That's a Lot of Gravy!

Back in 1621, a group of hardy Pilgrims sat down for a three-day festival of thanksgiving to celebrate surviving plague, starvation, cold, scurvy, Indian attack, and all the other obstacles that made life in the "new world" so delightful. They feasted on game birds, flint corn, venison, eels, shellfish, and native vegetables including beans, turnips, carrots, onions, and pumpkins. (No butter or flour, though, which meant no pumpkin pie. And aren't you glad we remember them now for turkey instead of eels?)

242 years later, President Abraham Lincoln proclaimed the first "official" Thanksgiving — a national day of "Thanksgiving and Praise to our beneficent Father who dwelleth in the Heavens." Since then, it's become one of America's favorite holidays, a four-day weekend of friends and family without the Christmas-season hype.

You know who else loves Thanksgiving? Our friends at the IRS, of course. That's because they get to stuff themselves with taxes on everything connected with our celebration!

• Sales taxes on turkey and trimmings pile up like calories on your plate. The American Farm Bureau Federation reports that the average 16-pound turkey will cost $21.76 this year. At an average 7.25% combined state and local sales tax, that makes $1.58 in tax for the bird alone. Throw in some potatoes, stuffing, cranberry sauce, Aunt Edna's special green bean casserole, and the obligatory pumpkin pie, and the taxes alone could feed a hungry diner any other day of the year.
  
• Sales and excise taxes on beer, wine, and liquor are even higher than on food. Taxes make up 33% of the total cost of a bottle of wine, 44% of the total cost of a case of beer, and even more for the bourbon in Uncle Harry's old fashioned.
• What Thanksgiving would be complete without traveling over the river and through the woods? Here's where Uncle Sam really cleans up. Gas taxes average 49.5 cents per gallon. If you're traveling farther, the taxes on a $376 average plane ticket include a $28.20 federal excise tax, a $3.90 flight segment tax, a $4.50 passenger facility charge, and a $10 "September 11 Security Fee." (That's before you pay even more to check your bag, board early to snag space in an overhead bin, or claim an extra three inches of legroom!) The hotel tax on an average $95.61 room runs $13.12. Oh, and if you're renting a car, plan on another 13.21% tax there. Now you know why the IRS says "cha-ching" when you sing "to Grandmother's house we go!"

All told, Uncle Sam and his colleagues in state and local tax departments take in $3.6 billion in Thanksgiving taxes. That's enough to buy 165 million turkeys — enough to feed every man, woman, and child in America, with plenty left over for sandwiches.

This Thanksgiving season, you're probably not setting a place at the table for Uncle Sam. We can't do much about the tax you'll pay on your celebration. But we can help you with the tax you'll pay on the income you earn to pay for it. So don't be a turkey — call us now for the plan you need, and next year you'll really have something to give thanks for!

What's In A Name?

In Shakespeare's most recognized tragedy, the star-crossed lover Juliet asks "What's in a name? That which we call a rose by any other name would smell as sweet." Now, that may have been true back in Juliet's day. But is it still true now in today's era of celebrity branding?  Here's the deal. Back in 2009, executors for the King of Pop, Michael Jackson, filed an estate tax return reporting the value of his assets at his death. Jackson had been famously extravagant during his life, blowing through hundreds of millions in earnings and borrowing hundreds of millions more. His 2,600-acre "Neverland" ranch in Santa Barbara that included two railroads, a petting zoo, and a Ferris wheel reportedly cost $2.5 million per month to maintain. He spent millions more on travel, entertainment, antiques, and paintings. And feeding "Bubbles," his pet chimpanzee, couldn't have been cheap, either.  You would expect his estate to be pretty impressive, right? So, what was his "final score" as reported on Form 706 "United States Estate (and Generation-Skipping Transfer) Tax Return"? A mere $7 million. What's even more incredible, the executors valued Jackson's name and likeness at just $2,105. (Where did the $5 come from, anyway? Why not $2,104, or $2,106?)  Now, that may not be as ridiculous as it first seems — "Jacko" was in debt up to his eyeballs for much of his life, and he may have owed as much as $500 million at his death. But $7 million still seems a little light for an estate that earned $160 million in 2012 alone. Jackson's estate has actually earned more since his death than any living entertainer during that same time!  Our friends at the IRS thought that valuation was (wait for it . . .) bad. On July 26, they told Jackson's executors that their number was $1.1 billion, including a whopping $434 million for his name alone. Since they don't stop 'til they get enough, the IRS promptly billed the estate for an additional $505.1 million in tax, and added a $196.9 million undervaluation penalty as well!  Not surprisingly, Jackson's estate told the IRS to beat it. A spokesman said the IRS's valuation was "based on speculative and erroneous assumptions unsupported by facts or law," and added that the estate had already paid over $100 million in income taxes. And now they wanna be starting something in the U.S. Tax Court. They've filed Estate of Michael J. Jackson, Deceased, John G. Branca, Co-Executor and John McClain, Co-Executor v. Commissioner of Internal Revenue and set the stage for a legal thriller.  You may not have 26 American Music Awards, 13 number one singles, or the best-selling album of all time. But you're probably even more interested than Michael Jackson in keeping what you make. The answer, of course, is planning. But it's nearly Thanksgiving, and time is running out to save in 2013. So call us now to set up your appointment to get the savings you really want.

#Windfall

Psychologists agree that the ability to concentrate is key to achieving our goals. But today's high-tech world is full of distractions, from thousands of cable TV channels to millions of internet sites, with smart phones constantly within reach. Some experts say our attention span is actually shrinking. So should it be any surprise that Americans have fallen in love with Twitter, the online social networking and "microblogging" site that lets users send and read "tweets" limited to no more than 140 characters?  

Twitter attracted confusion (and no small amount of scorn) when it debuted in 2006 — co-founder Jack Dorsey admitted that the service is "a short burst of inconsequential information." But there are now more than 200 million "monthly active users" posting more than 500 million tweets per day. Singer Katy Perry currently has the most followers, at 46.8 million. She's trailed by Justin Bieber (46.7 million), Lady Gaga (40.4 million), and Barack Obama (39.5 million). Twitter's ubiquitous "hashtag," the pound sign (#) that denotes keywords, appears everywhere, including at the Oscars, the Super Bowl, and the floor of the U.S. Senate.  

Twitter still doesn't make any money. But that didn't stop them from going public last week. On Thursday, Twitter issued 70 million shares at $26 each. The price nearly doubled in early trading before closing at $41.65 on Friday. And it made a lot of people rich. Co-founders Evan Williams and Jack Dorsey are billionaires. CEO Dick Costello, whose 2012 cash salary was just $200,000, is worth $300 million. All told, about 1,600 investors and employees became millionaires last week. (If you planned on buying a house or a Porsche in Silicon Valley, plan on standing in line and paying more!)

What does that all mean for our friends at the IRS? It means a #windfall, that's what!

• Twitter has granted non-executive employees over 92 million "restricted stock units" which will essentially convert to stock over the next several years. Employees will owe regular income tax of up to 39.6% plus Medicare tax of up to 3.8% on the value of those shares. They'll owe an average of $420,000 each in federal tax!
  
• Uncle Sam won't be the only taxman with his hand out. The state of California can conservatively expect to collect another $300 million or more. (California is no stranger to big IPOs — Golden State officials calculated they would collect $2.5 billion over four years from Facebook's debut.)                                                                                                                   
• Not everyone is quite so happy. Two years ago, the city of San Francisco waived part of its payroll tax to keep Twitter headquartered downtown. City officials predicted the waiver would cost them $22 million over six years. Last week's windfall could mean leaving another $34 million on the table. Of course, the City by the Bay still collects millions more than if Twitter had bugged out for the suburbs.  
• Who's not paying a dime in tax? That would be Twitter itself. Of course, that's because they haven't made a dime in profit. In fact, Twitter has over $100 million in "net operating loss carry forwards" it can use to offset tax on future profits.

Twitter's investors and employees have some big tax planning challenges ahead. They're going to need more than just 140 characters to take advantage of all the legal strategies available to pay less. It works the same for you, even if you're not America's newest billionaire. If you want to #keepwhatyoumake, you need a plan. So call us now before December 31, when you can still do something about it!

Death and Taxes and Zombies

Law reviews are scholarly journals focusing on legal issues, usually edited by students at a particular school. America's law schools currently crank out hundreds of different reviews, which means there aren't a lot of topics that haven't already been covered. (Chief Justice John Roberts once said "Pick up a copy of any law review that you see, and the first article is likely to be, you know, the influence of Immanuel Kant on evidentiary approaches in 18th Century Bulgaria, or something.”) But the Iowa Law Review has just published a new article on a crucial tax topic — and it's especially appropriate to discuss this week after Halloween. We're referring, of course, to Arizona State professor Adam Chodorow's groundbreaking new work, Death and Taxes and Zombies.

"The United States stands on the precipice of a financial disaster, and Congress has done nothing but bicker. Of course, I refer to the coming day when the undead walk the earth, feasting upon the living. A zombie apocalypse will create an urgent need for significant government revenues to protect the living, while at the same time rendering a large portion of the taxpaying public dead or undead. The government’s failure to anticipate or plan for this eventuality could cripple its ability to respond effectively, putting us all at risk. This essay fills a glaring gap in the academic literature by examining how the estate and income tax laws apply to the undead."

Don't laugh. This is 25 pages of lively prose, with 124 scholarly footnotes citing authoritative sources like Harry Potter and the Sorceror's Stone, the noted gourmand Hannibal Lecter, and even "Slimer" from Ghostbusters. Chodorow isn't afraid to ask the scary questions that the rest of us shy away from:

• At what point does a zombie become a "decedent" for estate tax purposes? Currently, the legal definition of "death" varies from state to state, with some basing it on heart function and others on brain function. This means that zombies may not actually be "dead" in some states. Does someone who dies stay legally dead after being reanimated as a zombie?
  
• Could it ever make sense to die for tax reasons, then come back when income or assets will be taxed at a lower rate? If so, would the IRS attack those deaths as sham arrangements?
• Does someone remain married for tax purposes if they or their spouse become zombified?
• What about vampires? They're typically wealthy and sophisticated, which makes estate planning a must. And they live for centuries, which makes tax-deferred vehicles like IRAs and cash-value life insurance even more valuable.
• Finally, what about ghosts? Do phantoms owe tax on phantom income?

As you can see, there's a lot more to taxes and zombies than meets the eye. Chodorow urges Congress to create tax laws for them now, before members become zombies themselves.

Fortunately, the secret to navigating taxes in a land of walking dead is the same as navigating taxes now — it's planning. And speaking of acting now, before it turns too late, 2013 is quickly coming to an end. December 31 may not bring a zombie apocalypse, but it will drive a stake in the heart of some of your best planning strategies. So call us for the plan you need, before it's really too late!