Time for 2014 Refunds is Running Out

The IRS reminds us that about $1.1 billion in refunds may be lost to an estimated 1 million taxpayers who have not yet filed their 2014 federal income tax returns. That’s because you only have three years from the time your tax return is due to claim that refund. The 2014 was due April 15 of 2015, at that means after April 18, 2018; time’s up, no more refund.

Extensions do count. If your 2014 tax return was extended, you will have until October 15 of 2018 to claim that refund.

There is no penalty for filing a late tax return if it is for a refund. We see a lot of tax returns from part-timers, college students and teens who earn less than their standard deduction. For them, any tax withheld will be refunded. Those refunds are usually worth hundreds of dollars and that can be substantial to those taxpayers.

We have seen cases where people seemed to be intimidated by the IRS, so they just didn’t file their tax returns. Years went by. When the eventual IRS letter came, and we caught up the back tax returns, they lost out on three or four refunds.

Two acquaintances of mine refuse to file their tax returns because they do not want the IRS to know where they live. After looking over their W-2, which is how the IRS knows where you live, I assured them that they would get a refund. I said I’d do it for free. I suggested charity, but nope. Three years and one day after the original due date, that money becomes the property of the U.S. Treasury.

Many low and moderate income earners with children may be entitled to the Earned Income Tax Credit which is refundable; meaning in addition to your withholding. If you fit into this category you should never miss filing your tax returns timely.

If you think you might owe taxes for 2015 or 2016 there’s a chance that the IRS knows that too, and your 2014 refund might be held up until you file the 2015 and 2016 returns. If you are missing tax forms like your W-2, contact your employer, or order an IRS transcript at www.irs.gov using the www.irs.gov/individuals/get-transcript to access the Get Transcript Online Tool.

If you are just not sure, and you work, then it is in your best interest to at least arrange for a consultation from a licensed tax professional.

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Can the Cost of your Gym Membership be Deductible?

The answer is, “That depends.” If you meet the following criteria then you can write off your Gym Membership as a Qualified Medical Expense on either your Schedule A or as a distribution from your Health Savings Account (HSA).

The criteria are:

  1. A doctor must diagnose you with a specific medical condition, or a specific physical or mental defect or illness, and you must have written documentation of this diagnosis.
  2. You must use the health club facilities to treat the specific condition, defect, or illness as recommended by your doctor.
  3. You must not have belonged to the health club or gym before the diagnosis, and would not have joined if you were not diagnosed with the specific condition, defect, or illness.

We recently had a case where we had to prove to the IRS that our client’s distributions from their HSA were qualified medical expenses. There were two distributions used for the gym and they were sizable. When we received the letter from the doctor it read, “I recommend that my patient use a gym for her health.” That was not good enough.

Our client had a serious injury and was receiving skilled services from a personal trainer twice per week as a necessity to be able to maintain her mobility. We only had to explain to the doctor that her letter needed to be more specific. The IRS did not question the claims for the Gym expenses.

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Latest Tax Scam

Because the IRS continues to place pressures on tax thieves, the methods used by the criminals are evolving. One of the tactics used by the IRS for the last two years is to shorten the time for payers to issue W-2′s and 1099′s. This makes it harder for criminals to cook up fake information because the real information is already on file at the IRS. This situation is forcing cyber-criminals to get creative and use actual taxpayer information.

The latest scam involves crooks using real taxpayer information, e-filing a fraudulent tax return, with a refund going to the taxpayers’ real bank account. Then a woman posing as a debt collector contacts the taxpayers to inform them that a refund was deposited into their account in error, and can the taxpayer forward the money to her.

If you receive such a call do not talk with the criminal. Hang up. Check your bank account and if a deposit is there that does not belong, contact the IRS because you’re going to have to give it back. For the fraud part you can start here: https://www.irs.gov/individuals/how-do-you-report-suspected-tax-fraud-activity

The bad guys have your identity and the next chore you have is to put a stop to that. Start here: https://www.irs.gov/identity-theft-fraud-scams/identity-protection

If you don’t want to go it alone, contact your licensed tax professional.

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EITC for 2017 Hurricane Victims

For our friends and clients who may have been affected by the hurricanes, special rules might enable you to claim the Earned Income Tax Credit (EITC) if you normally do not, or a larger amount than you’re used to. If your income dropped in 2017 and you live in one of the federally declared disaster areas, you can choose to compute your 2017 the EITC using your 2016 earned income number if it was less. Because there can be many factors in any income tax computation, we recommend that you figure your 2017 taxes using both methods to see which one yields the highest EITC.

If you want to read up on this, see the instructions for form 1040, line 66, and publication 976, available at irs.gov here: https://www.irs.gov/forms-instructions

The EITC rules and computations can be complex, and for many taxpayers using a professional to help with your taxes can insure an accurate tax return with the highest EITC you are entitled to. The EITC can yield up to a $6,318 refund for a working family with qualifying children, meaning that a few hundred dollars invested in a tax professional can go a long way.

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Medical Caregivers Working in Your Home

If a loved one needs medical assistance within your home and you want to take the expense as a medical deduction, who you pay and what you are paying for makes a difference. The person receiving care must require that care because they are chronically ill, need long-term care, or require substantial supervision because of cognitive impairment, as determined by a physician.

If you are paying a Home Healthcare agency that employs the worker then the amount you will claim for your medical deduction is probably what you paid the agency for the year. If you had a worker, and the right to control the details of the work that was done by your worker, then your worker is your Household Employee and you must issue them a W-2 at the end of the year. If you pay each worker wages of $2,000 or more, then you are required to withhold and remit Social Security and Medicare taxes. You may also be responsible for other taxes.

The matter of Household Employees and payroll filing is complicated. The average individual probably doesn’t even know what an EIN number is (Employer Identification Number which is required), let alone which payroll forms to file. It is highly recommended that you consult with your licensed tax professional instead of trying this on your own and risking an IRS penalty and back taxes in addition to your family’s medical costs.

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What the Tax Reform Act Means for You

Congress has passed a tax reform act that will take effect in 2018, ushering in some of the most significant tax changes in three decades. There are a lot of changes in the new act, which was signed into law on Dec. 22, 2017.

You can use this memo as a high-level overview of some of the most significant items in the new act. Because major tax reform like this happens so seldom, it may be worthwhile for you to schedule a tax-planning consultation early in the year to ensure you reap the most tax savings possible during 2018.

Key changes for individuals:

Here are some of the key items in the tax reform act that affect individuals:

  • Reduces income tax brackets: The act retains seven brackets, but at reduced rates, with the highest tax bracket dropping to 37 percent from 39.6 percent. The individual income brackets are also expanded to expose more income to lower rates (see charts below).
  • Doubles standard deductions: The standard deduction nearly doubles to $12,000 for single filers and $24,000 for married filing jointly. To help cover the cost, personal exemptions and most additional standard deductions are suspended.
  • Limits itemized deductions: Many itemized deductions are no longer available, or are now limited. Here are some of the major examples:
    • Caps state and local tax deductions: State and local tax deductions are limited to $10,000 total for all property, income and sales taxes.
    • Caps mortgage interest deductions: For new acquisition indebtedness, mortgage interest will be deductible on indebtedness of no more than $750,000. Existing mortgages are unaffected by the new cap as the new limits go into place for acquisition indebtedness after Dec. 14, 2017. The act also suspends the deductibility of interest on home equity debt.
    • Limit of theft and casualty losses: Deductions are now available only for federally declared disaster areas.
    • No more 2 percent miscellaneous deductions: Most miscellaneous deductions subject to the 2 percent of adjusted gross income threshold are now gone.

Tip: If you’re used to itemizing your return, that may change in coming years as the doubled standard deduction and reduced deductions make itemizing less attractive. To the extent you can, make any remaining itemizable expenditures before the end of 2017.

  • Cuts some above-the-line deductions: Moving expense deductions get eliminated except for active-duty military personnel, along with alimony deductions beginning in 2019.
  • Weakens the alternative minimum tax (AMT): The act retains the alternative minimum tax but changes the exemption to $109,400 for joint filers and increases the phaseout threshold to $1 million. The changes mean the AMT will affect far fewer people than before.
  • Bumps up child tax credit, adds family tax credit: The child tax credit increases to $2,000 from $1,000, with $1,400 of it being refundable even if no tax is owed. The phaseout threshold increases sharply to $400,000 from $110,000 for joint filers, making it available to more taxpayers. Also, dependents ineligible for the child tax credit can qualify for a new $500-per-person family tax credit.
  • Expands use of 529 education savings plans: Qualified distributions from 529 education savings plans, which are not subject to tax, now include tuition payments for students in K-12 private schools.
  • Doubles estate tax exemption: Estate taxes will apply to even fewer people, with the exemption doubled to $11.2 million ($22.4 million for married couples).
  • Kiddie tax: Effective 2018, the “kiddie tax” on children’s unearned income will use the estates and trusts tax rate structure, meaning it will be taxed anywhere from 10 percent to 37 percent.

What stays the same for individuals:

  • Itemized charitable deductions: Remain largely the same.
  • Itemized medical expense deductions: Remain largely the same. The deduction threshold drops back to 7.5 percent of adjusted gross income for 2017 and 2018, but reverts to 10 percent in the following years.
  • Some above-the-line deductions: Remain the same, including $250 of educator expenses and $2,500 of qualified student loan interest.
  • Gift tax deduction: Remains and increases to $15,000 from $14,000 for 2018.

Farewell to the healthcare individual mandate penalty

One of the changes in the tax act is the suspension of the individual mandate penalty in the Affordable Care Act (also known as “Obamacare”). The penalty is set to zero starting in 2019, but remains in place for 2018 and prior years.

Tip: Retain your Form 1095s, which will provide evidence of your healthcare coverage. Without it, you may have to pay the individual mandate penalty, which is the higher of $695 or 2.5 percent of income. Beginning in 2019, this penalty is set to zero.

NOTICE: The IRS recently granted employers and health care providers a 30-day filing extension for Forms 1095-B and 1095-C, to March 2, 2018. The IRS clarified that taxpayers are not required to wait until receipt of these forms to file their taxes. 

New 2018 tax bracket structures for individuals

Single taxpayer

Taxable income over But not over Is taxed at
$0 $9,525 10%
$9,525 $38,700 12%
$38,700 $82,500 22%
$82,500 $157,500 24%
$157,500 $200,000 32%
$200,000 $500,000 35%
$500,000 37%

Head of household

Taxable income over But not over Is taxed at
$0 $13,600 10%
$13,600 $51,800 12%
$51,800 $82,500 22%
$82,500 $157,500 24%
$157,500 $200,000 32%
$200,000 $500,000 35%
$500,000 37%

Married filing jointly

Taxable income over But not over Is taxed at
$0 $19,050 10%
$19,050 $77,400 12%
$77,400 $165,000 22%
$165,000 $315,000 24%
$315,000 $400,000 32%
$400,000 $600,000 35%
$600,000 37%


Married filing separately

Taxable income over But not over Is taxed at
$0 $9,525 10%
$9,525 $38,700 12%
$38,700 $82,500 22%
$82,500 $157,500 24%
$157,500 $200,000 32%
$200,000 $300,000 35%
$300,000 37%

Estates and trusts

Taxable income over But not over Is taxed at
$0 $2,550 10%
$2,550 $9,150 24%
$9,150 $12,500 35%
$12,500 37%

Key changes for small businesses:

Here are some of these key items in the tax reform act that affect businesses:

  • Cuts the corporate tax rate: Corporate tax gets cut and simplified to a flat 21 percent rate, changed from a multi-bracket structure with a 35 percent top rate.
  • Reduces pass-through taxes: Most owners of pass-through entities such as S corporations, partnerships and sole proprietorships will see their income tax lowered with a new 20 percent income reduction calculation.
  • Beefs up capital expensing: Through 2022, short-lived capital investments in such items as machinery and equipment may be fully expensed as soon as they are placed in service, using bonus depreciation. This now also applies to used items instead of only new ones; they just need to be placed in service for the first time in your business. After 2022, allowable bonus depreciation is then lowered incrementally over the next four years.
  • Strengthens Section 179 deduction: Section 179 deduction limits get raised to enable expensing of up to $1 million, and the phaseout threshold increases to $2.5 million. Section 179 may now also be used on expenses related to improvements to nonresidential real estate.
  • Nixes the corporate alternative minimum tax (AMT): The 20 percent corporate AMT applied to businesses goes away entirely.
  • Expands use of cash-method accounting: Businesses with less than $25 million in gross receipts over the last three years may adopt the cash method of accounting.
  • Reforms international taxation: Treatment of international income moves to the territorial system standard, in which foreign investments are generally only taxed in the place in which they operate. The new laws allow tax deductions for certain foreign-sourced dividends, reduced tax rates for foreign intangible income and reduced tax rates for repatriation of deferred foreign income.
  • Repeals business entertainment deduction: Businesses will no longer be able to deduct 50 percent of the cost of entertainment, amusement or recreation directly related to their trade or business. The 50 percent deduction for business-related meals remains in place, however.
  • Modifies several business credits: Several business credits are maintained but modified, including the orphan drug credit, the rehabilitation credit, the employer credit for paid family or medical leave and the research and experimentation credit.
  • Boosts luxury automobile depreciation: Luxury automobiles placed in service after 2017 will have allowable depreciation of $10,000 for the first year, $16,000 the second, $9,600 the third and $5,760 for subsequent years.

This brief summary of the tax reform act is provided for your information. Any major financial decisions or tax-planning activities in light of this new legislation should be considered with the advice of a tax professional. Call if you have questions regarding your particular situation. Feel free to share this memo with those you think may benefit from it.

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Last-minute Year-end moves in light of Tax Cuts and Jobs Act

Congress is enacting the biggest tax reform law in thirty years, one that will make fundamental changes in the way you, your family and your business calculate your federal income tax bill, and the amount of federal tax you will pay. Since most of the changes will go into effect next year, there’s still a narrow window of time before year-end to soften or avoid the impact of crackdowns and to best position yourself for the tax breaks that may be heading your way. Here’s a quick rundown of last-minute moves you should think about making.

Lower tax rates coming. The Tax Cuts and Jobs Act will reduce tax rates for many taxpayers, effective for the 2018 tax year. Additionally, many businesses, including those operated as passthroughs, such as partnerships, may see their tax bills cut.

The general plan of action to take advantage of lower tax rates next year is to defer income into next year. Some possibilities follow:

. . . If you are about to convert a regular IRA to a Roth IRA, postpone your move until next year. That way you’ll defer income from the conversion until next year and have it taxed at lower rates.

. . . Earlier this year, you may have already converted a regular IRA to a Roth IRA but now you question the wisdom of that move, as the tax on the conversion will be subject to a lower tax rate next year. You can unwind the conversion to the Roth IRA by doing a recharacterization-making a trustee-to-trustee transfer from the Roth to a regular IRA. This way, the original conversion to a Roth IRA will be cancelled out. But you must complete the recharacterization before year-end. Starting next year, you won’t be able to use a recharacterization to unwind a regular-IRA-to-Roth-IRA conversion.

. . . If you run a business that renders services and operates on the cash basis, the income you earn isn’t taxed until your clients or patients pay. So if you hold off on billings until next year-or until so late in the year that no payment will likely be received this year-you will likely succeed in deferring income until next year.

. . . If your business is on the accrual basis, deferral of income till next year is difficult but not impossible. For example, you might, with due regard to business considerations, be able to postpone completion of a last-minute job until 2018, or defer deliveries of merchandise until next year (if doing so won’t upset your customers). Taking one or more of these steps would postpone your right to payment, and the income from the job or the merchandise, until next year. Keep in mind that the rules in this area are complex and may require a tax professional’s input.

. . . The reduction or cancellation of debt generally results in taxable income to the debtor. So if you are planning to make a deal with creditors involving debt reduction, consider postponing action until January to defer any debt cancellation income into 2018.

Disappearing or reduced deductions, larger standard deduction. Beginning next year, the Tax Cuts and Jobs Act suspends or reduces many popular tax deductions in exchange for a larger standard deduction. Here’s what you can do about this right now:

  • Individuals (as opposed to businesses) will only be able to claim an itemized deduction of up to $10,000 ($5,000 for a married taxpayer filing a separate return) for the total of (1) state and local property taxes; and (2) state and local income taxes. To avoid this limitation, pay the last installment of estimated state and local taxes for 2017 no later than Dec. 31, 2017, rather than on the 2018 due date. But don’t prepay in 2017 a state income tax bill that will be imposed next year – Congress says such a prepayment won’t be deductible in 2017. However, Congress only forbade prepayments for state income taxes, not property taxes, so a prepayment on or before Dec. 31, 2017, of a 2018 property tax installment is apparently OK.
  • The itemized deduction for charitable contributions won’t be chopped. But because most other itemized deductions will be eliminated in exchange for a larger standard deduction (e.g., $24,000 for joint filers), charitable contributions after 2017 may not yield a tax benefit for many because they won’t be able to itemize deductions. If you think you will fall in this category, consider accelerating some charitable giving into 2017.
  • The new law temporarily boosts itemized deductions for medical expenses. For 2017 and 2018 these expenses can be claimed as itemized deductions to the extent they exceed a floor equal to 7.5% of your adjusted gross income (AGI). Before the new law, the floor was 10% of AGI, except for 2017 it was 7.5% of AGI for age-65-or-older taxpayers. But keep in mind that next year many individuals will have to claim the standard deduction because many itemized deductions have been eliminated. If you won’t be able to itemize deductions after this year, but will be able to do so this year, consider accelerating “discretionary” medical expenses into this year. For example, before the end of the year, get new glasses or contacts, or see if you can squeeze in expensive dental work such as an implant.

Other year-end strategies. Here are some other last minute moves that can save tax dollars in view of the new tax law:

  • The new law substantially increases the alternative minimum tax (AMT) exemption amount, beginning next year. There may be steps you can take now to take advantage of that increase. For example, the exercise of an incentive stock option (ISO) can result in AMT complications. So, if you hold any ISOs, it may be wise to postpone exercising them until next year. And, for various deductions, e.g., depreciation and the investment interest expense deduction, the deduction will be curtailed if you are subject to the AMT. If the higher 2018 AMT exemption means you won’t be subject to the 2018 AMT, it may be worthwhile, via tax elections or postponed transactions, to push such deductions into 2018.
  • Like-kind exchanges are a popular way to avoid current tax on the appreciation of an asset, but after Dec. 31, 2017, such swaps will be possible only if they involve real estate that isn’t held primarily for sale. So if you are considering a like-kind swap of other types of property, do so before year-end. The new law says the old, far more liberal like-kind exchange rules will continue apply to exchanges of personal property if you either dispose of the relinquished property or acquire the replacement property on or before Dec. 31, 2017.
  • For decades, businesses have been able to deduct 50% of the cost of entertainment directly related to or associated with the active conduct of a business. For example, if you take a client to a nightclub after a business meeting, you can deduct 50% of the cost if strict substantiation requirements are met. But under the new law, for amounts paid or incurred after Dec. 31, 2017, there’s no deduction for such expenses. So if you’ve been thinking of entertaining clients and business associates, do so before year-end.
  • Under current rules, alimony payments generally are an above-the line deduction for the payor and included in the income of the payee. Under the new law, alimony payments aren’t deductible by the payor or includible in the income of the payee, generally effective for any divorce decree or separation agreement executed after 2017. So if you’re in the middle of a divorce or separation agreement, and you’ll wind up on the paying end, it would be worth your while to wrap things up before year end. On the other hand, if you’ll wind up on the receiving end, it would be worth your while to wrap things up next year.
  • The new law suspends the deduction for moving expenses after 2017 (except for certain members of the Armed Forces), and also suspends the tax-free reimbursement of employment-related moving expenses. So if you’re in the midst of a job-related move, try to incur your deductible moving expenses before year-end, or if the move is connected with a new job and you’re getting reimbursed by your new employer, press for a reimbursement to be made to you before year-end.
  • Under current law, various employee business expenses, e.g., employee home office expenses, are deductible as itemized deductions if those expenses plus certain other expenses exceed 2% of adjusted gross income. The new law suspends the deduction for employee business expenses paid after 2017. So, we should determine whether paying additional employee business expenses in 2017, that you would otherwise pay in 2018, would provide you with an additional 2017 tax benefit. Also, now would be a good time to talk to your employer about changing your compensation arrangement-for example, your employer reimbursing you for the types of employee business expenses that you have been paying yourself up to now, and lowering your salary by an amount that approximates those expenses. In most cases, such reimbursements would not be subject to tax.

Please keep in mind that I’ve described only some of the year-end moves that should be considered in light of the new tax law. If you would like more details about any aspect of how the new law may affect you, please do not hesitate to call.

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Taking Advantage of the Tax Law Changes

If you itemize in 2017, and you have itemized deductions that are just over the standard deduction floor, you will probably take the larger standard deduction in 2018. If this is the case, make some of next years payments that can be itemized this year. Consider accelerating charitable contributions, discretionary medical expenditures, and pay 2018 State and Local Taxes (SALT). You can also consider deferring income to take advantage of the lower rates going into effect next year.

If your tax planning is for a complex strategy you should contact your CPA before years end.

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The Medicaid Asset Protection Trust

If you need healthcare that you cannot afford, then the government expects you to use your money until it is gone, and then use up your assets until those are gone, and Medicaid will pay for the rest. If you have an asset such as a home that you want to protect for your heirs, but you are still alive and you need healthcare that you can’t pay for, you could place the home into an irrevocable trust to protect that asset.

To make their measurements, Medicaid uses a set of standards called Medicaid Asset Limits in order to determine a patient’s eligibility for care without having to pay a premium, (in most states a nursing home resident covered by Medicaid may have no more than $2,000 in countable assets). If you transfer assets into certain trusts to protect them, and you were the former owner, Medicaid has legal ways to transfer or release title to those assets.

You have to use an irrevocable trust, because a revocable trust is like no trust at all until the day that you die, at which time it automatically becomes irrevocable. With a revocable trust you can make any change you like until you die. A revocable trust can not protect the house if you’re trying to receive Medicaid because you are still alive. Has to be an irrevocable trust that now owns your old assets, and that means that you no longer own those assets and have no rights to them, and Medicaid has no rights to them either. The problems start when people put their assets into a trust and try to find ways to continue to enjoy the benefits of those assets like they did before they formed the trust.

There were a couple of court decisions that came out of Massachusetts recently that bring these problems to light. A man put his home into an irrevocable trust but continued to live there. The courts eventually ruled that MassHealth (Medicaid in Massachusetts) could not count the home as an asset for the limits test because the trust provision allowed him to live there. On the flip side, the man’s right to use and occupy the home as akin to receiving fair market value rental income from the home, and that raised his income to the threshold where he was required to pay a monthly deductible to receive healthcare.

If you have an older trust you should have it reviewed to determine that it is in compliance with current laws. Your attorney must be an expert in this field. If this subject is of interest to you then seek out professional advice, and a good place to start is always with your CPA.

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A Tax Strategy Just Right for You

In our line of work we hear a lot of things like, “This country needs a flat tax or a national sales tax. The IRS is out of control with this complicated tax code – why you’d have to be a rocket scientist to figure it out.”

First of all you have to remind yourself that your government is addicted to tax money. If we had a flat tax it would decrease overall tax revenues, hurt lower income taxpayers and reward high income earners. A national sales tax would put the government at the mercy of consumers, and be a real problem when it comes to long-term budgeting because very large ticket projects like roads or another aircraft carrier take years to complete. We don’t see either of these political footballs scoring a touchdown any time soon.

If you’re like about 40% of Americans who work for a wage and report income from a W-2, single or married, you have no children and rent, then you are already in a quasi flat tax scenario where your tax is very much the same as anybody else in your earnings stratum. A machine can do your taxes.

Our tax codes become more complicated as you accumulate wealth over your lifetime, at least that’s how it is supposed to work. If you do what your parents tell you and manage to avoid most of life’s pitfalls then you should do pretty good. Tax planning plays an important role because it is a part of protecting your assets. Combined with financial, retirement and estate planning, tax planning is the crux that helps to bind the other planning areas into a cohesive lifetime plan for accumulating wealth.

When I was in the Army, and you’re standing in the breakfast chow line and you get to the bacon server, that bacon server would always eyeball you, and poke around in that bacon for a minute and come up with two pieces that were, “Just right for you.” We used to joke about that because we thought that any two pieces are going to be about the same, but that never deterred the bacon server from doing you a favor and finding those two pieces that were, “Just right for you.”

That’s sort of what we do for our clients; we find a tax scenario that is just right for their needs considering their financial plans, retirement plans and estate planning. We don’t just crank out a tax return every year like a machine, we get to know our clients and so long as they give us the opportunity, we like looking out for them, so that we can find that perfect balancing point, that tax plan that is, “Just right for you.”

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