that feature tax in the plotline.

The Blues Brothers (1980):

  • Plot: Jake and Elwood are on a mission to raise money to save their childhood orphanage from a property tax bill. To do so, they must reunite their R&B band and organize a performance to earn the $5,000 needed.
  • Rotten Tomatoes rating: 71%
  • Pair with: Deep-dish Chicago style pizza and Miller beer

The Untouchables (1987):

  • Plot: The most famous tax story in cinema. Al Capone, untouchable by conventional law enforcement, is ultimately brought down by an IRS investigation into his unreported income.
  • Rotten Tomatoes rating: 83%
  • Pair with: Baked ziti

The Firm (1993):

  • Plot: A hotshot young lawyer discovers his prestigious firm is a front for money laundering and tax fraud.
  • Rotten Tomatoes rating: 76%
  • Pair with: Memphis dry rub ribs

Lucky Numbers (2000):

  • Plot: A local TV weatherman schemes to rig the Pennsylvania lottery, with tax fraud baked into the plot.
  • Rotten Tomatoes rating: 23%
  • Pair with: Pierogis and Yuengling

Stranger Than Fiction (2006):

  • Plot: An IRS auditor begins hearing a narrator’s voice in his head that seems to narrate the text of a novel in which it is stated that he, the main character, will soon die. He frantically seeks to somehow prevent his death.
  • Rotten Tomatoes rating: 73%
  • Pair with: Home-baked cookies

The Accountant (2016; Part 2, 2025):

  • Plot: An autistic CPA makes his living sanitizing fraudulent financial and accounting records of criminal and terrorist organizations experiencing internal embezzlement.
  • Rotten Tomatoes rating: 53% (2016), 75% (2025)
  • Pair with: A lonely sack lunch and sliced cantaloupe

Tribune: Can you define chutzpah?

As a child, I remember numerous times my parents and grandparents telling me that I had “chutzpah” when I would listen in on adult conversations and, with the wisdom of a 4- or 5-year-old, loudly and vociferously put in my two cents about topics I knew nothing about, such as the Vietnam war, tackling poverty, or who made the best Manhattans.

But an article I read today clearly jumped to the top of the hill in terms of what epitomizes chutzpah.1

Ryan Lizza, a self-described veteran journalist and editor of Telos News, was preparing his tax return using Turbo Tax and was getting increasingly frustrated with its clunkiness, expense, and constant interruptions with “scammy upsell offers.” So, what does someone who has no tax knowledge, let alone any coding knowledge, do in such a situation?

Build their own tax preparation software using AI Claude Code, of course!

That’s exactly what Ryan did. As he stated, “…in just a few weeks, I created what appears to be a full-featured financial app called ‘Telos Tax’ that prepares complicated federal and state tax returns for free. It’s Turbo Tax on Steroids.”

In a few weeks he directed Claude Code to design an app using 234,000 lines of code that can be used by individuals or tax professionals alike to prepare tax returns. According to Ryan, Telos Tax can handle returns for “the simplest W-2 employee taking the standard deduction to a complex filer with, say, farm income, rental properties, asset depreciation schedules, AMT adjustments, crypto sales, a Roth conversion, net operating loss carryforward, and every imaginable combination of deductions and credits.” It even “gives you a FICO-like score to assess your likelihood of being audited.”

The only problem is that Ryan has no idea if it actually does any of this correctly. As he said, “maybe Claude, in its effort to please, created a Potemkin app that simply fooled me into thinking it was in the same league as a product designed by hundreds of engineers at a Fortune 500 company.”

So, he’s making the app public as a free open-source project so tax pros and actual human coders can vet it. 

Now that, my dear readers, is the ultimate definition of chutzpah!

Tribune: Taking a swing at a world record

We shared some tax industry world records with Tribune readers last month, and while work-related feats are impressive, at the end of the day they’re still work. Now that April 15 is only a couple of weeks away, we are looking ahead to a world record attempt you can take part in before your vacation plans are in full swing.

On April 19, Visit Newport Beach and the Atomic Ballroom will attempt to host the world’s largest swing dance lesson.1 Attendees can learn the Balboa Swing, a dance created in Newport Beach during the Big Band era.

The world record attempt is technically part of Newport Beach’s 120 Years of Welcome,2 but if you’re actually there to celebrate the end of another successful tax season, who’s to judge? Certainly not us, and we promise not to tell the Guiness World Records officials who will be on site to certify the record attempt.

Tax-related triumphs

Last month we also asked Tribune readers to share any career experiences that are worthy of the record books.

We received a response from a CPA who plans to retire next year, after working 50 years in the industry. He started his career just two years after Spidell was founded in 1975.

In the words of Michael S. from Sunnyvale, California:

“I started my career with the IRS, in August 1977, as an office auditor under the old work-study program. I left the IRS in August 1980 and entered the world of public accounting. I have never looked back.

In all of that time, I have taught in the undergraduate accounting program at CSU Los Angeles, been a guest lecturer at what was then Hayward State (now CSU East Bay), earned my Master of Science in Taxation from Golden Gate University, and managed and moderated programs for CalCPA. Not to mention raising two great kids … not an accountant between them!

It’s been a great ride!”

Tribune: Now you can smell like a marshmallow

What started out as a yellow chick made from sugar and air is now a worldwide phenomenon found on drinkware, jewelry,1 sneakers, and Bath & Body Works2 shelves. But it’s more than just a marshmallow, it’s also a lesson in how to grow a business. A master class taught by Professor Peeps.

Lesson 1: Be Authentically You

Nobody asked for a chili lime mango marshmallow chick.3 (Now that I’ve eaten one, I can see why; if anyone else wants to try one, I have nine left.) Peeps has never tried to be sophisticated. It’s a yellow blob with eyes made out of… whatever that stuff is that apparently isn’t chocolate. Then came pink Peeps. Then rabbit-shaped ones. Flash forward to 2026, and we have chili lime mango Peeps.

The business lesson: Know what makes you you, and commit to it fully rather than sanding off your edges to appeal to everyone.

Lesson 2: Borrow Someone Else’s Audience

Pop-Tarts already had fans, Peeps just introduced themselves. The brand collaboration strategy is a masterclass in audience expansion. Every Peeps collab — SunnyD, Pop-Tarts, Bath & Body Works (smell like a Peep!) — brings an entirely new customer base into contact with Peeps.

The business lesson: Find the audience you want and ask what you could offer them in a partnership. Find your Pop-Tarts.

Lesson 3: Protect the Yellow Chick

No matter how wild the collabs get, the original is always still on the shelf. Through all the brand extensions and flavor experiments, Peeps has never abandoned its core product. The classic yellow chick is always there.

The business lesson: Growth and experimentation should fund and protect your core offering, not cannibalize it. Know your “yellow chick,” the thing people come to you for first. Never let it get lost in the noise.

The Final Peep

Peeps are still just sugar and air. But the brand has taken the simple and spun it into something larger – a memory, a season, an icon. That’s a lesson worth more than its weight in… whatever that stuff is that apparently isn’t chocolate.

Tribune: A word of encouragement

We’re a little more than three weeks from the April 15 filing deadline, and many of us have stopped taking new appointments and are working feverishly to finish tax returns on our desk while preparing extensions and first quarter estimate calculations.

I have no doubt that you’re tired, possibly running short on patience, and counting down to your own retirement. I know that’s how I feel every year at this time. So, instead of my usual snarky Tribune articles, I want to offer a word of encouragement. Keep pushing hard, you’re almost there. I know you can make it and finish strong in the process.

Remember to take a deep breath and face today’s challenges directly and confidently. You don’t have to be perfect; we all make mistakes (some more embarrassing than others). When you get home late tonight, give your loved ones a big hug and kiss, share a good meal, get a little exercise, maybe watch something on TV that makes you laugh, and let’s beat tomorrow’s tasks together.

Tribune: The luck of the Irish (not available as a deduction)

It was St. Patrick’s Day this past week, which means one thing for most Americans: green beer, corned beef, and a brief but sincere wish that they had been born Irish.

For tax professionals, however, it means something slightly different: green beer, corned beef, and a brief but sincere wish that the Tax Code contained a four-leaf clover deduction.

It doesn’t. We checked.

The Irish have long had their own approach to taxes — namely, keeping them refreshingly low. Ireland’s corporate tax rate became the stuff of legend (and more than a few Congressional hearings), drawing tech giants and multinationals to Dublin the way leprechauns are drawn to gold.1 Apple, Google, and Facebook all discovered that the Emerald Isle had a pot of gold at the end of its rainbow: a 12.5% corporate tax rate with an even lower effective rate for savvy taxpayers. Apple reportedly paid an effective rate of well under 2% on its Irish profits at one point, a fact that managed to unite American senators and European regulators in shared outrage.2

The vehicle of choice was something called the “Double Irish.”3 No, it’s not a coffee order, it’s a tax structure that allowed multinationals to shuffle profits through Irish subsidiaries and dramatically reduce their global tax bills. Ireland eventually agreed to phase it out following international pressure, but not before it had served its purpose.

Meanwhile, American tax professionals spent this year’s St. Patrick’s Day the same way they spend every other day between January and April: hunched over a stack of documents, subsisting on cold coffee (or maybe a double Irish coffee?), and fervently hoping for the luck of the IRiSh.

So if you happen to find a four-leaf clover between now and April 15, hold on to it. You’re going to need it.

Erin go bragh — and may your extensions be automatic.

Tribune: Getting through another parallelogram season

If there’s one thing that individual tax preparers have in common, it’s a universal dread — the soul-crushing ritual of indecipherable forms, calculators, and hours of work ending in despair over underwhelming refunds.

Here are some circulating tweets that capture the anxiety and dejection that comes with procrastination, frustration, and realizing your tax refund is basically pocket lint:1

  1. My son asked what taxes are, so I gave him a bag of m&m’s and explained that he has to give some to me and I know how much he has to give me but he has to guess himself and if he’s wrong he goes to prison.
  2. Just did my own taxes, I should be in jail by Friday.
  3. I’m putting the 3 people that use my HBO account as dependents on my taxes.
  4. Turbo Tax is the worst computer game ever.
  5. Going to urgent care to file my taxes.
  6. It’s called Gross Pay because it’s disgusting to see how much money you would’ve made before taxes.
  7. “You’re almost 22, you should have learned about taxes in high school.” First of all, the mitochondria is the powerhouse of the cell.
  8. Tax-wise, it would make more sense if your business was built on giving away free, actual medieval lances, rather than freelancing.
  9. I just paid my taxes. The roads should be fixed any day now.
  10. I should start doing my taxes, but I can’t seem to get Intuit.
  11. Got my tax refund, and I might just go nuts. Probably buy some name-brand aluminum foil, and with what is left over, maybe an avocado.
  12. I’m glad I learned about parallelograms instead of how to do taxes. It really comes in handy this parallelogram season.

There’s nothing like a little shared misery to help everyone make it through another filing season (also see “A word of encouragement” above).

Tribune: National what day???

One of my many hats I wear at Spidell is searching the news for various tax topics to make sure we’re on top of all the latest developments in the tax world. While scouring these various sources, I frequently come across some unusual tidbits, both tax and non-tax related.

For instance, in a Forbes e-mail I subscribe to, I learned that March 11 is National Oatmeal Nut Waffles Day. For all the fun facts related to this important national day, see:  https://www.daysoftheyear.com/days/oatmeal-nut-waffles-day/.

What stood out to me was that the precursor to these tasty treats dates back to ancient Greece’s “obeios,” simply batter cakes cooked between hinged metal plates over a fire; and that the first written waffle recipes in Europe combined flour, eggs, and wine or water in molded irons. Gotta love those Europeans.

The other irony is that March 11 is also World Plumbing Day.

I’m sure we can spend hours going down the national day rabbit hole, and feel free to do so at : https://www.daysoftheyear.com/. But it is the middle of March, and most of us don’t have the time to waste unless of course it relates to business or taxes, so here are a few more financial-focused national days that you might be interested in.

January 31 is Hug an Economist Day, which makes sense because January 31 is also Eat Brussel Sprouts Day, Scotch Tape Day, and Hell is Freezing Over Day.

February 12 is Lost Penny Day, a day to take the time to find all those lost pennies that have slipped between your car seat cracks or fallen to the closet floor or behind a dresser. Although given that the U.S. Mint is no longer printing pennies, this national day’s days may be numbered, so make the most of it while you can?

The entire month of March is dedicated to National Clean Up Your IRS Act Month to encourage taxpayers to get their financial records in order for filing season. And as much as we tax nerds may love this idea, it’s more likely that our clients will be participating in other celebrations this month including Dr. Seuss Day (March 2), National Dance the Waltz Day (March 4), National Cheese Doodle Day (March 5), National Napping Day (March 9 and my personal favorite), and National Skipping Day (March 27).

We all know that April 15 is Tax Day, but did you also know that it is National Banana Day, Titanic Remembrance Day (fitting for some of our clients), National Rubber Eraser Day (even more fitting for some of our clients), and even better yet, “National That Sucks Day.”

And two days our children will be quick to remind us about: October 6 and October 13, National Transfer Money to your Daughter Day and National Transfer Money to your Son Day, respectively. Not surprisingly, the days were initially sponsored by Zelle.

Tribune: Speaking of days…

National Slam the Scam Day was on March 5, the same day the IRS released its 2026 Dirty Dozen list of tax scams.

This year’s list contains a new item for abusive undistributed long-term capital gains claims, replacing prior fuel tax credit concerns. This item was added because the IRS continues to see an increase in overstated or fabricated claims tied to Form 2439, Notice to Shareholder of Undistributed Long-Term Capital Gains.

Also, the number 2 scam is AI-enabled IRS impersonation by phone (robocalls, voice mimicry, spoofed caller ID). Not only does the IRS remind taxpayers that they will contact them via mail first and will not leave prerecorded messages threatening arrest, but the IRS also generally cautions taxpayers not to rely on AI-generated responses to complex tax questions and to verify any calculations or information provided by AI.

You can access the full list of Dirty Dozen scams at: www.irs.gov/newsroom/dirty-dozen-tax-scams-for-2026-irs-reminds-taxpayers-to-watch-out-for-dangerous-threats.

Tribune: Sales tax code red (salsa)

In a New York hot dog restaurant, dial the right number in a vintage phone booth and it opens to reveal the door to a speakeasy.1 Within Disneyland, at 33 Royal Street, ring the bell and say your name; if you’re on the list, the door will open to the mysterious Club 33.2 And next time you’re in Kerman, California, and you want to access the area’s best sopes, you’ll have to … well, you just have to walk into the Shasta Market to find the secret taquería that was discovered by a state tax agency.

Shasta Market is a mini mart that generally sells beer, tobacco products, soda, lottery tickets, etc. In June 2018, a cigarette and tobacco products inspection was conducted by the California Department of Tax and Fee Administration (CDTFA), which is responsible for administering sales and use taxes as well as tobacco, alcohol, fuel, cannabis, and other taxes and fees. The CDTFA discovered the mini mart now included a taquería where there was none before. Forget cigarettes sold without tax stamps, we have unreported sales of hot prepared food3 and an eating area that seats 10–15 people. Swarm! Swarm!

The CDTFA inspected the mini mart’s records and found no evidence that taquería sales had been reported and estimated $73,484 in unreported sales going back through 2017. Shasta Market argued that the taquería was not operating during 2016 through October 2018. However, the CDTFA located a November 2017 Facebook post made by an unrelated third party that included a photo of hot prepared food and the glowing review: “Chicharrón con chile sopes are the best thing in this entire town! #shastamarket.”

During an appeal hearing, the Facebook post was hailed as “highly probative,” and the CDTFA’s assessment was upheld. It probably didn’t help that Shasta Market didn’t provide any evidence supporting its arguments that the taquería wasn’t actually open during the period at issue.

For those who are unfamiliar with sopes, they are traditional Mexican snacks consisting of thick, handmade corn masa patties with pinched, raised edges to hold toppings. They are fried until crispy on the outside and soft inside, then topped with refried beans, cheese, salsa, lettuce, and shredded meat.

So next time Shasta Market decides to sell sopes, they may want to consider setting up a better secret password before people can indulge and swearing them to secrecy. No cell phones allowed.

Tribune: California’s arm is long, but not quite that long

If you’ve spent any time working in California tax law, you already know the Golden State has a, shall we say, enthusiastic approach to claiming jurisdiction over people, income, and apparently, football players who briefly passed through the state three decades ago.

But even California has limits. A court recently had to remind the state of this after Wayne Gandy — a first-round NFL draft pick in 1994 who played his rookie season with the Los Angeles Rams — filed a workers’ compensation claim in California six years after retiring, alleging cumulative injuries from his NFL career. Gandy signed his initial contract in California with the Los Angeles Rams. The catch? Gandy spent the next 14 years of his career playing for teams in Missouri, Pennsylvania, and Georgia. He played a grand total of eight games in California over his final decade in the league and practiced there occasionally.

California’s workers’ compensation law extends coverage to any employee who either signed their employment contract in California or regularly works in California, even for injuries occurring elsewhere. California’s Workers’ Compensation Appeals Board determined it had jurisdiction over Gandy’s claim against the Atlanta Falcons. One could almost hear Sacramento rubbing its hands together.

However, the Fourth District Court of Appeal determined that an out-of-state employer is exempt from California workers’ compensation under the law in cases where:

  • The athlete performed fewer than 20% of their duty days in California during the year preceding their last California game; and
  • The athlete worked more than seven seasons for non-California teams.

Gandy and the Falcons easily met both requirements.1

So there you have it. You can leave California, build an entire career somewhere else, and still briefly wonder if California is going to send you a bill. For tax professionals, this will come as absolutely no surprise whatsoever.

1 Atlanta Falcons, et al. v. Workers’ Compensation Board (October 7, 2025) Cal. Ct. App., Fourth Dist., Case No. G064622; California Labor Code §3600.5

Tribune: 123-45-6789

Social Security is full of its share of tricky rules regarding benefit calculation and taxability, a topic that Spidell covers often in our various publications. Today, however, we will not determine the indexed amount for each year prior to age 60, by multiplying the amount earned (but not more than the maximum wages subject to FICA) by a ratio of the “average wage index” amount for … Zzz zzz zzz.

Instead, here are some interesting facts about the Social Security program and its history.

Ernest Ackerman of Cleveland got the first lump-sum Social Security payment for 17 cents in January 1937. Lump-sum payouts were the only form of benefits paid during the start-up period January 1937 through December 1939. Ackerman retired one day after the Social Security program began. During his one day of participation in the program, a nickel was withheld from his pay for Social Security.1

Ida May Fuller, a retired legal secretary and stenographer from Vermont, was the first beneficiary of recurring monthly Social Security payments. On January 31, 1940, Ms. Fuller received Social Security check number 00-000-001 in the amount of $22.54 (equivalent to $518 in 2025).2

Social Security numbers issued before June 2011 were assigned in a particular structure: The first three digits are an area number, the next two digits represent a group number, and the last four digits are the serial number. Since June 2011, SSNs are assigned randomly, removing any geographic, birth/location significance. The Social Security Administration (SSA) does not reuse Social Security numbers. It has issued over 450 million since the start of the program, and it says it has enough to last several generations without reuse and without changing the number of digits.3

The SSA stops payments to those over 115 years old. To catch any deaths that may have escaped reporting, the SSA regularly checks that its oldest beneficiaries are using their Medicare benefits — if they’re not, the SSA verifies that the beneficiary is still alive. In the extremely rare cases where benefits are paid to people over 100 years old, the SSA has a policy to stop payments by age 115.4 Only 0.1% of Social Security benefits are paid to people over 100 years old.5

Tribune: Sum tax puns from our readers

A few weeks ago we asked our Tax Season Tribune readers to send in their favorite tax-related puns. Here are a few that we received.

For those of you who don’t think accountants can be humerus, I’ve got a bone to pick with you! — Zach

Old accountants never die. They just loose their balance! — J.R.

When I send birthday greetings to an accountant, I always wish them “many happy returns.” — Danni

Tribune: TikTok lawmakers

During a Financial Accounting Foundation Oversight Committee meeting held last week, the Government Accounting Standards Board (GASB) announced that it is launching a series of short videos to help lawmakers understand financial reports.

Previously, GASB published user guides to help lawmakers, but according to GASB’s chair, Joel Black, “In this day and age, very few elected officials, if any, are probably going to read a 200-page PDF.”

I’m all in favor of using technology to help make difficult things easier to understand, but using short videos that I imagine as TikTok videos to help lawmakers understand financial reports doesn’t give me a lot of confidence in our lawmakers. At Spidell, we often pore over hundreds of pages of tax legislation. If we can read what lawmakers pass, shouldn’t we expect them to read financial reports that they base their votes on? And if 200 pages is too long for them, then who is reading the 800-page bills they are passing (other than us)?

In my limited spare time, I have worked on learning more about AI and how I can best use it in my practice and everyday life, but this new revelation from GASB makes me wonder if I can get AI to create a 10-minute video explaining every nuance of the One Big, Beautiful Bill Act, but I can’t imagine AI can even do that.

Tribune: Ready to launch … Come to the Integratron

Feeling like if you are handed one more shoe box of receipts, you’ll likely launch them into outer space?

Halfway through the tax season and desperately needing a quick rejuvenating getaway to get through the dog days of March?

Well, for those of us living in Southern California, the answer may just be a few short hours away. And even if you don’t literally make it to the stars, you may be able to ride the sound waves to an altered state of mind.

I’ve lived in San Diego for 25 years now and thought I’d discovered all of the quirky out-of-the-way places to go, but last week I uncovered something that had previously escaped my radar: the Integratron.

Located near Joshua Tree National Park, the Integratron, a large white domelike structure, was built by George Van Tassel. Van Tassel was a former aviation engineer for Lockheed and Douglas Aircraft (of Howard Hughes fame), who felt compelled to build the structure after having had an encounter in 1953 with Solganda, a 700-year-old visitor from the planet Venus. The meeting occurred after Van Tassel had sat for several hours under Giant Rock, a seven-story high boulder in the Mojave Desert, to commune with Native American spirits.

According to Van Tassel, Solganda’s space craft landed on an airstrip located next to Van Tassel’s home and that Solganda wore a gray-one-piece bodysuit, spoke perfect English, and had come to Earth because “Earthlings’ reliance on metal building materials was interfering with radio frequencies and disrupting interplanetary ‘thought transfers.’”1 But the greatest takeaway that Van Tassel got from his meeting with Solganda was that he was given a formula to build a “machine that would generate energy to suspend the laws of gravity, extend human life, and facilitate high-speed time travel.” Hence the Integratron, which took over 20 years to build.

Unfortunately, Van Tassel died in 1978, alas, not having been able to extend his life and, as far as we know, without having been able to time travel. However, all is not lost. Three sisters, originally from the East Coast, have purchased the Integratron. And although not claiming to offer exactly all that Solganda had promised, the sisters do offer amazing sound bath experiences that I’m sure can elevate you to another plane psychologically, make you feel younger (at least for a moment or two), and, most importantly, transport you away from your computers for at least a day or two.

I for one am signing up! Care to join me? Details are available at www.integratron.com/.

1 Rosen, Judy (August 20, 2014) “Welcome to the Integratron,” New York Times

Tribune: De minimis lime and other crime

If you can dream it, you can sue someone for it. Footlong sub is only 11 inches?1 Lawsuit. Texas Pete hot sauce is made in North Carolina?2 Lawsuit. Mozzarella sticks don’t actually contain any mozzarella?3 How dare you! Lawsuit.

Here are a few examples of products that failed to live up to lofty consumer expectations.

Burnt by the sun

Benjamin Careathers sued Red Bull for false advertising, claiming that while he knows that Red Bull won’t literally give you “wiiiiings,” it was dishonest advertising because Red Bull should give a higher energy boost than coffee.4 It turns out that Red Bull actually has less caffeine than an average cup of coffee. Careathers won, and Red Bull shelled out $13 million to customers. Anyone in the U.S. who bought at least one can of Red Bull (no proof of purchase required) was entitled to $10 cash or $15 worth of Red Bull product.5

Melting under pressure

Amanda Ramirez sued Kraft over the statement on the packaging of Velveeta Shells & Cheese Original Microwaveable that states “Ready within 3½ minutes.”6 She alleged that these instructions only describe the cooking time and fail to take into account the time it takes to remove the lid, add the cheese sauce, add water, and stir. Had she known it would take longer than the stated time, she claimed she never would have purchased the product. Ramirez was seeking $5 million, but a judge dismissed the case because she “suffered no injury.”

De minimis lime

Rachael Barnett sued Frito-Lay after her experience with their Hint of Lime Tostitos soured.7 Barnett argued that “she expected it would have more of the named fruit ingredient, not just for flavor but for its nutritive value.” Her claim argued people increasingly turn to snacks that provide a healthy indulgence through ingredients associated with positive health benefits. The case was voluntarily dismissed, indicating a probable settlement. Note: This was the same attorney that represented Ramirez in the Shells & Cheese case. Spencer Sheehan is apparently known mostly for going after vanilla-flavored products that contain no actual vanilla and is known as “the Vanilla Vigilante.”8

While it may seem like fast money, these types of suits are very often (rightfully) dismissed. But if the plaintiff does win, the settlement is probably taxable and don’t forget about attorney fees, which take up a minimum of 25% to 30% of the legal award/settlement. Remember that individual taxpayers can no longer deduct attorney fees and costs following OBBBA making permanent the repeal of the 2% miscellaneous itemized deduction. However, an above-the-line deduction from gross income is still available if the fees and costs are paid in connection with any action involving a claim of unlawful discrimination (the above suits no doubt would not fall into this category).

Tribune: Cheat sheet: What curling can teach you about cheating on your taxes

There are two arenas in life where ordinary, respectable people are lured down a dark path, throwing the rules out the window and hoping no one will notice: the curling rink and the tax return.

The Canadian men’s curling team showed us this at the 2026 Olympics, when a player was accused of illegally touching a stone mid-play. It was a transgression so subtle it required video review to confirm, and yet apparently is something that “happens all the time”… the home office deduction of a sport otherwise known for its honesty and sportsmanship. (“Yes, my home office equals the entire square footage of my apartment.”)

What follows is a comparison of two of history’s great cheating traditions: one played in ugly pants and Teflon-bottomed shoes, one played in reading glasses in front of a pile of receipts. The strategies are more similar than you’d think.

  • The double touch vs. the double deduction: In curling, touching a stone twice is illegal. In the tax world, this is the equivalent of divorced parents both claiming their child as a dependent.
  • The spirit of curling versus the letter of curling: The Canadian player reportedly said he didn’t intentionally touch the stone; the Swedish team challenged — how could you touch 42 pounds of freezing granite and not feel it? Sounds like, “Well, it’s not my fault if I didn’t get a 1099 for that income” [leaves the income off the return].
  • The sweep: In curling, teammates furiously sweep the ice to influence the stone’s path. When cheating on your taxes, you also sweep — frantically sweeping receipts into a shoebox and hoping the auditor doesn’t look too hard.
  • The penalty: In curling, a “burnt” (i.e., illegally touched) stone is removed. In taxes, the IRS essentially does the same thing, except your deduction is the stone being removed.

When you cheat in curling, it happens on a world stage with cameras everywhere. Tax cheating happens on a laptop with Doritos crumbs stuck between the keys at 11p.m. in March, and yet somehow the IRS still finds out. The lesson from Canada’s curling scandal is timeless: Whether you’re on the ice or filing your return, the moment you think no one is watching is exactly when everyone is watching.

Tribune: OMG you’re killing me!

Okay, March is around the corner, which means things are starting to get a little tense. Here’s a few accounting puns to provide a little relief (no pun intended):

  • Don’t hate, depreciate.
  • It’s an accrual world.
  • Accountants work their assets off.
  • Accountants are great at relationships — they always know how to carry one.
  • Auditors are just accountants with trust issues.
  • I’m not lazy, I’m just on deferred action.
  • I tried to come up with a tax pun … but I didn’t want to push my levy.
  • Why did the accountant break up? There was too much ledger drama.
  • My accountant has a great sense of humor — his jokes always have a net positive effect.
  • Some people find accounting boring. I find it very taxing.
  • I’m outstanding in my field — my boss put me on accounts receivable.
  • Never trust an accountant who’s always losing their balance.
  • Accountants know the most romantic way to propose is with an engagement letter.
  • Why are accountants so calm? Because nothing phases them — only phases in and phases out.
  • Why do accountants make good lovers? They’re great at going over the figures.
  • Accountants are audit and a bag of chips.  

Do you have some other puns to share? Send them to us at: Editor@spidell.com.

Tribune: A concession

In last week’s Tax Season Tribune article Olympic gold (sort of), I ruffled some feathers within our reader base by not-so-subtly suggesting that Olympic handball isn’t a “real sport.” One kind soul took the time to send me a link to a YouTube video produced by USA Team Handball that explains the sport to an American audience.

After watching the video and taking our reader criticism to heart, I will concede that handball is more of a sport than I gave it credit for last week.

In the spirit of paying it forward, here’s the YouTube link for the short three-minute video www.youtube.com/watch?v=zWh4tmKtIuw.

Tribune: Olympic gold (sort of)

I was shocked when I saw a news story recently when a U.S. gold medalist from the Winter Olympics in Milan, Italy, was showing off her broken medal. Apparently, it broke while she was jumping around in excitement. That bit of cheap craftsmanship led me down a rabbit hole of investigating a little more about Olympic medals.

Did you know that Olympic gold medals are not made of solid gold? I was absolutely shocked by that until I learned that if they were made of solid gold, a single medal would cost about $45,000 at the current cost of gold. But, even then, you may think to yourself, as I did, that $45,000 is a worthy prize for taking the top spot in your sport.

That word “sport” is used rather loosely in the Olympics these days, isn’t it? I’m not one to make fun of curling (much); it’s a fun activity with a group of friends that’s played on a surface that doubles as a beer cooler. But is it a “sport”? Do we really want to give a $45,000 medal to all five members of an Olympic curling team? Isn’t curling just a Canadian version of cornhole? (Okay, fine, it was technically invented in Scotland, but let’s not get technical.)

And what about larger teams? Olympic hockey carries a 25-person roster (25 players × $45,000 gold medals = $1,125,000). That’s a hefty cost. You might suggest that hockey is a popular sport, so the medal cost is justified. I might agree with you on hockey, but when we get to the summer Olympics, there is no way you are going to convince me that Olympic handball, which carries a 14-person roster, is worthy of $45,000 medals per person! How on earth did handball become an Olympic sport? I would apologize to the Olympic handball teams, but I’m just saying what everyone else is thinking.

Moving away from the top of the podium, if you’re curious, Olympic silver medals are made of solid sterling silver and carry a cost of under $1,500 each, and third place carries solid, authentic bronze at a whopping cost of $6 apiece. Maybe we should give the marquee, one-athlete sports solid gold and give the handball players solid bronze and just tell them it’s gold. After all, someone told them handball was a real sport and they believed it.

Tribune: Calculating a world record

On September 24, 2025, accounting industry groups including the Minnesota Society of CPAs gathered at the Target Center in Minneapolis to create the longest line of calculators.1 Their world record total added up to 1,094.

By our math that’s enough calculators to give one to every attendee at one of our tax update seminars in Anaheim, historically Spidell’s largest in-person location. But even that falls well short of the world record for the largest taxation lesson. In 2018, 3,378 people attended a class taught by the Institute of Company Secretaries of India.2

Some other sums

In 2011, General Electric filed a 57,000-page tax return.3

In 2012, the IRS paid $104 million, the largest amount ever to a single whistleblower, to Brad Birkenfeld in the UBS tax evasion case.4

In 2017, Florida man Ramon Blanchett received a tax refund of $980,000.5

What do your accomplishments add up to?

Do you have any tax-related triumphs that are worthy of an entry in the record books? The longest time spent on hold with the FTB or IRS in a single phone call? The most repeated requests for any one client to send you their documents in a tax season (their last tax season with you, presumably)? We don’t have any sway with Guiness Book of World Records, but send us an e-mail and your feat might show up in a future Tax Season Tribune.

Tribune: The phishing pole: municipal utility falls for scam

You know that old phrase “Go with your gut?” It’s one that some employees at Sacramento Municipal Utility District (SMUD) apparently forgot when they received an e-mail from a vendor requesting a bank account change. (TransAmerican Power Poles, Inc. v. Sacramento Municipal Utility District (August 26, 2025) Cal.App.3d, Case No. C100384)

A SMUD employee had been legitimately communicating with its steel pole supplier vendor, TransAmerican Power Poles located in Texas, about invoices totaling $248,885. Then, the employee received an e-mail from what appeared to be the same TransAmerican employee… only instead of the customary @tappinc.com domain, the sender had used @tappincs.com (the extra s is for “sneaky”). The employee failed to notice the difference.

Another e-mail arrived from the fake address requesting a bank account change regarding payment for the invoices. This e-mail appeared to CC the actual TransAmerican controller at his legitimate e-mail address, although he never received it.

The SMUD employee was suspicious. Another employee called the situation “sketchy” and a third labelled it “shady.” They decided to call TransAmerican and check it out. They even called twice… at 6:54 PM and 6:55 PM Texas time, which was after hours at TransAmerican, and so no one picked up. The SMUD employees didn’t leave a voicemail, overrode their guts, and wired $248,885 to the scammer’s account.

When the real TransAmerican came looking for payment, SMUD essentially replied, “we already paid you” and refused to pay again, arguing the imposter was TransAmerican’s “ostensible agent” and that paying twice would be an unconstitutional “gift of public funds.”

The shocking conclusion

The court held that SMUD had failed to exercise “ordinary care,” which is a very technical legal term meaning “call back during business hours.” The lesson for tax professionals: when a vendor suddenly changes their banking details, trust your gut and verify through a known contact method.

The court ruled that SMUD was liable to pay TransAmerican the full $248,885 for the steel poles that were actually delivered, even though SMUD had already lost $248,885 to the scammer.

Tribune: A sobering reminder for tax season fuel

Tax pros powered by Celsius energy drinks during busy season should exercise some caution — they might accidentally get more of a buzz than they bargained for. 

In late July 2025, High Noon issued a voluntary recall after discovering that some of its vodka seltzers were accidentally labeled as Celsius Astro Vibe energy drinks. The packaging mix-up occurred when a supplier mistakenly shipped empty Celsius cans to High Noon’s production facility, where they were filled with 4.5% ABV vodka seltzer instead of caffeine-fueled energy drink. 

The mislabeled cans — featuring a silver lid instead of the standard black Celsius lid — were distributed to retailers in Florida, New York, Ohio, South Carolina, Virginia, and Wisconsin between July 21–23. While no illnesses have been reported, the FDA warned that consumption of these products could lead to unintentional alcohol ingestion. 

For tax professionals who depend on energy drinks to power through marathon filing sessions, this recall serves as a cautionary tale. Imagine reaching for what you think is your afternoon energy boost, only to discover you’ve been sipping vodka seltzer all day. Your work product might become decidedly more … creative.  

The affected lot codes can be found on the FDA website, but the key identifier is simple: If your Celsius has a silver lid, don’t drink it unless you’re planning to make estimated tax payments significantly less stressful (though significantly less accurate).  While this particular recall affects a small batch of products, it’s a good reminder that even in the midst of tax season chaos, it pays to double-check what you’re consuming. After all, the only thing that should be intoxicating about tax work is the thrill of finding that last missing W-2.

Tribune: A delicious side hustle? You bet your buns

When the government shut down in October 2025, IRS attorney Isaac Stein was ready for the furlough — he immediately pivoted to being a full-time hot dog vendor.1 It was a move as natural as the casings on a Vienna Beef hot dog, because Stein had dreamed of having his own hot dog cart since he was a child.

The pivot was easy because Stein had just opened a hot dog cart after years of consideration. In September 2025, Shysters Dogs (“The Only Honest Ripoff in D.C.”) hit the sidewalks but was only open on Fridays and weekends because, at the time, Stein was working at the IRS. Once furloughed, the cart was open full time with Stein slinging dogs in his usual IRS attire: a suit.

His menu includes what he refers to as “the correct hot dog”: mustard and sauerkraut on a steamed bun with a Hebrew National hot dog. Of course, being from Detroit, I have beef with this. The real “correct” hot dog is a Kowalski natural casing hot dog in a steamed bun with Detroit Coney Island sauce, mustard, and onions. Preferred sides are curly fries and a Greek salad with that pink dressing.

According to the National Hot Dog and Sausage Council (there’s a National Hot Dog and Sausage Council?), here are the many regional varieties that make up the billions of hot dogs consumed by Americans each year: www.hot-dog.org/
culture/regional-hot-dogs
.

So, if you’re an IRS employee facing a government shutdown or a tax preparer who’s working their last tax season, a hot dog cart could be the next step. Because you can’t bacon-wrap a tax return.

Tribune: I get by with a little help from my…”friends”

We’ve all seen the Tax Day cocktail videos on TikTok and YouTube. But while taxpayers need liquid courage on April 15, we know tax professionals need it long before then. So, in addition to providing tax tips to help you survive tax season, we thought our subscribers could use guidance on liquid flow rather than cash flow.

Below are our top five cocktails to help you enjoy (or at least endure) tax season.

The Up All Night*

For those marathon nights leading up to March 15 and April 15, combine in a cocktail shaker:

Shake vigorously to take out your frustrations, pour into a coupe glass, and sprinkle with some crushed espresso beans. Pairs well with Schedule C reconciliations.

The Math Hard*

When numbers are no longer making sense, these numbers will definitely help — at least when poured into an ice-filled tumbler:

Warning: After consuming, you may find the standard deduction suddenly seems quite reasonable.

The IRS*

Forget the Internal Revenue Service — enjoy your very own IRS: Ice cream, Rum, and Stout.  Just pour stout into a beer mug, add a little coffee rum, and top it off with some chocolate ice cream. Your staff will be far more willing to spend three hours on hold with the other IRS with one of these in hand.

Pro tip: Every time the hold music restarts, take a sip.

The Margin of Error**

Because we all build in a little cushion, right? Just pour one ounce whiskey and 0.75 ounce elderflower liqueur into an ice-filled cocktail shaker. Shake, strain over fresh ice, and top with a splash of seltzer.

Consume while explaining to clients why their “estimated” taxes were only off by $12,000.

The Painkiller***

When 60-70–hour weeks have become 80-90–hour weeks, pour into a cocktail shaker:

Add ice, shake, strain into a highball or hurricane glass, and top with freshly grated nutmeg.

Recommended serving: After filing your 47th extension of the day.

Drink responsibly. Remember alcohol is no longer deductible even if served for the convenience of the employer, or for entertaining your clients, as entertaining as you may be … or may become.

Tribune: Warning: Tax pros better up their game … literally

For a moment it looked like the tax world was about to be taken over by PokéTax, but accountants can now breathe a sigh of relief. At least for now, PokéTax has been sidelined .

Last April, Pryce Adade-Yebesi, the 24-year-old co-founder and CEO of OpenLedger, unveiled PokéTax, a new game that uses Tax Trainers, representing different parts of a tax form, like income, deduction, and credits (put me on the exclusion team please!), to complete a tax return. Once the “run” is finished, the player is directed to the IRS Direct File site to officially submit the return.1

PokéTax Tax Trainers ask players various questions to help them win deduction badges. An article cites questions such as “How much did you receive from pensions and annuities?” and “How much did you receive in unemployment compensation?”

I must confess, I thought that was really boring. I mean think of the questions that the standard Pokémon characters might ask:

Pokémon Trainer Style: “How many Poké-pension coins did you collect this season?”

Professor Oak Style: “Now then! Tell me, how much experience points did your retirement account earn?”

Team Rocket Style: “Prepare for trouble, make it double! To protect our tax returns from devastation! Now tell us — what’s your retirement compensation?”

Pokémon Center Nurse Joy Style: “Welcome! I hope your retirement portfolio is in good health! How much did it grow this year?”

Gym Leader Challenge Style: “Before you can pass, challenger, you must declare: What retirement experience did you gain to get here?”

There are various characters that may assist a player through the game, such as Deductoise and  Auditmandar, and players can use moves like “Audit Dodge,” “Tax Blast,” “W-2 Flamethrower,” and “Refund Rush.”2

But alas, tax pros are going to have some time to get their game on in preparation for these tax world games. With the IRS’s tabling of Direct File this year, it appears that PokéTax will not be playing this filing season.

Also note that in 2023, there was the dating-style game Tax Heaven 3000, where users went on a date with an avatar named Iris who asked questions to help complete a tax form. But that was only available for the 2022 tax filing year.  We will have to see what games are released next.

1 Zimmerman, Will, “Gen Z CEO has turned filing taxes into a fully playable Pokemon quest” (April 10, 2025) New York Post
2 Santabarbara, Sebastian “Accounting Firm Releases ‘Poketax’ Game to Make Filing Your Tax Return Fun (April 2, 2025) Retrododo

Tribune: Who says crime doesn’t pay?

Sometimes criminals seem to get off way too easy. Take Mr. Christopher J. Smyth of Pineville, West Virgina. Mr. Smyth owned Stat EMS, an emergency medical service (EMS) business (aka an ambulance business). Mr. Smythe racked up over $4.6 million in trust fund penalties for pilfering income taxes withheld from his employees for over a decade.

And this wasn’t the first time! Mr. Smyth created Stat EMS after his previous EMS business went bankrupt for, you guessed it, unpaid employment tax liabilities.

This time around, Mr. Smyth received three years of prison time for corruption and forcible interference with administration of internal revenue laws and a super-duper cumbersome repayment plan:

Now, when Mr. Smyth was interviewed by an IRS revenue officer, he stated that he had no personal bank accounts and denied that he used anyone else’s. In reality, he made regular deposits into a relative’s bank account and tried denying that he had any involvement in a series of other businesses, despite having signature authority over their bank accounts.

Something tells me that Mr. Smyth is experienced at hiding his income and assets (at least on paper), so the chances of the federal government collecting more than the minimum $100 per month from him once his incarceration ends seems like a stretch. At that rate, in his lifetime, he’ll never repay even a couple of months’ worth of interest on $4.6 million.

I, for one, am not that kind. Mr. Smyth is the type of person who makes you want to bring back good old fashioned medieval English punishments. Maybe I’m mean and cruel, but that’s okay with me. Mark me down as one year older and one year more curmudgeonly.

Tribune: On Luxembourg

I recently bought a volume of the works of Edgar Allan Poe during lunch, and I admit I wasted over an hour of work time that I should have spent reading OTA appeals, or pulling together podcast content, or writing articles to instead read favorites like “The Tell-Tale Heart” and, of course, “The Raven.”

But some good did come of it because I thought AI might do a good job of creating a spoof poem of “The Raven.” The results were pretty good, but you know the rule — don’t just rely on what AI pumps out — so I also tweaked it. I’m sure I committed various tense shifts, approximate rhymes, and scansion that leaves a lot to be desired, among other crimes of poetry. Hopefully, I won’t have to eat crow.

“The Haven”

Once upon a midnight dreary, while I pondered, weak and weary,
Over many a quaint and curious volume of offshore lore—
While I nodded, nearly napping, suddenly there came a tapping,
As of someone gently rapping, rapping at my chamber door.
“‘Tis some auditor,” I muttered, “tapping at my chamber door—
Only this and nothing more.”

Ah, distinctly I remember, it was in the bleak December;
And each asset in my portfolio wrought its ghost upon the floor.
Eagerly I wished the morrow; vainly I had sought to borrow
Respite from my wealth-born sorrow—sorrow for my dwindling store—
For the rare and radiant fortune that the angels name “secure”—
Taxed here forevermore.

Then a whisper, softly creeping, as if some dark secret keeping,
Spoke of islands far and distant, spoke of shores with golden store.
“Take thy wealth across the water, hide it there from those who bother,
Let no tax man ever gather what is rightfully your lore.
In these havens, safe and hidden, you shall prosper evermore—
Shall be poor, ah, nevermore!”

Now my coffers, ever growing, with the wealth forever flowing
To accounts where none may follow, to that far and distant shore.
And my assets from out that shadow that lies floating on the floor
Shall be taxed here—nevermore!

Tribune: Spidell’s Tax Season Tribune: Farewell until 2026!

Another Tribune season is coming to a close as April 15, 2025, fast approaches. Congratulations on almost crossing the finish line!

Have you noticed that among our Tribune topics, food plays a significant role? From timeless tax time treats to national Egg McMuffin Day to caffeine and ayahuasca, to “good snacks that change weekly with a combination of healthy and some not-so-healthy,” per Mike Giangrande — it’s clear that a successful tax season is both sweet and savory.

So it’s appropriate that everyone say farewell to the Tribune for now and toast filing season survival with some special cocktails and hors d’oeuvres. Click here and let the celebrations begin!

Starting next week, Spidell’s California Minute® podcast returns for its 10th season. Spidell’s Federal Tax Minute® follows on April 22.  

We look forward to staying connected and providing you with everything you need to know about California and federal tax issues.

In the meantime, relax with a cheese puff.

Tribune: Return of the PEEPs

It’s been a couple of years since we’ve sweetened the Tribune with a PEEP delight. But have no fear, PEEPs are returning this year in style … and I mean literally in style.

We know people are regularly tuned in to the annual “PEEPs show” where people can put their Peepsonality on full display by creating art pieces and dioramas with PEEPs:

www.peepsbrand.com/art-diorama-contests/

There are a plethora of PEEPs recipes, including ones for a PEEPtini and PEEP Jello-shots, which will definitely come in handy on April 15:

www.delish.com/holiday-recipes/easter/g3312/peeps-hacks/

But some people are taking PEEPs to a whole new level and are coming out with PEEP clothing, using actual PEEPs:

www.facebook.com/craftymorning/posts/save-those-peeps-so-you-can-get-started-on-your-easter-dress-credit-httpswwwinst/661486856217294/

www.lovetosewstudio.com/take-a-look-at-this-peep-fashion-show/

Being the doomsdayer that I can be, one of my first thoughts (after “wow, people really went there”) was “I just hope there are no April showers” because that could give a whole new meaning to a “PEEP show” …. Ba dum dum.

Tribune: Tax, taxidermy… same thing

Recently, Chip Leighton, author of New York Times Bestseller “What Time is Noon,” shared on Instagram some classic texts from kids (who were attempting to handle their own taxes) to their parents.1 The children are our future, and they want to know:

Tribune: A few final tax season punishments

Thanks to everyone who submitted creative ways to punish those tax clients who make things more difficult than they should be during tax season.  Here are a few final punishments suggested by Stacie D.:

“I want to hang water balloons on the ceiling above where the clients sit. I also want a remote control to release them. Because for some reason, almost everyone I ask about business miles seems to think it’s written up on the ceiling above them!  If the balloons were to drop and peg them once, or twice, they’d remember this is supposed to be documented and supported…and it’s not written on my ceiling.

I would love to hand out, free of charge, a gift bag of manure for every farmer who has sales of $10,100-$10,300 every single year.

A tube of lipstick for the clients who bring in numbers that we call “Revlon.” Because it is all make up.

And tiny fiddles for all the clients that balk about bringing in proof for due diligence for child tax credits. According to them, we’re the ONLY place that requires this. Um, yeah, ok.”

Tribune: Taxes in space: Will astronauts file state returns?

It’s the year 2042, and you’ve taken a job on the moon. The commute’s a breeze (no traffic lights in low gravity), your neighbor is a robot named Kevin, and—somehow—the Wi-Fi is better than it ever was on Earth. But just when you’re settling into your space routine, Tax Day shows up, and your screen hits you with the dreaded question: “Please select your state of residence.”

As Mars missions inch closer to reality and space travel becomes less science fiction, it’s only a matter of time before tax pros face their most out-there challenge: figuring out where tax nexus ends… and space begins.

Astronauts employed by NASA are still considered federal employees—and yes, they file returns like the rest of us. But what about a SpaceX technician based on the moon? Or someone mining crypto in a Mars colony? If you’re not physically in any state, does that mean no state income tax? Or will every state want a slice of that sweet, sweet space income?

California might.

Residency rules can get weird even on Earth. Say you move to Nevada but leave a couple things behind in your old L.A. apartment—like your surfboard and a houseplant that’s barely hanging on. That could still be enough for California to stake a claim. Now try explaining that from orbit: “I haven’t set foot in California since the rocket launch, I promise.”

And what about use tax? If you order snacks from Earth to your lunar pod, is that considered a taxable purchase? Asking for a friend who just wants peanut butter pretzels.

There’s also the matter of carbon credits on rocket fuel. And lunar property taxes? Good news: the moon still doesn’t have zoning laws. Yet.

Until the tax code catches up with space life, we recommend staying grounded—literally. For now, you’re still subject to good old earthly rules, even if you’re filing from low Earth orbit. But the day may come when CPAs have to ask: “Did you spend more than 183 days in the thermosphere?”

And when that day comes… we’ll be ready. With solar-powered calculators.

Tribune: Soda taxes: Bad fizz-cal policy?

A report from the Tax Foundation suggests that excise taxes on sugary beverages may not be a miracle weight loss solution after all.1 Many countries, including the United States, slap a tax on sugar-sweetened beverages – the thought is that with the price increase, people will consume less of these beverages, improving health. Apparently, people tend to just go find their sugar elsewhere rather than not consuming it at all.

The report studied sugar-sweetened beverage taxes (SSBTs… not to be confused with SSTBs, specified service trades or businesses for the purposes of the §199A deduction) across Europe and generally found that although the SSBTs successfully increased prices and decreased consumption of targeted beverages, the overall impact on public health remains as flat as day-old soda. When consumers face higher soda prices, they simply substitute other high-calorie options.

SSBTs can incentivize manufacturers to reduce sugar content in their products, for example the UK’s Soft Drinks Industry Levy has different tax rates for beverages containing 5-8g of sugar per 100ml versus those with 8g+ per 100ml. The thresholds create financial incentives for manufacturers to reformulate products to fall just below tax rate bands.

Besides, the report notes, simply reducing sugar will not (on its own) improve health outcomes. There are other studies that suggest that a broader tax on sugar would be more effective in reducing sugar consumption, but could be complex to implement.

The bottom line is that soda taxes may generate some revenue fizz, but when it comes to public health benefits, they’re mostly empty calories.

Tribune: 40,000 people with the same Social Security number

In its March 21, 2025, issue of CalTaxletter, the California Taxpayers Association shared this Tax Trivia factoid explaining how 40,000 people came to have the same Social Security number. Reprinted with permission.

Q: According to the IRS, “The most misused Social Security number of all time was 078-05-1120,” which has been used by approximately 40,000 people since 1938, when it was shown in a promotion by the manufacturer of what type of product?

A: Wallets. The IRS explains: “In 1938, wallet manufacturer the E. H. Ferree company in Lockport, New York, decided to promote its product by showing how a Social Security card would fit into its wallets. A sample card, used for display purposes, was inserted in each wallet. Company Vice President and Treasurer Douglas Patterson thought it would be a clever idea to use the actual SSN of his secretary, Mrs. Hilda Schrader Whitcher. The wallet was sold by Woolworth stores and other department stores all over the country. Even though the card was only half the size of a real card, was printed all in red, and had the word ‘specimen’ written across the face, many purchasers of the wallet adopted the SSN as their own. In the peak year of 1943, 5,755 people were using Hilda’s number. The Social Security Administration acted to eliminate the problem by voiding the number and publicizing that it was incorrect to use it. (Mrs. Whitcher was given a new number.) However, the number continued to be used for many years. In all, over 40,000 people reported this as their SSN. As late as 1977, 12 people were found to still be using the number.”

(CalTax: We’re not convinced that using a half-sized replica demonstrates that a full-sized card would fit in the wallet, but that’s another story.)

Tribune: March madness turns into March insanity

A group of 24 men in Georgia broke the record for the longest basketball game during a charity game to raise money to fight sex trafficking.1 The new Guiness World Record for a continuous basketball game is 121 hours and 3 minutes, which broke the previous record of 121 hours, set by the same group of men in 2024.2

The players, ages 17 through 64, were required to stay inside the gym the entire time, even during breaks, and were required to eat and sleep on the court.3 The game was played with no quarter breaks or timeouts, and groups of six played two-hour shifts during the day with a five-hour sleeping shift at night.

The final score was 13,096 to 12,972. As compared to the highest scoring game in real March Madness history: in 1990, LMU beat Michigan 149-115.

Tribune: Honestly, who steals a toilet?

Well, the answer is an Englishman who had such a “splendid” experience using it the day before that he was compelled to return later with friends and steal it. Of course, it helps that the toilet was made of solid 18-carat gold and was insured for more than $6 million.

The latrine in question was a fully functional one-of-a-kind work of art located at Blenheim Palace – the country mansion where Winston Churchill was born.

The authorities never found the toilet, and it is presumed to have been cut up or melted and sold. I, for one, hoped they melted it down if for no other reason than to sanitize the gold before selling it.

The toilet has an interesting American history because it had previously been on display at The Guggenheim in New York and was reportedly offered to President Trump during his first term in office.

Tribune: States that tax groceries

Kansas and Oklahoma both recently eliminated their statewide taxes on groceries (although local taxes may still apply, and sales tax may apply to certain foods), leaving a handful of states that still apply a state-level tax to groceries.1

The 10 states that still impose a tax on groceries are:

* State offers a grocery tax credit

Tribune: Those timeless tax time treats

Last year we ran an article on tax season treats. Not surprisingly, tax pros opt for fairly predictable options such as Smarties, Almond Joys, and microwave popcorn (burnt, of course).

But what if tax offices were to follow some of the trends of food makers that are getting far more creative with their culinary delights, such as:1

So, what would you like to find in your tax office’s break rooms? Here are some AI-inspired suggestions (thanks Claude and ChatGPT!) to perk up your staff:

1 Durbin, Dee-Ann, “SourPatch Kids Oreos? Peeps Pepsi? What’s behind the weird flavors popping up on store shelves,” The Associate Press, May 2024

Tribune: Illinois’ new (old) state flag

Illinois residents recently voted on a new design for their state flag after considering thirteen options that included ten new designs,1 the 1918 Centennial flag, the 1968 Sesquicentennial flag, and the current flag. After culling 4,800 design entries and putting the issue to vote, Illinoisans have spoken: keep the current flag.2

Despite being derisively referred to as “SOB” (seal on a bedsheet, in reference to the circular emblem on a plain white field), the current flag received 43% of the votes, more than any other option. Technically, there were more total votes for the new designs, and the Illinois General Assembly will have the final vote, although it’s unlikely they will deviate from voters’ selection.

You can view all 50 state flags, territory flags, and Native American tribal flags at:

https://bit.ly/flags-us-states-territories

Admittedly, I only recognized a couple, and my personal favorite designs are Arizona, Maryland, Utah, and Chinook Nation.

Tribune: Update: Chief judge cancels car washes

Michigan Chief Judge William Crawford II has canceled the “Walmart Washes” that we reported on last week. The judge who came up with the sentence didn’t seek approval from other court officials, Crawford said, and Walmart headquarters objected to the car washes being held on store property.1

However, the legal system has yet to weigh in on the following tax season punishments suggested by Tax Season Tribune readers:

“My punishment isn’t for that one client. It is for Congress who writes the laws. I think every Congress member should be required to prepare their own returns, by hand, without a computer.” — Terri H.

“No matter how many times I tell clients not to send me jpegs of their documents via text message, there is always one or two who do. Their punishment should be that I send them their tax return one page at a time as jpegs to their phone. Let’s see how they like it.” — Linda S.

Do you have any other tax season punishments in mind?  Send them to editor@spidell.com.

Tribune: Don’t do the crime if you can’t do the (unusual) time

Dozens of shoplifters hit a Walmart in Grand Blanc, Michigan, over the past few months, but it’s the store’s other shoppers who will be making a clean getaway.

That’s all thanks to Genesee County District Court Judge Jeffrey Clothier, who sentenced the 48 shoplifters to four weekends of free car washes in the store’s parking lot.

"I came up with a wash for Walmart. Everybody who’s here in the courtroom today is going to be doing community service, washing cars, so the people that actually go to Walmart and pay for their goods, they are going to get a free car wash from the people that think it’s a good idea to go there and steal," the judge told a Michigan TV station.1

According to the Associated Press,2 the judge believes as many as 100 people will take part in the Walmart washes this March and April. And they’ll be joined by the judge himself.

Fast food fight

A judge in Ohio cooked up a creative punishment in 2023 after a Chipotle customer threw her burrito bowl at an employee because she didn’t like how it looked.3

Parma Municipal Court Judge Timothy Gilligan said the food-flinging customer could have her jail sentence reduced by 60 days if she spent two months working a fast-food job instead.

“I bet you won’t be happy with the food you are going to get in the jail,” he said.

What would you do?

It’s the middle of tax season, and any tax professional reading this is probably reminded of that one client that is trouble every single year. If you were judge for one day — April 16, let’s say — what punishments would you come up with? Mandatory paperless/PDF account statements for anyone who comes in with a box of unorganized paperwork? Two weeks of work with no days off for anyone who doesn’t give you their W-2s until after April 1?

E-mail us at editor@spidell.com with your punishment ideas and we’ll share them in a future issue.  Here’s one from Mike Giangrande to get you started: “Spend 12 weeks reading the Internal Revenue Code for 8 hours a day. If you fall asleep, you have to start over.”

Tribune: A five-star audit

Tax agencies have long used taxpayer social media accounts to troll for information during an audit. In this TMI age, the IRS and state tax agencies use taxpayer social media accounts to compare taxpayers’ reported income against their visible lifestyle on social media; confirm business service offerings and pricing; check event announcements for possible unreported revenue; and use social connections to reveal potential unreported business relationships.

But even if the taxpayer isn’t the one posting images online, customers might be.

An Orange County, California, nightclub was found to have underreported its taxable sales by approximately $1.85 million after an audit revealed unreliable information regarding its purchases.1 During an audit from the California Department of Tax and Fee Administration (CDTFA), which administers California’s sales and use taxes, the CDTFA determined that the nightclub’s liquor markup percentage (which was around 40%) was far below normal, indicating understated sales.

Purchase records from the nightclub’s vendors showed beer purchases, but documentation for liquor purchases was largely absent. The CDTFA examined Yelp reviews of the business, where photos and videos showed a fully stocked bar with various name-brand liquors. Based on these images, the CDTFA estimated that the taxpayer’s liquor purchases equaled its beer purchases (a 50:50 ratio).

Using this ratio and a 463.40% markup from a prior undisputed audit (which is a normal markup percentage for a bar/nightclub), the CDTFA calculated unreported taxable sales of $1,854,547, resulting in unpaid tax of $145,000.

1 Appeal of La Boom Entertainment, Inc., 2024-OTA-305

Tribune: Taxes and architecture

Certain styles of building could be the result of creative genius or… tax policy. Here are some examples of architectural design influenced to get around tax laws of the time:1

  1. In the 18th and 19th centuries in England, France, and Ireland, taxes on windows led building owners to brick over existing windows to avoid paying the tax.
  2. Narrow houses in Amsterdam were a response to a 16th century building tax that was calculated based on the width of the building’s façade.
  3. Paris taxes that were levied on the number of floors below the roof line could be lowered by a Mansard-style roof.
  4. In present day Greece, properties with pools are subject to a luxury tax, causing some pool owners to dye the water green so the pool is less visible from satellites searching for pools to tax.

Tribune: TikTok talks tax

The IRS released its annual Dirty Dozen tax scams, and one of the threats on the list for 2025 is bad social media tax advice.1 The IRS pointed out that “social media platforms routinely circulate inaccurate or misleading tax information,” (what, really?) “including on TikTok where people share wildly inaccurate tax advice.” For example, the advice being peddled by social media influencers includes:2

  1. Oh, look. It’s Mike Giangrande’s favorite topic: anyone and everyone can claim their car as a business expense.
  2. Use tax software to create a fake W-2 with large income and withholding amounts, plus a fictitious employer.
  3. Claim your 4-pound chihuahua as a guard dog.
  4. Invent household workers and file Schedule H to claim fake sick and family medical leave wages.
  5. Anyone who’s self-employed can take the “self-employment tax credit” of up to $32,000. (The actual credit applied only to narrow COVID-19–related circumstances in 2020 and 2021.)

The frustrating thing is that when the IRS catches up with the taxpayers who fall for these scams, the taxpayer is the one liable for the tax and penalties; the influencers generally are not held accountable. However, the IRS does encourage reporting anyone promoting an abusive tax scheme by filing a Form 14242, Report Suspected Abusive Tax Promoters or Preparers.

Tribune: Feb-roo-er-ee (not feb-u-air-ee) came and went in a flash!

Have you seen the funny desk sign – “I’m silently correcting your grammar”? I love it! I would also like “I’m silently correcting your pronunciation.”

Word has it that English is crazy difficult to learn if it’s not your first language. It reflects our characterization as a melting pot, with a splash of Old Norse, pinches of Latin, a heavy peppering of Germanic variations, a soupcon of French.

So there’s obviously no consistency with pronunciation, which is a real problem. Just consider “tough,” thorough,” “though,” and “through,” and laugh. Then throw in “lough” (pronounced “lok” (Scottish/Irish)), and weep. Check out itsbobbyfinn on Instagram for an entertaining English lesson. He plays both the nerdy scold and his befuddled, frustrated alter ego who can’t pronounce words correctly because they don’t follow a predictable pattern (ear … so, fear … but, bear … but, hear … but, heard … you get the idea).

There can be some stumbling blocks even for those who think they can pronounce everything correctly: synecdoche (si-nek-duh-kee (Greek)), which is a figure of speech where a part of something is used to refer to its whole, e.g., a hired hand is a worker, floccinaucinihilipilification (flok-se-now-suh-ni-hi-li-pil-i-fi-kay-shun (Latin)), which means the act of estimating something as unimportant, and chiaroscuro (kee-ar-o-skoo-ro (Italian)), meaning the treatment of light and shadow in drawing or painting, just to name a few.

And let’s not forget about another English oddity – the silent medial “t.” “Often” is probably the most obvious example and the most oft-repeated. Often has been around since the early 1300s and used as a variant of oft, so the “t” was pronounced early on but then fell away. It’s been making a resurgence, however, so we’re not allowed to considered someone illiterate if they pronounce the “t.” When I hear the “t,” I admit to silently correcting it.

On the other hand, there’s the issue of the silent medial “b.” Consider “subtle.” Under no circumstances should the “b” be pronounced. My colleague heard the “b” included when she was at a restaurant recently and lost her appetite. It was an ignominious (on a top 31 list of mispronounced words) offense.1

Hope you’re having a great March weekend, being carefree in your floccinaucinihilipilifications, and taking in some of the rural (another top 202) charms of your area.

Tribune: Americans on the move

According to U.S. Census Bureau data for the period July 1, 2023, and June 30, 2024, South Carolina had the greatest population growth for the second year in a row, while the state with the highest population loss was Hawaii. You can see the other top population changes at:

https://taxfoundation.org/data/all/state/americans-moving-to-states/

Tribune: Getting your green on

While we know most tax professionals will equate March 17 this year with filing partnership and S corporation returns, most of the rest of the world will actually be celebrating dear old St. Paddy.

For those who can’t break away from their desks to celebrate, we thought you’d like to know what’s happening away from your computers:1

But these celebrations are not limited to Ireland, the U.S., or even the world. In Montserrat, a Caribbean island, the festivities last 10 days, and St. Patrick’s Day, where both the saint and a slave rebellion are celebrated, you’ll find residents partaking in a calypso competition and eating Creole food.

St. Patrick’s Day is even celebrated on the international space station, where you will find the astronauts belting out an out-of-this world rendition of “Danny Boy” and playing the Irish flute.

As for me, I may be sitting at my desk that day, but I’ll not be alone. I’ve found a fabulous new Irish drink: a Boozy Shamrock Shake, with a little vanilla ice cream, milk, Irish crème de menthe, and a not so little amount of Bailey’s Irish Cream. Care to join me?

1 Koyfman, Steph, “The 10 Most Unusual St. Patrick’s Day Traditions  Around the World,” Babbel, March 10, 2022

Tribune: Opinion: Have Little Golden Books jumped the shark?

I recently purchased a Little Golden Book; not one of the vintage titles that we are all familiar with, like “The Poky Little Puppy” or “The Little Red Hen”, but a brand new one. I am well beyond the typical age for a Little Golden Book reader, also I do not have children. But I was equal parts horrified and delighted to see that one of my favorite movies of all time had been turned into a Little Golden Book… “Jaws”.

That’s right, Tribune reader, everyone’s favorite movie featuring blood-stained water, severed limbs, and a haunting retelling of the USS Indianapolis sinking is now a charming book that illustrates opposites, as the little boat chases the big shark. I probably don’t need to tell you that the above-mentioned features have been scrubbed from the storyline. Instead of homemade moonshine and plates of beans and rice, our sailors sing songs over coffee and croissants (also, Quint lives). Spoiler alert: at the end, the shark gets tired and goes home.

I love that Little Golden Books has released bios of famous people such as Lebron James, Zendaya, and Harry Stiles. And their Taylor Swift bio sold 1 million copies in just 7 months.1  But turning bloody 70s thrillers into children’s books seems weird. Although, when they release the Little Golden Book version of “The Texas Chainsaw Massacre”, you know I’m going to buy it.

Tribune: Happy National Egg McMuffin Day

Sunday, March 2 is National Egg McMuffin Day, celebrating the 50th anniversary of McDonald’s flagship breakfast menu item. The McMuffin was released in 1975, invented by Herb Peterson, who for some reason was looking for a way to put eggs benedict “in the palm of your hand.”1

To celebrate, McDonald’s is offering egg McMuffins and sausage McMuffins for $1, only on March 2 and only if you order through the McDonald’s app. For the rest of March, you can get BOGO McMuffins delivered directly to you via the McDelivery option in the app.

Tribune: Business autos: Boy, did I hit a raw nerve

In last week’s Tribune, I wrote an article titled “Business” autos: The bane of my existence.” If you missed out, you can read it here: https://bit.ly/41d3iV4

I think I hit a raw nerve with many of our readers because I received more direct e-mail responses to that article than any other article I have written in my nine years with Spidell. I responded to many, but the time constraints of tax season prohibited me from responding to everyone.

I take comfort in knowing that so many of us go through the same struggles and are confronted with the same client frustrations.

I communicate with so many tax professionals through e-mail, webinar Q&As, Message Board responses, and good old-fashioned face-to-face conversation at live seminars. I am always comforted when I hear another person in our industry let down their guard and admit to the annoyances in their practice or lament the errors they made along the way.

I don’t take pleasure in the hardship of others, but I take comfort in knowing that whatever I’m going through in my practice, nearly everyone else has gone through it, too.

I may not be able to respond to every e-mail that comes my way, but if you need to let it out, you know where to reach me: mikeg@spidell.com

Tribune: Kaldi and the goats

It’s not the name of a band, it’s the revered beings responsible for everyone’s favorite energy elixir, 2.25 billion cups of which are consumed daily worldwide.1 According to legend, Kaldi the Ethiopian goat herder discovered coffee when he noticed that his goats became energetic and would not sleep at night after eating berries from a certain tree. They were eating coffee cherries, and coffee beans are the seeds inside. Here are more fun facts to peruse as you enjoy your morning cup.

Meanwhile, if you rock as hard as you reconcile, and you’re thinking of forming an office band and need a name (and “LIFO the Party” isn’t doing it for you), Kaldi and the Goats is probably available. I predict a strong cult following, especially among the barista set.

Enjoy responsibly

Too much caffeine can cause a variety of symptoms, including increased heart rate, heart palpitations, high blood pressure, anxiety, nausea, and headache. But what’s “too much,” four cups or 25? Fortunately, there is a helpful online calculator (of unknown provenance) that will let you know your lethal dosage amount (mine is 52.3 cups): www.caffeineinformer.com/death-by-caffeine.

Tribune: Top 10 IRS cases of 2024

The IRS Criminal Investigation Unit annually releases its top 10 cases from the prior year. Here are some highlights from the list of 2024 cases.1

Tribune: “Business” autos: The bane of my tax existence

Can we talk frankly about “business” autos? I can’t be the only tax professional who cringes every time a client says they bought a new car for their business that they insist is only used for business purposes.

In the most recent instance in my own practice, a lawyer told me that he bought a new Mercedes G550 in 2024 – a vehicle with a $150,000 price tag. He said he chose the G class because it has a gross vehicle weight rating over 6,000 lbs., therefore he can claim 60% bonus depreciation for the vehicle ($150,000 x 60% = $90,000 expected deduction).

When I informed my client that 60% bonus depreciation is only available for vehicles that have 100% business use, he insisted that he only used the car to commute to and from the office, therefore, the vehicle is 100% business. When I informed him that commuting to and from work is a personal expense and not a business expense, I got the usual “what do you mean commuting to and from work isn’t a business expense?” I’ve only explained this issue to clients a bajillion times.

I know my client’s business and I knew right away that his business mileage, if any, was probably 5% at best. Of course, he also had the firm purchase the vehicle. So now I have to deal with a vehicle owned by the business with 5% business mileage (if I’m lucky) and I’m sure the firm’s credit card will include car payments, gas, maintenance, etc.

This is only one of many, many different variations of business auto issues I encounter on a regular basis that have caused me to pull all my hair out (there’s none left). Do you hate business autos as much as I do? What business auto issues make you want to smash glass? Let me know via e-mail at mikeg@spidell.com.

Tribune: This 501(c) was not the IRS’s cup of tea

The IRS denied a religious organization tax-exempt status because it served its members ayahuasca while it was awaiting a religious exemption from the Drug Enforcement Agency (DEA).1

Organizations that want to be classified as tax-exempt under §501(c)(3) have to demonstrate that their activities are legal and consistent with public policy. The organization in this case was a church whose members’ sincerely held beliefs involved the consumption of ayahuasca, a Schedule I controlled substance that contains DMT, which is a strong (and illegal) psychedelic drug.

Under the Controlled Substances Act (CSA), there is a specific process for religious exemptions that allow for the use of controlled substances. To obtain the exemption, a religious organization must apply through the DEA, or a federal court can also issue an exemption.

The Iowaska Church of Healing applied for both tax-exempt status and a DEA religious exemption from the CSA. However, while those applications were still pending, the church conducted Ayahuasca tea ceremonies for its members. The IRS denied the §501(c)(3) exemption because the church engaged in illegal activity without a CSA exemption. The church cited Gonzales v. O Centro Espirita Beneficente União do Vegetal,2 claiming that case recognized the use of ayahuasca in religious ceremonies as an exercise of religion under the First Amendment. But the IRS countered, and the court agreed, that the church had misinterpreted O Centro to mean they could use ayahuasca without the CSA exemption. Rather, that case found that an organization does not have to apply for an exemption from the DEA before seeking relief in the courts.

Tribune: Down the drain

The Environmental Protection Agency’s annual “Fix a Leak Week” is approaching: March 17 through 23, 2025. According to their website, household leaks nationwide waste almost 1 trillion gallons of water a year total. The website provides info on checking for various types of leaks, videos for how to fix simple leaks like leaky faucets, and other resources:

www.epa.gov/watersense/fix-leak-week

The USGS provides a drip calculator so you can get a sense of how much water is actually going to waste. They calculated the volume of one drip to be ¼ milliliter and you can see how that adds up at:

https://water.usgs.gov/edu/activity-drip.html

Tribune: The tax season pickle

Okay, I have a confession to make. I have become one of the myriad of “golden agers” who have joined the pickleball craze. I was never one for team sports; they were always way too much pressure for me. But I could never resist a ping pong table, and there my inner competitive monster would always come out. Friends who had seen me at the ping pong table said I’d love pickleball and, no, it didn’t require nearly as much energy as tennis, so I thought, why not, “I’ll give it a try.” 

And that was the last mild-mannered phrase you have since heard me utter about pickleball.

Here are a few of the things I absolutely love about pickleball:

And now that I’ve become hooked, I highly recommend my fellow tax professionals to join in, especially during tax season. I know, you’re thinking I’m crazy, but hear me out.

First, pickleball scoring is significantly less complicated than calculating alternative minimum tax. When your brain is fried from determining whether your client’s crypto trades constitute a wash sale, there’s something refreshing about a scoring system that doesn’t require a master’s degree to understand. Plus, shouting “7-3-2!” is far more satisfying than working with balance sheets.

The “kitchen” rule in pickleball (where you can’t volley from the non-volley zone) is also oddly familiar to tax practitioners. Just as you wouldn’t dare step into the kitchen during a game, you know better than to step into certain tax positions without substantial authority. Both mistakes can result in painful penalties, though at least pickleball doesn’t involve IRS notices.

Consider the therapeutic benefits: Every dink shot is an opportunity to release the pent-up frustration of dealing with clients who bring their tax documents in a shoebox. Each serve becomes a symbolic launching of those passive activity loss limitations into the stratosphere. And nothing beats the stress relief of smashing a pickleball after spending hours on hold with the IRS.

Moreover, the social aspect of pickleball provides a much-needed escape from tax isolation. Instead of talking to your office plant about depreciation schedules, you can discuss them with fellow players who will quickly change the subject to literally anything else.

Remember: Tax season is temporary, but pickleball addiction is forever. Besides, the only audit you’ll face on the court is whether your serve was actually out. And unlike tax disputes, those can be settled with a friendly “do-over.”

Tribune: Bitcoin facts and firsts

From its humble beginnings trading for pennies to becoming legal tender in sovereign nations, from pizza purchases that made history to lost fortunes buried in landfills, Bitcoin has already had a journey that rivals the best Hollywood scripts.

Here are some fun facts about everyone’s favorite magical internet money.

Bitcoin factoids

Satoshi Nakamoto, Bitcoin’s creator, owns around 1 million bitcoins (worth billions of dollars) but has never moved or spent them.1 The FBI became the holder of (at the time) the largest Bitcoin wallet in the world after seizing 144,000 bitcoins from the Silk Road marketplace in 2013.2 However, Satoshi Nakamoto is the largest Bitcoin holder.

There’s a limited number of bitcoins that will ever exist — 21 million. However, due to lost wallets and passwords, the actual number of usable bitcoins is significantly lower. Some estimates suggest up to 20% of all bitcoins are permanently lost.

For example, James Howells accidentally threw away a hard drive containing 8,000 bitcoins in 2013.3 He repeatedly tried to get permission to excavate the Welsh landfill where it’s buried, even offering the local council a percentage of the recovered funds.

(Following a hearing, a High Court dismissed Howells’ claim for excavation in January 2025, ruling that it had no prospect of success.)

A few people have had QR codes of their Bitcoin wallet addresses tattooed on their bodies, allowing for quick transactions by scanning their skin.4

Bitcoin firsts, a timeline

The first Bitcoin whitepaper was published by Satoshi Nakamoto on October 31, 2008, titled “Bitcoin: A Peer-to-Peer Electronic Cash System,” which describes the original plan and protocol for Bitcoin.

The first Bitcoin block (the Genesis block) was mined on January 3, 2009.

The first Bitcoin transaction occurred on January 12, 2009, when Satoshi Nakamoto sent 10 BTC to Hal Finney.

The first Bitcoin exchange, Bitcoin Market, was established in February 2010.

The first real-world Bitcoin transaction was on May 22, 2010 (also known as Bitcoin Pizza Day), when Laszlo Hanyecz paid 10,000 BTC for two Papa John’s pizzas (roughly $41 at the time, or $0.0041 per Bitcoin). The Bitcoin Pizza Index tracks how much that purchase would be worth in today’s Bitcoin: https://bitcoinpizzaindex.net/.

The first major company to accept Bitcoin payments was WordPress in November 2012.

The first Bitcoin ATM was installed at Waves Coffee Shop in Vancouver, Canada, on October 29, 2013. The first Bitcoin ATM in Europe was installed in Bratislava, Slovakia in December 2013. The first Bitcoin ATM installed in the United States went online on February 18, 2014, in a cigar bar in Albuquerque, New Mexico, but was removed 30 days later.

The first country to adopt Bitcoin as legal tender was El Salvador on September 7, 2021.

Tribune: How do you make long office hours bearable?

Tax season has officially kicked off and for many of us that means arriving at the office before the sun rises and leaving long after it sets. Working 12+ hours every day, six or seven days a week for three months straight is a hell of a grind. How do you get through it?

Here’s what works for me:

Lately, I’ve had a lot of tension in my neck, so I’m considering a massage chair. It’s depreciable, right?

Send your best tips (and massage chair recommendations if you have them) to mikeg@spidell.com.

Tribune: A fraud worth its weight in school lunches

Toward the end of 2024, a DOJ release floated across my desk: an individual in Seattle had been sentenced to 10 months in prison for failing to report as much as $6 million in income on his tax returns for 2016 through 2020.1 Upon closer reading, I discovered this individual owned coffee carts in Seattle. I know Seattle loves its coffee… the world loves Seattle’s coffee.2 But $6 million in income from coffee carts? The answer is yes, if they are bikini barista coffee carts, which these were.

Let us set aside the questionable (although apparently profitable) practice of selling coffee in a bikini in the winter in Seattle. The DOJ release also presents readers with a Helpful Comparison so we can wrap our pea brains around the magnitude of this fraud.

Not content to merely note that the coffee cart owner caused a tax loss of around $1.3 million, the prosecuting attorney offered that while the coffee cart owner had enriched himself from sales to his community, he felt “he did not need to pay his share of the costs that support that society. … For example, school lunches are provided by the United States Department of Agriculture’s Food and Nutrition Service. But for this prosecution, [his] tax fraud would have cost the government the equivalent of 462,000 school lunches.”

Oh, now I get it. Dollars mean nothing to me, but undercooked pizza and tater tots? How dare he.

In case you are still unclear as to what this all means, here are more Helpful Comparisons, using a standard 10 × 8 school lunch tray:3

Which brings us back to Seattle, and bikini barista coffee carts, and a fraud worth the height of 212 CN Towers in school lunch trays. And he only got 10 months.

Tribune: Beer taxes across Europe

Already dreaming about a post-tax season European vacation? If you know you want to get away but can’t decide on the destination, there’s always the usual considerations: museums, architecture, gardens, a restaurant featured on Chef’s Table… beer taxes.

The Tax Foundation created a map of the beer taxes across Europe, with Finland being the highest at €0.597 per 330 mL bottle of beer. You can see the rest at:

https://taxfoundation.org/data/all/eu/beer-taxes-europe/

Tribune: Spidell’s Tax Season Tribune: Farewell until 2025!

This is it: the final issue of Spidell’s 2024 Tax Season Tribune. Hopefully we have provided you with some levity during this filing season, and maybe a few new jokes to tell at parties. Don’t forget to follow us on LinkedIn, Facebook, and Instagram — you’ll get great information there, too.

We’ll continue to provide you with more analysis, seminars, and breaking tax news. Next Sunday, Spidell’s California Minute® podcast returns for its ninth season, and Spidell’s Federal Tax Minute® podcast will be back starting April 23.

Tribune: TikTok tax advice

The IRS is warning taxpayers of the inaccurate and misleading tax advice coming from social media, including TikTok among other sources. Before you roll your eyes at me, let me say up front that the IRS’s warning is less about Chinese disinformation and more about faux experts run amok.

Who would have thought that a group of people whose lives depend on “clicks” would provide anything but sound professional tax advice? To save you the time, I watched a TikTokker (wearing cut off jean shorts and a tank top) explain that all you have to do is start an LLC, and you can deduct all your cell phone, car, and other expenses against your other income — no actual business purposes needed. Why didn’t I think of that?!? Oh yeah, because it’s tax fraud, you dolt!

So, as I end my last Tribune article of this tax season, let’s raise a glass to TikTok tax influencers and artificial intelligence creators alike! They will give real professionals plenty of job security to last (… at least until I’m ready to retire).

Until next year!

Tribune: IRS backpedals on medical expense deductions

In March 2023, the IRS issued new FAQs on their website addressing whether certain costs related to nutrition, wellness, and general health are classified as medical expenses under IRC §213.1

The FAQs reminded individuals about the deductibility of expenses like smoking cessation programs, therapy, weight loss programs, and gym memberships.

However, it seems that people were taking the IRS’s advice too far because almost exactly a year later, the IRS issued an alert reminding taxpayers that personal expenses for general health and wellness are not considered medical expenses under the tax law.2

Specifically, general welfare expenses that are not specifically for the purpose of diagnosis, cure, mitigation, treatment, or prevention of disease are not deductible or reimbursable under health flexible spending arrangements, health savings accounts, health reimbursement arrangements, or medical savings accounts (FSAs, HSAs, HRAs, and MSAs).

The IRS noted that some companies were misrepresenting the circumstances under which food and wellness expenses can be paid or reimbursed under FSAs and other health spending plans. FSAs and other health spending plans that pay for, or reimburse, nonmedical expenses are not qualified plans. If the plan is not qualified, all payments made to taxpayers under the plan, even reimbursements for actual medical expenses, are includible in income.

Tribune: A new look on the horizon

We are excited to announce that in May, Spidell will begin to roll out a new look and feel for our brand! This includes a new logo and a fresh look for our marketing and subscription e-mails. But you can be sure that behind these visual upgrades, there will be the same high-quality tax analysis that you have come to trust and expect from Spidell.

Tribune: The tax man cometh, and the therapist is right behind

Filing season can be hard on everyone, tax pros and taxpayers alike. But a recent poll by Cash App Taxes revealed that 25% of Gen Z taxpayers said they get so stressed during filing season, they need a therapist.1 Further, 54% of that same group said that filing taxes has brought them to tears in past years or they expect it will this year.

This could open up a new advertising avenue for tax professionals: “No-More-Tears Tax Prep.”

(If Cash App Taxes sounds familiar to you, they were the ones involved in the logo dispute with H&R Block, which we covered in the March 5, 2023, issue of Spidell’s Tax Season Tribune.2)

AB 984 to the rescue

In an attempt to bolster the financial literacy of young people leaving high school, California’s AB 984 would require a one-semester course in economics that would include content in personal finance as a requirement to graduate.

According to the bill’s authors, “AB 984 guarantees access to a personal finance course to all high school students, instilling them with the skills and support they will need throughout their lives.” Problem solved.

Except the bill analysis admits that there have been numerous past attempts to mandate personal finance instruction in high school, but research into whether this instruction is actually effective has mixed results.3 Specifically:

“One author concludes that, ‘We have long noted with dismay that students who take a high school course in personal finance tend to do no better on our exam than those who do not. This finding has been a great disappointment to consumer educators and to those who support efforts to make courses in personal finance a requirement for high school graduation, and it points to the need for better materials and teacher training.’ (Mandell, 2006).”

Until personal finance finds its way into the curriculum, filing season might be a boon to therapists. And taxpayers will want to refer to the IRS’s FAQs to see whether those therapy costs are deductible medical expenses. But more on that next week.

Tribune: Judge tosses tree thrower’s disability case

You win some, you lose some. An Irish woman lost out on a payout worth more than $800,000 in U.S. dollars in an injury lawsuit after the judge dismissed her claim earlier this year because she won a tree-throwing competition just months after her supposed injury.

Kamila Grabska claimed that a 2017 car accident left her with pain in her back, neck, and spine, and she filed an insurance lawsuit in 2022 claiming she was unable to work for the previous five years.1

In court proceedings in Limerick,2 she was questioned about a photo published by a local newspaper the year after her injury that showed her heaving a Christmas tree through the air.3 Grabska said in court that she was only trying to “live a normal life.” Other evidence presented included video of her playing with a dog for up to an hour and a half.

Judge Carmel Stewart described the tree-throwing photo as “very graphic,” and dismissed Grabska’s lawsuit, saying “I’m afraid I cannot but conclude the claims were entirely exaggerated.”

As this tax season is winding down, here’s hoping you haven’t had to deal with a questionable return that may feel entirely exaggerated in its own way. After all, you can only trust a troublesome client as far as you can throw him, which is good news — unless, of course, you’re in Ireland and that client is a tree.

Tribune: Which words have been banned this year? Wait for it…

In a past Tribune issue, we covered the Banished Words List, which is released annually by Lake Superior State University in Sault Ste. Marie in the Upper Peninsula of Michigan. The 2024 list contains the following words:

You can read about the selection committee’s reasoning at www.lssu.edu/traditions/banishedwords/.

The Banished Words List is not the only fun tradition held by LSSU. In 1971, a faculty member started the Unicorn Hunters club. The club disbanded when he retired in 1987, but you can still get a unicorn hunting license through the university’s Department of Natural Unicorns.

The university also welcomes spring to the Upper Peninsula each year by burning a 10- to 12-foot paper snowman at high noon on the first day of spring.

Tribune: Counterfeit ring’s counterfeit rings seized by feds

U.S. Customs and Border Protection in Cincinnati recently seized a shipment containing 90 fake championship rings that, if they had been real, would have been worth $2.71 million.1

The shipment contained 40 2019 Kansas City Chiefs Super Bowl rings, 20 1969 Kansas City Chiefs Super Bowl rings, 15 1985 Kansas City Royals rings, and 15 2022 Kansas Jayhawks championship rings. All of the pieces were made with cheap materials and faux gemstones, and bore the registered trademarks of the NFL, NCAA, and MLB.

The shipment appeared to be a person-to-person transaction, a common counterfeiting technique where the shipment is sent to one person who then mails out smaller prepackaged parcels to U.S. addresses, bypassing scrutiny.

The Cincinnati package was flagged for a physical search after an X-ray examination yielded inconclusive results.

Don’t forget about use tax

However, counterfeiters may not only land in trouble with Customs and Border Protection. In a recent tax appeal in California, a counterfeiter was also slapped with use tax on the street value of the fake goods he was holding.

The taxpayer was in the business of selling counterfeit handbags, belts, wallets, and sunglasses in Los Angeles.2 The taxpayer sold two counterfeit items to an investigator, and based on those purchases, the California Department of Tax and Fee Administration (CDTFA) was able to determine the approximate markdown percentage of the counterfeit items as compared to what the items would have cost if they were legitimate. The two counterfeit items totaled $1,280, but the MSRP if they had not been counterfeit would have been $165,510. This resulted in a markdown percentage of 12,830.47%.

The CDTFA then applied the markdown percentage to the $13,059,470 MSRP of all of the confiscated goods. They determined that the taxpayer could have sold all of those goods for $100,998, and based the use tax owed on this amount.

The taxpayer was convicted of two counts of counterfeiting.3 Therefore, because he is a “convicted purchaser,” his purchases of counterfeit items for resale were subject to use tax because any purchase of counterfeit items he made prior to being convicted constitutes a taxable storage or use of those items.4

Tribune: California: the anti-red state

Before your blood starts to boil, I’m not talking about Communists, Republicans, or Buckeyes fans. This is something much more pervasive that affects all of us. Red dye #3.

If you’re old enough, you remember the disappearance of the original red M&M, which was discontinued in 1976 when the FDA removed red dye #2 from its safe list. We somehow survived red-M&M-less until 1987 when they returned using red dye #40 (except in Europe, where that dye is banned; this should probably be of some concern to us, but that’s a topic for another day).

However, red candies are again on the chopping block in California, following the passage of AB 418 in 2023,1 which, beginning January 1, 2027, prohibits the sale of any food product containing any of the following: brominated vegetable oil, potassium bromate, propylparaben, and red dye #3.

Candies such as Skittles and Nerds contain red dye #3, as do pink and purple Peeps, certain chocolate milk products, and boxed cake mixes.2 The Environmental Working Group’s Eat Well Guide returns a list of around 3,000 products containing the dye.3 M&Ms do not appear on the list; however, Mars didn’t use red dye #2 in its red M&Ms, either, but discontinued them anyway to avoid consumer confusion.

The future of the red M&M again hangs in the balance. And if it’s discontinued, maybe Mars will just replace it with more blue ones.

Tribune: Bad tax joke(s) of the week

Thank you to everyone who sent in their tax jokes over the last several weeks. Here are a few final submissions from another Tribune reader, Tom K.:

Why did the accountant get into trouble at culinary school? He was cooking the books.

Why was the mullet being audited? Because he wasn’t up front with his business.

Why did the swimmer throw all his gear into the water? Because his accountant told him to pool all his resources.

We’ll wrap up our joke series on this April Fools’ Day Eve with a trip through the Tribune archives. Check out our 2021 article on a few tax-related pranks from years past.

Tribune: Statue of limitations: Measure twice, cut once

It’s just a statue commemorating probably the most beloved Los Angeles Lakers basketball player ever, no big deal.

After the February unveiling of a new statue dedicated to Kobe Bryant at Crypto.com Arena, someone finally took the time to read the various inscriptions on the base of the statue. It probably would have been easier to mark any edits using a program like Microsoft Word than applying red pen to polished granite, but the Lakers have announced they’re working on correcting the following:1

It’s supposed to be like that

Another [less costly] option would be to claim that the errors were made on purpose. The 2017 unveiling of a statue on the USC campus included verses from Hamlet and the playwright’s name: Shakespear.

When pressed on the missing final e, the university said they did it on purpose, citing the various spellings of the Bard’s name throughout the centuries, for example Shakspeare, Shakspere, Shaksper, Shackspeare, and Shagspere. They had chosen an older spelling on purpose, even though it was less common. (Sure [wink].)2

Tribune: “Nobody needs another foundation”

At first, Marlene Engelhorn just had “family money”; you, know, the kind you have when you’re a descendant of Friedrich Engelhorn, the man who started the German chemical company BASF. But when her grandmother passed away in 2022, she inherited €25 million.

Prior to the inheritance, she had already founded TaxMeNow, an initiative of wealthy people actively working for tax justice in Germany, Austria, and Switzerland. Frustrated that her inheritance wasn’t taxed (Austria eliminated its inheritance tax in 2008), she has chosen to give away the €25 million. A team of 50 individuals will decide what to do with the funds. The group was chosen through a statistical process to be representative of the overall Austrian population.

Engelhorn noted, “I’m just one brain, I’m just one person and so to me, this is a huge relief knowing that the process of redistribution is much more legitimate and thorough and democratic than I could ever do it. Nobody needs another foundation.”

Tribune: Bad tax joke(s) of the week

Here are a few more bad tax jokes for this week. The first comes from a reader who remembers hearing it from former Spidell speaker Steve Honeyman at a seminar years ago.

Two IRS agents are looking up at a flagpole, trying to figure how tall it is. Just then, two accountants are walking by and see the agents wondering how to measure the flagpole. The accountants walk up to the flagpole, take it out of the ground, and lay it on the ground. They measure the pole. They walk over to the IRS agents and say, "It’s 46 and 1/2 feet." Then the accountants walk away.

At this point one IRS agent says to the other, “Isn’t that just like an accountant? They told us how long it was and not how tall it was."

Did you hear about the CPA from Dallas who took on 100 new clients this year? He’s deep in the heart of taxes.

Did you notice that when you put the words “the” and “IRS” together, it spells “theirs”?

Tribune: Reflections on St. Patrick’s Day

Growing up in the Chicago area, I’ve always had fond memories of St. Patrick’s Day … and not all of them relate to the thousands of Irish bars that can be found in the Chicago area.

I remember working in an office that was located on the Chicago River and watching as the city “dyed” the river green for the day. However, to be honest, some years it was hard to tell the pre- and post-dye river apart. 

I also recall watching Jane Byrne, the city’s first female mayor, wearing a long green fur coat for the St. Patrick’s Day parade. Although I must confess when I did a Google search to try to find a picture of the coat, all that came up were stories about how she moved into Cabrini Green (one of Chicago’s infamous housing projects) as a way to improve public safety and investment in the area. The woman had chutzpah … but I digress.

But enough about my memories.  Here are some fun facts about St. Patrick’s Day:1

And what’s St. Patrick’s Day without a few Irish jokes (the clean ones)?2

And lastly, one of my favorite Irish sayings:

“May your day be touched by a bit of Irish luck, brightened by a song in your heart and warmed by the smile of the people you love.”

Tribune: Don’t blame me, it’s A.I.’s fault

It’s the dawn of artificial intelligence (or A.I. for short) and the beginning of the end of actual intelligence. Every industry is experimenting with and developing A.I. tools, but who’s to blame when A.I. screws up?

Recently, Air Canada tried arguing in a court of law that they weren’t liable for their customer service A.I. chatbot giving a customer incorrect information regarding its bereavement travel policies. Thankfully the court didn’t let Air Canada escape liability for its own creation.

But have no fear, there is sure to be endless creative legal arguments in this decade and the next as businesses try to automate and argue that it’s not their fault when their monster fails to deliver as promised. At the very least, it should provide some good reading (for those of us who still can).

How many of us have lamented the lack of decent help and the rise of the growing social media “influencer” army. An entire generation full of people sprinting into stupidity as fast as they can. Well, it won’t be long until skilled work is entirely automated. I am afraid that Mike Judge’s Idiocracy will become a reality, and much faster than the 500 years he predicted it would take.

Tribune: The last normal filing deadline

Remember April 15? It has gone the way of the 8-track, the VCR, the payphone, the McDLT, cursive, the horse as transportation, long-distance calling charges, bloodletting, smoking in a hospital … the list goes on.

Since winter storm disaster declarations are the new norm, it’s interesting to note that the last true April 15 filing deadline for many taxpayers, including nearly everyone in California, was the 2019 filing season (for 2018 returns).

We can feel the breeze from the collective sigh of relief emanating from our readers each time the deadline is postponed. Can Congress just get their act together and either stick to their promise of simplifying the tax code or push out the filing deadline by a month permanently? One can only dream.

 

Tribune: Bad tax joke of the week

How many accountants does it take to change a lightbulb? As many as it took last year.

Your tax jokes are better than ours, so please keep them coming! Reply to this e-mail to send us your favorites, and we’ll include them in a future Tribune issue.

Tribune: Did I just find the ultimate loophole?

I keep a four-panel cartoon pinned in my office with Snoopy sitting atop his doghouse at his typewriter telling the IRS that he’d like to cancel his subscription and to please remove his name from their mailing list.

While funny, merely asking to be removed from the IRS’s mailing list won’t work to get the IRS off your back. But, according to the Treasury Inspector General for Tax Administration,1 77,868 living taxpayers found the ultimate loophole: They found their way onto the IRS’s list of dead people. Well, that’s one way to get the IRS off your back.

This year, I’m celebrating the 25th anniversary of my first tax season in this industry. After 25 years, if I manage to find my way onto the IRS’s dead people list, I might just quietly retire to a log cabin on a trout stream as far away from a cell tower as I can get. If that proves too cold for this Southern California native, then a deserted tropical island is my fallback plan.

I wonder if helping clients “accidentally” get on the IRS’s dead list could be a new revenue stream for my practice. It can’t be too much different than advising clients on how to become California nonresidents, right?

Tribune: Follow-up on cannabis auction: If at first you don’t succeed, don’t try again

In case you couldn’t make it to the CDTFA’s first public auction featuring property seized during cannabis enforcement actions  (see “Make sure to set a repeated reminder about this upcoming event” in the February 11, 2024, issue of Tribune), here’s an update.

The good news for the CDTFA is that everything was sold – success! This included items like televisions, money-counting machines, paper shredders, and a snow cone machine.  All proceeds will be applied to the $14.4+ million in unpaid taxes from 10 Los Angeles-based cannabis operations.

The bad news is that the auction yielded a stupefying $2,075 (there are no missing digits between the dollar sign and the 2). What?! That means each of the cannabis operations gets a credit of only about $200.

Overall result: $14.4+ million in unpaid taxes.

Tribune: Guinness World Records waffles on Eiffel Tower model

In a dramatic reversal, Guinness World Records has updated its policy regarding matchsticks, which resulted in a new record-holder in the category “tallest matchstick sculpture.”1

The policy change came after Richard Plaud unveiled his 23.5-foot tall 1:45 scale model of the Eiffel Tower, which was built using over 700,000 matchsticks and validated by a surveying firm. Unfortunately, Guinness rejected the model when it discovered that Plaud had not used standard matchsticks like the ones purchased in a store. Instead, Plaud had contracted directly with a matchstick company to purchase matchsticks in bulk … without the flammable tip. Because his matchsticks didn’t contain the usual sulfur blob, they were ruled to be too different, and the model was disqualified.

However, days later, Guinness announced that it had “corrected some inconsistencies within our rules which now allow the matchsticks to be snipped and shaped as the modeller sees fit.”

Plaud’s Eiffel Tower was awarded the new record, ousting Toufic Daher of Lebanon, whose 6-million-match scale replica of the Eiffel Tower in Beirut stands around 21.4 feet.

Tribune: Bad tax joke of the week

Do you know why Sherlock Holmes never had to pay income taxes? Brilliant deductions!

Your tax jokes are better than ours, so please keep them coming! Reply to this e-mail to send us your favorites and we’ll include them in a future Tribune issue.

Tribune: Bitcoin bather sentenced

Last year, we covered the case of the Harmon brothers,1 whose darknet crypto mixing business was shut down for money laundering. The IRS had seized various assets, including a cryptocurrency storage device that the IRS was not able to crack the password for.

However, one of the brothers was able to recover $4.9 million in bitcoin (now worth over $20 million) from that cryptocurrency account because he knew the password, which allowed him to transfer the cryptocurrency from the seized account to his own wallet. Naturally, one of the first things he did (after further laundering the recovered bitcoins) was visit a nightclub, fill a bathtub with cash, and take a bunch of selfies.

Update: He was sentenced to four years for stealing over 712 bitcoins that were the proceeds of the darknet bitcoin mixer and subject to forfeiture in the then-pending criminal case against his brother.2

Mix master

Crypto mixing, or crypto tumbling, mixes potentially identifiable or "tainted" cryptocurrency funds with others to hide the fund’s original source.3 Funds from multiple sources are pooled together for a random period of time, and then they are redistributed at random times, making it difficult to trace the cryptocurrency’s source.

Mixing helps protect and maintain the privacy of using cryptocurrency. But due to its involvement in illegal activities, and because mixing services have been known to steal coins during the mixing process, many have suggested that mixing services be criminalized.

Tribune: You deserve a break today

Last year, a McDonald’s franchisee in Louisville got busted for violating federal labor laws after the Labor Department discovered that two ten-year-old children were employed, who sometimes worked as late as 2 a.m. and who were not paid.1

After digging deeper, it turned out the two ten-year-olds had come to work with their parent, who was one of the night managers. However, management had not approved the children to be in the employee parts of the restaurant where the deep fryers, grills, and ovens are.

Not-so-happy meal

A child operating the deep fryer may explain another McD’s mishap. A McDonald’s in Florida was sued for serving excessively hot food, but this time instead of coffee, it was a 200-degree chicken McNugget.2 The McNugget was part of a happy meal order that landed in the lap of a four-year-old, who dropped the McNugget onto her bare leg, where it left a second-degree burn. The family was awarded $800,000.

The infamous “hot coffee case” involved 79-year-old Stella May Liebeck, who spilled an entire cup of McDonald’s coffee into her lap, resulting in third-degree burns. To cover medical expenses and lost wages for her daughter (who cared for her during her initial three-week recovery from the skin grafting process), Liebeck sought to settle for $20,000. McDonald’s refused, and offered $800. When Liebeck sued, a jury awarded her $200,000 in compensatory damages and $2.7 million in punitive damages. A judge reduced these amounts to $160,000 and $480,000, respectively, and both parties appealed, settling out of court for an undisclosed amount.

Tribune: Bad tax joke(s) of the week

Your tax jokes are better than ours, so please keep them coming!  Here are a few that you submitted this week.

My friend bought a 12-inch ruler and asked me if he could deduct it for tax purposes. I told him not any longer.

My friend asked if I could help him get a tax deduction by delivering a bunch of old magazines to the local Goodwill. I told him that I couldn’t because of back issues.

Every year my friend asks if he can deduct the cost of his jogging shoes for tax purposes. It’s a running joke.

Reply to this e-mail to send us your favorites and we’ll include them in a future Tribune issue.

Tribune: I’m not a CEO, I just play one on TV

Actor Stephen Harrison has issued an apology to the investors who lost an estimated $1.3 billion in the HyperVerse cryptocurrency Ponzi scheme.1

Harrison was hired as a “corporate presenter,” which his agent explained to him was simply acting out a role to represent a business. He became suspicious after reading the scripts for the videos, but after doing some online searches he felt “everything seemed OK, so I rolled with it.”

During recording, he was asked to use the name Steven Reece Lewis. In the videos, Harrison talked about investment opportunities with HyperVerse. The final version of the videos referred to him as CEO, and also included his “credentials”: degrees from Leeds and Cambridge universities and more than 10 years of experience in the fintech industry. The problem was, neither university nor any fintech firms had ever heard of Steven Reece Lewis, which piqued the interest of the SEC.

As part of his apology, Harrison made it clear that he had not benefited in any way from the scheme itself; he was paid around $5,000 for his performance and given a free wool and cashmere suit, two business shirts, two ties, and a pair of shoes.

Crypto scheme losses

Generally, if a cryptocurrency drops in value and the investor experiences a loss, the investor can sell the poorly performing cryptocurrency and offset other gains, or if the losses exceed gains, take a deduction of up to $3,000 per year until the loss is used up.2

However, in order to take a capital loss, the investor must sell or exchange the asset.3 This is impossible when an exchange files for bankruptcy, shuts down, and all trades are halted.

Further, although the IRS has stated that cryptocurrency is property, federal law has still not addressed whether cryptocurrency is treated as a commodity or a security.4 This means that the deduction for worthless stock does not currently apply.5 Plus, bankruptcy doesn’t automatically mean the total debt is worthless, so any bad debt deduction would have to wait until the loss is certain.6

In order for the theft-loss Ponzi scheme rule to come into play, the investor would have to prove that the exchange had an intent to bilk the investors out of their money.7

Tribune: Update: What happens when you take the money and run?

Two years ago, we brought you the story of Jens Haaning, the Danish artist who received the equivalent of $84,000 from the Kunsten Museum of Modern Art in Aalborg, Denmark. The museum was expecting Haaning to create artwork incorporating the money into the design. Instead, he submitted two blank canvases titled “Take the Money and Run” and pocketed the cash.

Haaning took the money, but was he able to run? That all depends on your perspective. The museum filed a civil suit against him, and in September 2023 the court ruled that he had to return the money — most of it, anyway. According to the BBC,1 Haaning returned nearly $72,000, but was allowed to keep the balance to cover the cost of mounting the canvases and an “artist’s fee.” All in a day’s work (or not, as the case may be).

Other art oddities

Unusual art can be sold anywhere, of course. CBS News2 brings us the following highlights:

Tribune: Bad tax joke of the week

What does the pessimistic accountant think?  It’s accrual world.

We’re hoping you know better jokes than that one! We’ve been on the hunt for good tax jokes to share in the run up to April Fools’ Day, but so far we’ve come up empty. Reply to this e-mail to send us your favorites, and we’ll include them in a future Tribune issue.

Tribune: Eureka 2.0!

If you’re already making plans for your summer vacation, here’s something to add to the mix: gold prospecting in California’s El Dorado County. Talk about some real and raw fun! You’ll be taking advantage of what’s known as “Gold Rush 2.0,” which is a result of the unusually wet winter and deep snowpack that brings cascading water and all the materials, like gold, that come with it. According to Mark Dayton, a metal detector expert, “It’s one of those 100-years events … material [gold] is being ripped literally right off the walls of the creeks as they reshape themselves.”1 Yikes! Maybe we can all go on vacation AND make money too!

But hold on, this is California, so there are a lot of regulations specific to different regions. For example, some areas only allow for panning – or hands-and-pans – which means you can’t use a shovel to dig. At state parks, you’re only allowed to gather up to 15 pounds of mineral material per day, which can’t be sold or used commercially for profit (so much for making money). There’s also sniping and sluicing. Sniping involves lying down in a creek bed and prying gold out from the bedrock (this qualifies as working on your vacation, which is a big no; also, the water is probably freezing because it’s from the snowpack; a tropical beach vacation is sounding better).

Prospectors can stake a claim on public lands, however, but before doing so, they must check for prior claims and abide by the “Detecting Mining Code of Ethics.” Uh-oh, due diligence. That means there’s a whole list of practices you need to adhere to, like “leaving as little sign of your passing as possible,”2 and reporting all finds to landowners (umm, so we have to split?).

Panning and sluicing will reportedly be best in June once the water levels go down and drowning is less likely, so plan accordingly. There are some five-star reviews for campgrounds in the area, which is promising, although nothing that would qualify as “glamping,” so count me out. Plus there are bears in the campground that reportedly don’t like to interact with people and because I qualify as a person, that’s also a negative. I’m thinking the tropical beach wins my vote.

Tribune: A stock surge or just a [sic] joke?

If you’re in the business of putting words (or numbers) out into the world, there will inevitably come the time when a typo slips through. Recently, ridesharing heavyweight Lyft proved that it’s not too big to fail when it released an earnings report that contained an extra zero.

The initial report said Lyft’s adjusted earnings before interest, tax, depreciation, and amortization (or EBITDA1) margin as a percentage of bookings could expand by 500 basis points in 2024, or 5%. In response, shares went up as much as 66% to $20.04 per share. The excitement was short-lived when it was announced that in fact the margin is actually forecasted to expand by only 50 points, or 0.5%. Share price dropped but still netted a $2 per share increase overall.

(As a side note, Lyft has not yet turned a profit, a milestone that its rival Uber only reached for the first time in 2023 since it went public.)

Karma’s a botch

We have an unspoken rule at Spidell: Don’t laugh and snark and smirk when a competitor prints a typo because we have been in the same position. This author remembers not long after starting at Spidell (as a copyeditor), the California Taxletter went to print misspelling then-Governor Schwarzenegger’s last name. (I’m too embarrassed to even attempt to hunt down that issue, circa 2007.)

But at least we are not alone. In searching for the comfort of others’ mistakes, I found the following grave errors:2

  1. The 1631 “wicked Bible” included the commandment “Thou shalt commit adultery.”
  2. The 1934 edition of Webster’s Dictionary included the mysterious entry “Dord.” This was eventually traced to an editor’s note that the word “density” could be uppercase or lowercase: D or d.
  3. The British paper The Guardian was so famous for misprints that it became known as “The Grauniad.”
  4. The iron content of spinach is somewhat of a myth, based on a typo in 1870 indicating that it has 35 grams of iron, rather than 3.5 grams per 100 grams of spinach.
  5. A craftsman working on the Lincoln Memorial would have appreciated the Ctrl+Z function after carving “euture” instead of “future.” The offending bottom bar has since been filled in.

Tribune: IRS communicating with taxpayers via fortune cookies

In an effort to reach more taxpayers, the IRS’s Tax Outreach, Partnership and Education team is partnering with fortune cookie companies to turn dessert into an opportunity to provide tax information.

“Now when people go into a Chinese restaurant, and they open up their fortune cookie, they not only can get a fortune, but they get some tax advice as well,” Derek Ganter, director of stakeholder liaison at the Internal Revenue Service, said Thursday at a conference in Las Vegas.

The fortune cookie messages will include things like reminders about deadlines. Spidell editors immediately offered the following suggestions:

Let us know if you have any fortune cookie suggestions for the IRS by replying to your Tribune e-mail.

Tribune: IRS Roadmap

So…the IRS’s Taxpayer Advocate service has published an online interactive map of the IRS’s internal operations. And holy cow! This mall map from hell looks like it comes from the Hitchhiker’s Guide to the Galaxy (the 2005 remake starring Martin Freeman, not the actual book). To help you visualize, I’ve included a small version of the map here. For the full experience, the map can be found here: https://www.taxpayeradvocate.irs.gov/get-help/roadmap/?notice=29179.

The Taxpayer Advocate is really not doing the IRS any favors, considering snarky individuals (like me) who may (fairly or unfairly) seek to compare IRS employees to Vogons, who are described by the Hitchhiker’s Guide to the Galaxy as:

Not actually evil, but bad-tempered, bureaucratic, officious and callous. They wouldn’t even lift a finger to save their own grandmothers from the Ravenous Bugblatter Beast of Traal without orders – signed in triplicate, sent in, sent back, queried, lost, found, subjected to public inquiry, lost again, and finally buried in soft peat for three months and recycled as firelighters.

Well, if that doesn’t provide a description of what this map looks like, as well as this practitioner’s personal experience trying to call or paper-file anything with the IRS, then I don’t know what does!

TGIF Mozzarella sticks bag

Tribune: Make sure to set a repeated reminder about this upcoming event

If you’re close to Los Angeles on February 16, whatever you do, don’t forget to set an alarm on your phone to remind yourself of the “first of its kind” public auction for property seized during cannabis enforcement actions.1 So kewl!

The auction is being held by the CDTFA and will feature items seized from search warrants to collect taxes from nine illegal cannabis businesses and one legal dispensary that didn’t pay their taxes. According to the CDTFA, 10 Los Angeles-based operations owe in excess of $14.4 million in unpaid taxes, and the CDTFA has seized almost $90 million in cash and products from businesses.2 Mind blown!

Prospective bidders should check out some of the paraphernalia:

I will personally be bidding on the conveyor belt and the snow cone machine. The snow cone machine gives new meaning to the idea of “deliverables” – maybe it was the most fanciful execution of delivered edibles. Bruh!

And who wouldn’t want a conveyor belt?! All I can think of is Lucy and Ethel in front of a conveyor belt popping candy into their mouths because they can’t keep up with the speed of what’s happening.3 Except in 2024, the candy would be replaced with edibles. Sick!

Bidding starts at 10 a.m., so don’t be late. Bring cash, money orders, or cashier’s checks. See you there … unless it rains, or it’s too cold because it’s below 75º, or something else comes up.

Tribune: Super Bowl 2024: chicken wings vs. avocados

The 2024 Super Bowl champion is almost in the books, and while the main event will captivate every San Franciscan and Swiftie, the rest of us are there for the food.

This year, fans are expected to consume:1

In preparation for the Big Game, avocado harvesting begins in January in Michoacan and Jalisco, Mexico, in order to move the volumes of avocados required for gameday guacamole.

According to the USDA’s weekly perishable produce report,2 81% of all avocados eaten in the U.S. come from Mexico and the Super Bowl accounts for 20% of annual sales of avocados. The report noted, “When it comes to increased sales, avocados are the real Super Bowl champion.”

But the true winner is the chicken wing. According to the National Chicken Council, Americans will consume 1.45 billion chicken wings on Super Bowl Sunday.3 To put that number in perspective:

Time to buy stock in wet naps.

Tribune: Tax snax

Last week, we asked what your go-to tax season treats are, and the results are in: