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No Deduction for House Donated to Fire Department

This item discusses the determination of the amount of the charitable deduction for the donation of a house to a fire department that intends to use the house for training exercises—including burning it to the ground.

IRS Guidance on FSA and HSA Reimbursements for OTC Drugs

The IRS has issued guidance implementing the Patient Protection and Affordable Care Act’s prohibition on reimbursement of the cost of over-the-counter drugs by HSAs, HRAs, Archer MSAs, and FSAs, which allows reimbursement for an OTC drug only if the individual has a prescription for the drug.

Planning for the New Medicare Taxes

The recently passed 2010 health care reform legislation added two additional Medicare taxes intended to help pay for the new legislation. This item looks at the details of both the 3.8% investment income tax and the 0.9% hospital insurance tax increase and reviews some of the effects they will have on estimated taxes and tax planning.

Classification as a Statutory Employee

Statutory employee status may be beneficial for both an employee and his or her employer; however, an employee must meet specific requirements to qualify as a statutory employee. This article discusses the rules regarding statutory employee status set out in the Code and the regulations and how these rules have been interpreted by the IRS and the courts.

Tax Court Again Holds That Innocent Spouse Relief Limit Is Invalid

Despite being overruled by the Seventh Circuit in an earlier case, the Tax Court has again held that the regulatory two-year limitation period for filing a claim for equitable innocent spouse relief under Sec. 6015(f) is invalid. This item assesses the Tax Court’s arguments in Hall, 135 T.C. No. 9 (2010).

Individual Taxation Report: Recent Developments

This article covers recent developments affecting the taxation of individuals, including health care reform and other legislation, regulations, cases, and IRS guidance. The items are arranged in Code section order.

Maximizing the Use of the Special $25,000 Rental Real Estate Loss Allowance

Even though rental income or loss is generally passive, a special rule allows qualifying individuals and estates to offset up to $25,000 of nonpassive income with rental real estate losses and credits. This column describes the criteria needed to qualify for the $25,000 deduction.