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  #6  
Old 09-21-2008, 04:58 PM
Harlan Lunsford
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Default Re: Questions on Schedule A Tax Deductions

JoeSixPack wrote:
- quote -

> "Paul Thomas, CPA" <paulthomascpapc[at]bellsouth.net> wrote in message
> news:ZbTzk.34423$XT1.5281[at]bignews5.bellsouth.net...
> > > > > You have to draw lines somewhere. That's where Congress drew the line

> > this time.
> > At one time, eons ago it seems, they allowed deductions for taxes on
> > tobacco products and other items.

> ==============
> At one time you could even deduct liquor tax if the tax was levied in a
> certain way; i.e. on the consumer rather than the seller.
> Another favorite was the "pole" tax. There used to be a $ 1.50 State
> and 25¢ county poll tax in Texas.


Are you speaking of deducting liquor tax on the federal return? If so,
how long ago WAS that? Sounds like before my time.

ChEAr$,
Harlan Lunsford, EA n LA

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #5  
Old 09-20-2008, 11:34 PM
JoeSixPack
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Posts: n/a
Default Re: Questions on Schedule A Tax Deductions


"Paul Thomas, CPA" <paulthomascpapc[at]bellsouth.net> wrote in message
news:ZbTzk.34423$XT1.5281[at]bignews5.bellsouth.net...
- quote -

> You have to draw lines somewhere. That's where Congress drew the line
> this time.
> At one time, eons ago it seems, they allowed deductions for taxes on
> tobacco products and other items.

==============
At one time you could even deduct liquor tax if the tax was levied in a
certain way; i.e. on the consumer rather than the seller.
Another favorite was the "pole" tax. There used to be a $ 1.50 State and
25¢ county poll tax in Texas.

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #4  
Old 09-16-2008, 10:15 PM
Mark Bole
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Posts: n/a
Default Re: Questions on Schedule A Tax Deductions

Alan wrote:

- quote -

> > > Line 7 has a deduction for Personal Property Taxes. Reading the
> > > instructions, I don't see any requirement that you be the owner of
> > > the property. [...]


> > You are confusing Line 7 personal property with Line 6, real estate
> > taxes. The instructions for line 6 do state you have to own the
> > property.

[...]

- quote -

> This came up in another thread relating to real property taxes. I stated
> then that there is a general rule (I don't have the citation) that says
> a taxpayer can not take a deduction for the payment of the expenses of
> another individual unless specifically identified in the code. E.g.,
> medical expenses incurred for a dependent or spouse. Basically, the
> expense must be incurred for the taxpayer's benefit or originate from
> that taxpayer's obligation. It's one of the disallowance rules.


Thanx for the clarification. I was agreeing with OP about what the
instructions in the IRS pub said, but it wouldn't occur to me to deduct
the tax on property not also owned.

I am also aware of the issues of equitable ownership vs. legal
ownership, I think that came up in the same earlier thread. I suppose
that would apply to personal property tax as well as real property tax.

http://www.taxalmanac.org/index.php/...cial_Ownership

-Mark Bole

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #3  
Old 09-16-2008, 09:41 PM
Alan
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Posts: n/a
Default Re: Questions on Schedule A Tax Deductions

Mark Bole wrote:
- quote -

> nish wrote:
> > > Line 7 has a deduction for Personal Property Taxes. Reading the

> > instructions, I don't see any requirement that you be the owner of the
> > property. If you simply live in a residence owned by another person,
> > and you personally pay the property tax, can you claim it as a
> > legitimate deduction?

> You are confusing Line 7 personal property with Line 6, real estate
> taxes. The instructions for line 6 do state you have to own the property.
> Personal property tax, on line 7, is ad valorem tax such as the portion
> of your vehicle registration that is based on the value of your vehicle.
> You're right, the instructions don't specify you have to own the property.
> -Mark Bole

This came up in another thread relating to real property taxes. I
stated then that there is a general rule (I don't have the
citation) that says a taxpayer can not take a deduction for the
payment of the expenses of another individual unless specifically
identified in the code. E.g., medical expenses incurred for a
dependent or spouse. Basically, the expense must be incurred for
the taxpayer's benefit or originate from that taxpayer's
obligation. It's one of the disallowance rules.

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #2  
Old 09-16-2008, 08:29 PM
Mark Bole
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Posts: n/a
Default Re: Questions on Schedule A Tax Deductions

nish wrote:

- quote -

> Line 7 has a deduction for Personal Property Taxes. Reading the
> instructions, I don't see any requirement that you be the owner of the
> property. If you simply live in a residence owned by another person, and
> you personally pay the property tax, can you claim it as a legitimate
> deduction?


You are confusing Line 7 personal property with Line 6, real estate
taxes. The instructions for line 6 do state you have to own the property.

Personal property tax, on line 7, is ad valorem tax such as the portion
of your vehicle registration that is based on the value of your vehicle.
You're right, the instructions don't specify you have to own the property.

-Mark Bole

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #1  
Old 09-16-2008, 08:13 PM
D. Stussy
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Posts: n/a
Default Re: Questions on Schedule A Tax Deductions

"nish" <nisha[at]nunya.org> wrote in message
news:2t-dnUWFgoq_01LVnZ2dnUVZ_jOdnZ2d[at]giganews.com...
- quote -

> Schedule A for Itemized Deductions contains lines for claiming state and
> local income taxes, or general sales tax. Is there any way to get any
> compensation for sales tax if you are claiming the state income tax?

It's
> a shame if no, since in some states the tax burden is heavy for both

income
> tax and sales tax. In effect there is a kind of discrimination at work

on
> this form against the resident of any state that balances the tax burden
> across income tax and sales tax.


No. It's one or the other. It was added to try to create some parity for
those states where there is no state income tax. However, you're free to
claim whichever of these two items is more.

- quote -

> Line 7 has a deduction for Personal Property Taxes. Reading the
> instructions, I don't see any requirement that you be the owner of the
> property. If you simply live in a residence owned by another person, and
> you personally pay the property tax, can you claim it as a legitimate
> deduction?


No. You cannot deduct someone else's property tax. You may also have a
gift tax issue should the amount be over $12k.

- quote -

> And in the big picture, I guess none of these deductions mean a whole lot
> anyway, since they get backed out in the Form 6251 AMT calculation?


It means alot to those NOT subject to AMT.

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
 
Old 09-16-2008, 06:52 PM
Paul Thomas, CPA
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Default Re: Questions on Schedule A Tax Deductions


"nish" <nisha[at]nunya.org> wrote
- quote -

> Schedule A for Itemized Deductions contains lines for claiming state and
> local income taxes, or general sales tax. Is there any way to get any
> compensation for sales tax if you are claiming the state income tax?
> It's a shame if no, since in some states the tax burden is heavy for both
> income tax and sales tax. In effect there is a kind of discrimination at
> work on this form against the resident of any state that balances the tax
> burden across income tax and sales tax.




You have to draw lines somewhere. That's where Congress drew the line this
time.
At one time, eons ago it seems, they allowed deductions for taxes on tobacco
products and other items.
One day, years from now, we'll stand in awe of the deductions that were
allowed and the credits that were available in 2007, and we'll proclaim
these years "the good old days".







- quote -

> Line 7 has a deduction for Personal Property Taxes. Reading the
> instructions, I don't see any requirement that you be the owner of the
> property. If you simply live in a residence owned by another person, and
> you personally pay the property tax, can you claim it as a legitimate
> deduction?



Not for federal purposes. You have to own the property and be liable for
the tax to be able to deduct it.
Some states allow a deduction, as a percent of rent paid, toward a property
tax credit or deduction.
But to deduct that, you have to have made the rent payment and not just
lived there with a friend.





- quote -

> And in the big picture, I guess none of these deductions mean a whole lot
> anyway, since they get backed out in the Form 6251 AMT calculation?




Maybe.

They mean a lot to those who AMT does not impact.




--
Paul A. Thomas, CPA
Watkinsville, Georgia

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #-1  
Old 09-16-2008, 06:35 PM
nish
Guest
 
Posts: n/a
Default Questions on Schedule A Tax Deductions

Schedule A for Itemized Deductions contains lines for claiming state and
local income taxes, or general sales tax. Is there any way to get any
compensation for sales tax if you are claiming the state income tax? It's
a shame if no, since in some states the tax burden is heavy for both income
tax and sales tax. In effect there is a kind of discrimination at work on
this form against the resident of any state that balances the tax burden
across income tax and sales tax.

Line 7 has a deduction for Personal Property Taxes. Reading the
instructions, I don't see any requirement that you be the owner of the
property. If you simply live in a residence owned by another person, and
you personally pay the property tax, can you claim it as a legitimate
deduction?

And in the big picture, I guess none of these deductions mean a whole lot
anyway, since they get backed out in the Form 6251 AMT calculation?

nish

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
 

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