


Ask the community...
One resource nobody's mentioned yet is the IRS's own Cumulative Bulletin and Internal Revenue Bulletins. They publish revenue rulings, procedures, and announcements that often clarify the code and regs. You can find them free on irs.gov by searching "IRB" and the relevant year. Also, for tax court cases, don't sleep on Google Scholar. Just go to scholar.google.com, select "Case law" instead of articles, and search terms plus "tax court". It's surprisingly comprehensive and totally free. My personal workflow is: 1. IRS pubs for overview 2. Cornell Law for code sections 3. Google Scholar for cases 4. Revenue Rulings/Procedures for IRS interpretations
This is super helpful, especially the Google Scholar tip! I hadn't thought of using that for tax research. Do you find the search results are accurate or do you get a lot of unrelated cases to sort through?
Google Scholar works surprisingly well if you use specific terms. For instance, instead of searching "business expenses tax court," try "ordinary and necessary 162(a) tax court" to get more relevant results. You'll still get some unrelated cases, but far fewer than a general search. I usually add the specific code section in my search along with any technical tax terms. If you're looking for cases on a particular issue, adding terms like "held that" or "we conclude" can help find cases where the court actually made a ruling on your issue rather than just mentioning it in passing.
Is anyone using Westlaw or LexisNexis for tax research? My friend has access through his job and says they're the best for finding relevant cases, but they're crazy expensive for individuals. Wondering if they're worth trying to get access to somehow.
Westlaw and LexisNexis are industry standards for a reason - they have excellent search capabilities and organizing features. But they're prohibitively expensive for most individuals unless you have access through work or school.
For the inherited annuity question - make sure you check if the annuity was a qualified or non-qualified annuity. This makes a HUGE difference in how it's taxed. Qualified annuities are purchased with pre-tax money (like in an IRA or 401k), so distributions are fully taxable. Non-qualified annuities are purchased with after-tax dollars, so only the earnings above what your mom paid into it (the basis) should be taxable. The trickiest part with inherited annuities is that the insurance company often doesn't know what the original owner paid in, so they put the full amount as taxable. But you can contact them and ask for the "cost basis information" - sometimes they have it but just don't put it on the 1099-R automatically.
Thanks for that info! I called Prudential and they were actually able to find the original basis amount my mom paid into the annuity. It was around $41,000, which means only about $26,800 should be taxable instead of the full amount. They're sending me a corrected 1099-R. One question though - do I need to file any special forms with my tax return to show this calculation or will the corrected 1099-R be enough?
The corrected 1099-R should be sufficient for your tax return. When you get it, Box 2a (the taxable amount) should show the approximately $26,800 figure instead of the full distribution amount, and Box 2b should be unchecked to indicate that the taxable amount is determined. No additional forms are typically required for reporting this on your personal tax return. TurboTax will properly handle this once you enter the corrected 1099-R information. Just be sure to wait for that corrected form before filing your taxes, and keep a copy of both the original and corrected 1099-R for your records in case of any questions later.
Has anyone had experience with the 10-year rule for inherited annuities? My spouse inherited an annuity and we're trying to figure out if we need to take all the money within 10 years or if different rules apply for non-spouse beneficiaries?
The 10-year rule usually applies to inherited IRAs and qualified retirement plans under the SECURE Act, not typically to non-qualified annuities (which is what the original poster seems to have). For non-qualified annuities, beneficiaries generally have options like taking a lump sum (which is what OP did), annuitizing the payments, or in some cases taking distributions over their life expectancy.
I just want to add that my dad went through something similar with a GoFundMe after his house burned down. His accountant told him to keep VERY detailed records of: 1) The total amount received from crowdfunding 2) All expenses paid using those funds 3) What category each expense falls into (medical, housing, etc) The accountant said that while the funds themselves aren't taxable as income, having this documentation is essential if you're ever questioned about it. Keep screenshots of the crowdfunding campaign total and donor list if possible.
Thank you for this practical advice. I've been saving receipts but I hadn't thought about organizing them by category or keeping screenshots of the campaign itself. Did your dad's accountant recommend any specific way to document that the expenses were paid specifically from the crowdfunding money versus regular income? Should I have set up a separate bank account just for these funds?
My dad actually didn't set up a separate account, and his accountant said that was his biggest mistake. She strongly recommended having a dedicated account for crowdfunding money to create a clear paper trail. It doesn't have to be anything fancy - even just a free checking account where you deposit all the crowdfunding money. That way, if you're ever audited, you can clearly show the money coming in from crowdfunding and then going out for qualified expenses. Without that separation, it gets really muddy trying to prove which dollars went to which expenses. If possible, I'd recommend transferring the funds to a separate account now and using that for all remaining expenses.
Has anyone here actually been audited specifically about crowdfunding money? I'm in a similar situation but for my husband's accident, and I'm getting conflicting advice from friends.
I wasn't audited for crowdfunding specifically, but I did get flagged for an audit the same year I received about $35k from a GiveForward campaign (similar to GoFundMe) for my son's medical treatment. When I showed the IRS agent my documentation proving it was a medical crowdfunding campaign, they immediately marked that portion as non-taxable and moved on to examining my other income. They didn't question it at all once they saw what it was.
Another option is to just do a "dry run" through the actual filing process with whatever tax software you use. I do this every January as soon as I get my W-2 - just complete everything in TurboTax but don't submit. It shows your refund amount updating in real-time as you enter info. Then I know exactly what to expect and can budget accordingly.
Doesn't that mean you have to pay for the tax software twice? Once for the estimate and once for actually filing?
No, you don't have to pay twice. With most tax software, you only pay when you actually file. You can go through the entire process, see your refund amount, and then just save your progress. When you're ready to file for real, you just pick up where you left off and submit. Some software even lets you create multiple scenarios without charging you. I've done this with TurboTax where I tried different filing statuses to see which gave a better refund before deciding which one to actually use.
Don't forget to check if you qualify for free filing! If your income is under $73,000, you can use IRS Free File. A lot of people end up paying for tax software when they could've filed for free.
Free File is great in theory but sometimes those "free" options hit you with fees at the last minute for state filing or certain forms.
Victoria Scott
Here's exactly how to fix this in most tax software: 1. Find the section for capital gains / Schedule D 2. Look for Form 8949 adjustments or "adjust basis" 3. For the shares sold, enter adjustment code "B" 4. Calculate your adjustment amount: (FMV at exercise - original option price) Ć number of shares sold 5. Make sure the new adjusted basis matches FMV at exercise Ć shares sold This brings your cost basis up to the FMV at exercise, which is what you already paid ordinary income tax on (reported on your W-2). Without this adjustment, you're paying tax twice on the same income.
0 coins
Benjamin Johnson
ā¢Thank you for these clear steps! Quick question - if my shares were sold at slightly different prices throughout the day (not all exactly at the FMV at exercise), does that change how I should calculate the adjustment?
0 coins
Victoria Scott
ā¢No problem! If your shares were sold at slightly different prices throughout the day, that doesn't change how you calculate the basis adjustment. The adjustment is still (FMV at exercise - original option price) Ć number of shares sold. The selling prices will determine if you have any additional short-term capital gain or loss after the adjustment. For example, if FMV at exercise was $106.63, but some shares sold for $106.80 and others for $106.40, you'd have a small gain on some and small loss on others. But the basis adjustment calculation is the same regardless of the actual sale prices.
0 coins
Zara Perez
I have a slightly different situation - I exercised my NQSOs last year but held onto the shares instead of selling. Will I still need to make adjustments to my cost basis when I eventually sell? My broker is showing the original grant price as my basis.
0 coins
Sophia Clark
ā¢Yes, you'll absolutely need to make the same type of adjustment when you eventually sell. The key is that when you exercised the options, you already paid ordinary income tax on the spread between your grant price and the FMV on exercise date. That spread was included in your W-2 income for the year you exercised. Your new cost basis becomes the FMV on the date you exercised, not the original grant price. When your broker issues a 1099-B after you sell, they'll likely show the original grant price as your basis, so you'll need to make that same Form 8949 adjustment to avoid being taxed twice on the same income. Keep good records of your exercise date and the FMV on that date!
0 coins