State X is known as a piggyback state for income tax purposes. This means that when the

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State X is known as a piggyback state for income tax purposes. This means that when the federal government issues new income tax laws, to the extent applicable, State X's income tax laws are automatically amended to conform to applicable federal laws. Over the years, federal income tax laws have been amended at various times to change capital gains tax rates which currently appear at Internal Revenue Code section 1(h). Recently, another revision to the capital gains tax rates have been made and State X's tax laws have been revised accordingly, effective as of the same date federal laws are effective. Unfortunately, State X has recently suffered severe revenue losses as a result of lower income tax revenues experienced by its state residents and it has had to impose significant government workforce reductions. Accordingly, its office of state revenue and taxation has had to reduce some of the administrative staff responsible for revising its tax return forms. Among other mistakes, its newly issued tax forms erroneously provide for lower capital gains tax rates than the newly instituted higher tax regime that should apply. Walter is an AICPA member with an active tax return compliance practice in State X. Assuring his clients that "it's a great opportunity to benefit from State X's mistake ..." and fully recognizing that the tax forms are flawed, Walter chooses to file tax returns on behalf of his clients that are consistent with the erroneous forms. Discuss the appropriateness of this "tax planning" device. Would it make a difference to your conclusion whether or not the State X Department of Revenue and Taxation issues a timely announcement acknowledging the error in the form and requiring that taxpayer's apply the appropriate statutory law?
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Tax Research

ISBN: 9780136015314

4th Edition

Authors: Barbara H. Karlin

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