The IRS Increases Audits of Those Making at Least $100,000
I’m in NYC again this week. Earlier in the week I taped a spot for Better TV and Parents.TV and met with a producer from the Today show! Super exciting!
Brian Wyatt, one of our Personal Family Lawyers in Sacramento, wrote an article on his blog about the increase in audits for high income earners and he’s got some great tips about what you can do to audit proof yourself.
I’ll be back next week!
~Alexis
“The IRS Increases Audits of Those Making at Least $100,000 Per Year”
By Brian D. Wyatt
According to the January 30, 2008 issue of The Wall Street Journal, the IRS has been feeling some pressure to put additional taxpayer money in Uncle Sam’s pockets. The Service has responded by increasing the number of audits of those who make more than $100,000 per year.
In particular, with regard to tax returns filed in 2007, the IRS increased audits of those making at least $100,000 per year by 14%. Those making more than $200,000 saw a 29% increase in audits, and those with at least $1 million in income saw an 89% jump. Even more audits are on the way for these demographics’ 2008 filings. (See, Herman, T., “High Earners Face Surge in Tax Audits,” The Wall Street Journal, January 30, 2008, Page D1.)
If you are self-employed (e.g., you have an S-Corp or are a sole proprietor) and you earn more than $100,000 year, you may want to speak with your accountant about dealing strategically with the increased audit risk.
In addition, The Journal’s Wealth Report Blog suggests three other things high-earning people should do as you look at your 2007 taxes over the next few months:
(1) Don’t get overly creative with your tax accounting. Keeping things simple should trigger fewer automatic “audit-flags” with the IRS.
(2) Try to be consistent with what you did last year, especially with regard to deductions. The software the IRS uses to determine who to audit looks for major variations from year-to-year.
(3) Stick with what the forms tell you. Don’t take a “different position” with respect to a 1099 or K-1 that you receive.
Good luck as you prepare and file your 2007 taxes!
Brian D. Wyatt is a Personal Family Lawyer in the Sacramento-Roseville Area specializing in estate planning, wealth protection, and small business issues. For more information about Brian or his practice, please visit www.wyattlegal.com.
Subscribe to this feed• Email This • Stumble It! • Digg This!
Add to del.icio.us • Share on Facebook • Kirtsy This
What to Do If You Are Audited By the IRS
When I first went into business for myself, I had no idea how difficult the financial record keeping part of things would be. As an entrepreneur, it’s my least favorite part.
But, it’s also one of the most critical.
And, it’s something I overlooked for the first 3 years of my business.
I trusted that other people were taking care of it, when they really weren’t. Balls were dropped. Payroll taxes got missed. Estimated taxes weren’t paid.
I got my first heads-up that things were bad when Drew Hunt, the forensic accountant valuing my business during my divorce, looked at me and said “Alexis, your books are messed up!”
I didn’t do anything about it.
The next wake-up call came when I found out we’d missed a month of payroll taxes and I owed a big penalty. I still didn’t do anything about it.
The last straw was when I ended up with an unanticipated 6-figure tax bill last year. Sure, it means business was good, but I was not prepared to pay the taxes. I finally decided I was going to do something about it.
I fired my CPA and hired a new CPA, Mark Pribble, who understood that he was going to have to takeover and do it all for me. He was not going to expect me to do anything financial record keeping related other than sign the checks. He installed a bookkeeper, Jan, in my office and started to get it all under control.
And thank God he did because a few months later I got another huge wakeup call – an audit notice from the IRS. Worst of all? They were auditing 2005, the year of my divorce. The year that the forensic accountant told me my books were messed up. Oh no!?! Oh, yes.
I nearly lost it. Taxes are the next worst thing to death, right? What was I going to do?
Luckily, I figured it out.
Today, I am overjoyed to report that after a nearly year-long audit, I got a no change letter in the mail. What’s that mean? It means that I don’t owe a dime. It’s truly unbelievable, but I think I know the secrets to why that happened and what you should do if you get the dreaded letter in the mail. Here they are:
1. Stay calm and accept the reality of the situation
My first inclination when I got the news was to run screaming through my house yelling “Why me, oh why me?” Truth be told, I did cry. I was scared to death. I knew how messed up my books were and couldn’t imagine how we’d ever be able to prove all the expenses. But within a few hours, I had calmed down. I accepted the situation, called my CPA who also helped calm me down and made the decision to handle the audit using all of the spiritual muscle I had developed over the prior 3 years.
2. Turn it over
You’ve heard the saying that “He who represents himself has a fool for a client and an idiot for a lawyer”, well, it’s the same for representing yourself before the IRS. This is not something you should do yourself. The stress is not worth it. Stress causes more disease than eating poorly, smoking, drinking or not exercising ever did.
I can’t imagine anything more stressful than handling your own audit. It’s just not worth it.
I resigned myself to paying Mark’s big bills each month and asked him to take over and keep me out of it to the largest extent possible. Fortunately for me, he did just that.
I gave him unrestricted access to my assistant Corey and gave Corey unrestricted access to my whole life. Between the two of them and Mark’s awesome colleague Elizabeth, they responded to every single document production request.
Thank you Elizabeth, Corey and Mark! I didn’t just turn it over to Mark though.
I turned it over to God. I trusted that the whole thing would turn out exactly as it was supposed to and each time I started to panic, I reminded myself that I was doing everything I could (hired a professional to handle it), it was already done (I couldn’t do anything to change the situation), and it would be all good (regardless of the outcome, I’d handle it and be okay).
Trust me, in the beginning, I thought about it all the time and it was not always easy to remember these things; I had to do a lot of reminding. But, eventually, I stopped worrying about it altogether.
3. Don’t talk about it a lot, but also don’t keep secrets either
When something “bad” is happening in our lives, we have a natural inclination to talk about it with everyone we know.
I resisted that inclination, though it came up a lot. I wanted to commiserate with everyone I knew.
But, I knew if I focused energy on it, it would grow and that, I did not want. So, I minimized the energy I gave it instead.
I only talked about it when I absolutely had to because I was asked a direct question or had to give some guidance to Corey, Mark or Elizabeth.
I also didn’t keep anything a secret. I was totally candid with the team working on my behalf. That’s the only way they could help me. And, they were totally candid with the IRS.
4. Take responsibility, but don’t take it personally or blame yourself
Getting audited brings up so many emotions.
You may be tempted to blame yourself. I did this a little bit – cursing myself for not keeping my records better and paying attention to my financials. In my worst moments, I convinced myself I could have done something to change the situation, if only I had … or if only I was … you fill in the blanks.
You may be tempted to take it personally and lash out against the agent auditing you. Remember that the IRS agent is a human being doing his or her job. They are not out to get you. They are there to do their job and that’s it. If you are a jerk, your outcome will not be favorable. If instead, you remain aware that you are an adult and that one “cost” of living and working in the United States is that you are subject to tax audit, it’ll go much more smoothly.
If you get audited, just remember that all you have to do is respond to the requests for information by providing records where you have them, explanations where you don’t, and keep the truth in mind that it’s all going to work out fine. No matter what.
Take a deep breath.
Wow, what a relief!
© 2007 Alexis Martin Neely
WANT TO USE THIS ARTICLE IN YOUR E-ZINE OR WEB SITE? You can, as long as you include everything in quotes with it: “Written by Alexis Martin Neely, mom, writer, speaker and Personal Family Lawyer. Alexis makes it super easy for your family to talk about and plan for sticky subjects like money, death and taxes. Get Alexis’ humorous, enlightening, and often quite revealing “Family Wealth Secrets” at: www.FamilyWealthMatters.com.
Subscribe to this feed• Email This • Stumble It! • Digg This!
Add to del.icio.us • Share on Facebook • Kirtsy This
6 Steps to Finding a Bank You Can Love
I had never given much thought to where I did my banking before I became a business owner. I banked with Wells Fargo because they had my home loan and gave me a better rate if I opened up an account with them. But, I dreaded having to ask for anything out of the ordinary because my bank balance wasn’t big enough to warrant any kind of special service or entre’ into their private banking group, so I was left to deal with bank tellers who didn’t care very much about me or what I needed.
It was a typical big bank experience. [Side note: Wells Fargo private banking is a whole different ball of wax; if you qualify for it or their trustee services, you will experience excellent service and care like the kind I'm recommending you find for your family and your business].
I stuck with it because I didn’t know there were any other options or that I could find a bank that would truly care about me and my needs.
What kind of needs, you ask?
Well, for one thing, I was so busy when I first launched my law firm that I found it difficult to get to the bank to make deposits on a timely basis. I’d have checks from clients stacking up in my office until finally, I’d find the 30 minutes to make a bank run.
I tried banking by mail, but when one of my deposits got lost in the mail and I had to go back to the client’s and ask them to re-issue their check, that was the end of that.
Also, I wanted to find a bank that would allow me to set up ACH debit, which means that with pre-authorization from our clients who are on payment plans, we can automatically debit their bank account each month for their payments. None of the big banks would even talk to me about it.
Thankfully, I came across Beach Business Bank, a small bank that was just launching in my area and I figured I’d give them a call to see whether they might be able to help. That call turned out to be one of the best calls I ever made.
First of all, they were able to set up the ACH debit program I wanted and they were willing to send a courier to my office to pick up checks, knowing that within some time they’d have a machine they could install in my office so we could scan our checks. We’ve got that now and it’s super cool! No more bank runs, ever!
But really, that was just the beginning. Bob Franko is the Beach Business Bank CEO and he’s taken a personal interest in my business, helping me to get small business financing for expansion and he pushed through a quick loan a year ago when my business expanded much more quickly than I anticipated and needed money to pay a huge, unexpected income tax bill.
If I had not had a relationship with my banker, I don’t know what I would have done during a very scary time!
For those of you not in business, a great banking relationship can be critical when you want to get quick money to a kid in college or overseas. A personal banking relationship can make getting your assets into your trust much easier than working with an inexperienced, uncaring bank teller. And, in the event of your incapacity or even death, I can assure you that a personal banking relationship will make life much easier for your family!
So, what do you look for and how do you find a personal banking relationship?
1. Start small - investigate the community or business banks in your area. [One note: if you are banking with a small bank, you want to be particularly aware of the FDIC limits, which insure your deposits if the bank goes bust. You can find out how to increase your FDIC limits above the regular $100,000 per account here]
2. Develop a relationship - go into the branch and meet the relationship manager to determine whether you will feel well taken care of when you call with an emergency that only he or she can handle.
3. Request electronic communication - find out whether they will let you handle banking requests by email or if you must come into the branch. That’s a deal killer for me - if I can’t send an email to get something done, forget it.
4. Find out about ATM charges - one of the things I love about Beach Business is that they reimburse all my foreign ATM fees, so I can use my ATM card anywhere and not worry about it.
5. Electronic Banking - make sure they can tie multiple accounts together with one internet login and that you can handle bill payments online.
6. Minimums and interest rates - of course, find out the minimum you have to keep in the bank before incurring fees and make sure you can have interest on your checking account, not just your savings.
If you invest just a little time and follow these 6 guidelines, you can be thrilled with your banking relationship.
© 2008 Alexis Martin Neely
WANT TO USE THIS ARTICLE IN YOUR E-ZINE OR WEB SITE? You can, as long as you include everything in quotes with it: “Written by Alexis Martin Neely, mom, writer, speaker and Personal Family Lawyer. Alexis makes it super easy for your family to talk about and plan for sticky subjects like money, death and taxes. Get Alexis’ humorous, enlightening, and often quite revealing “Family Wealth Secrets” at: www.FamilyWealthMatters.com.”
Subscribe to this feed• Email This • Stumble It! • Digg This!
Add to del.icio.us • Share on Facebook • Kirtsy This
Check Out Blawg.com
If you are a lawyer blogger, make sure to check out blawg.com and claim your blog.
Subscribe to this feed• Email This • Stumble It! • Digg This!
Add to del.icio.us • Share on Facebook • Kirtsy This
New Years Resolution - Prepare For An Emergency
It’s the second week of 2008 - how are you doing on those resolutions?
I’ve had some calls from clients who were getting theirs taken care of, making sure corporation documents and estate planning documents were getting updated. Lots of new enrollments in our Family Wealth VIP Membership program to make sure that all stays up to date automatically. All good stuff to do for the New Year. Call your lawyer and make sure you are on top of everything.
I’m getting my emergency kit together and a stash of cash to keep on-hand in case it’s necessary. I’m reading my kids the Magic Tree House series of books and we are on the one about the San Francisco Earthquake. As I was falling asleep the other night after reading it, it occurred to me that I didn’t have a single dollar (you all remember the tooth fairy incident, right?) in my wallet and if we had an earthquake here and couldn’t access the ATMs, I’d be in big trouble.
And, I’ve resolved to ask for and accept more help this year, something that’s always been a challenge for me.
What are some of your resolutions?
Subscribe to this feed• Email This • Stumble It! • Digg This!
Add to del.icio.us • Share on Facebook • Kirtsy This
Custody: What Does Best Interest of the Kids Really Mean
I’ve been giving the issue of co-parenting, custody and the “best interest of the kids” a lot of thought recently.
I know so many people who kick themselves for having had children with the father or mother of their children.
I haven’t yet met someone who is a single parent by choice (as opposed to widowed) and is co-parenting with their “baby-daddy” or “baby-mama” who hasn’t at least once entertained the thought of “Oh my God, how could I actually have had children with this human being!?! My children are doomed!”
Truthfully, I don’t think I’ve met a couple who is still together and hasn’t thought that at least once! These feelings are obviously much stronger and more frequent when you are no longer in a loving partnership.
It becomes very difficult during such times to know what’s in the best interest of your kids.
Here’s what I return to … though honestly sometimes it can take a while to get back to this kind of thinking if I’m really riled up.
1. So long as my kids are physically safe, it is in their best interest to have a great relationship with their dad.
2. It is my job to empower my kids to deal with anything that comes their way in life and to look within themselves for their values.
3. I trust that inherently my kids know what feels right and what doesn’t and if I give them the tools to connect with their own internal barometer of rightness, they can adapt to all situations and events and learn from every experience - even those experiences I’d rather they didn’t have.
So, what can you do in those moments when you are cursing the day you decided to have kids with your “baby-daddy” or “baby-mama”?
- ask yourself how you can support your ex to be the best parent he or she can be without having to control the situation?
- make the decision to learn strategies to co-parent together — it may mean you have to go to a class or a therapist together. There are many great options.
- this one is the hardest, but if you can do it, you will feel great. Concede, even when you are in the right and realize that when you are not dug into a position, but instead flexible and kind (even when he or she is not!) that it’s better for your kids.
It takes a huge gulp of humble pie to do it, but afterwards I almost always feel liberated, light, and free. In contrast, as I’m kvetching over the whole thing before I’ve decided what to do and how to handle my feelings of massive consternation and guilt, I’ve got a massive pit in my stomach and a weight on my shoulders
I hope these guidelines provide some comfort to you the next time you are bemoaning the fact that you had children with your kids’ other parent - together or not.
© 2008 Alexis Martin Neely
WANT TO USE THIS ARTICLE IN YOUR E-ZINE OR WEB SITE? You can, as long as you include everything in quotes with it: “Written by Alexis Martin Neely, mom, writer, speaker and Personal Family Lawyer. Alexis makes it super easy for your family to talk about and plan for sticky subjects like money, death and taxes. Get Alexis’ humorous, enlightening, and often quite revealing “Family Wealth Secrets” at: www.FamilyWealthMatters.com.”
Subscribe to this feed• Email This • Stumble It! • Digg This!
Add to del.icio.us • Share on Facebook • Kirtsy This
Evolving or Devolving? It’s a Matter of Perspective
I’m reading a fantastic book, titled “Generation Me” by Jean M. Twenge, Ph.D.
I’ve been fascinated by generational issues lately, thinking quite a lot about where I fit in among generations.
It seems to me that being born in 1973 puts me at the very beginning of “Generation Me.”
Either that, or I’m in some bridge generation between the Boomers and Gen Y. The Gen X moniker doesn’t really feel right to me.
I’d rather be a bridge than Gen X, but I like Generation Me the best, it seems to fit like a glove.
Anyway, none of that is here nor there for what I really want to talk about, which is how much life as we know it has changed from the Boomer generation to now.
As Twenge points out, “Today, few of [the] rules apply. We are driven instead by our individual needs and desires. We are told to follow our dreams, to pursue happiness above all else. It’s OK to be different, and you should do what’s right for you. Compared to Boomers in 1973, GenMe is twice as likely to agree with the statement ‘There is no single right way to live.’ Young people say that the most important quality a child can learn is ‘to think for himself or herself.’ and only half as many young people as old say that obedience is a good lesson for children.”
Only a generation or so ago, everything was about fitting into the societal norm. Twenge shows two holiday photos in her book - the first taken in 1955. You can imagine the photo. Everyone is all prim and proper, barely touching. Both the teenage daughter and the young son are wearing bow ties for Pete’s sake! There’s nothing at all expressive about this group. I imagine their holiday photo looks just like the holiday photos they received from friends and family.
Today, it’s all about self-expression. Body art, video blogs, Radical Transparency. Life isn’t about fitting in anymore, it’s about standing out.
I see it as evolution. Many others call it devolution.
Here’s how I see it.
It’s evolution because what it’s doing is forcing us to look within for our own values, our own truths and not to accept the truths of society just because everyone says it’s true. There is no longer an “everyone” to say what’s true.
And yet, I believe as we each begin to look within, what we will find is a common Truth with a capital T that goes far deeper than the appearance of common unity in the 1960s and instead results in true community.
© 2008 Alexis Martin Neely
WANT TO USE THIS ARTICLE IN YOUR E-ZINE OR WEB SITE? You can, as long as you include everything in quotes with it: “Written by Alexis Martin Neely, mom, writer, speaker and Personal Family Lawyer. Alexis makes it super easy for your family to talk about and plan for sticky subjects like money, death and taxes. Get Alexis’ humorous, enlightening, and often quite revealing “Family Wealth Secrets” at: www.FamilyWealthMatters.com.”
Subscribe to this feed• Email This • Stumble It! • Digg This!
Add to del.icio.us • Share on Facebook • Kirtsy This
What You Can Expect in 2008
My objective for 2008 is to provide you with more of what you need to build your family wealth.
And, I intend to make it more fun and entertaining for you than ever before.
I haven’t exactly figured out how I’m going to do that, but don’t be surprised if it involves video blogging and/or a live call-in radio show.
I’m trying to figure out how I can make building your family wealth entertaining in the same way Gary Vaynerchuk has made wine tasting something to look forward to.
At the same time, I want to maintain a level of professionalism that Gary doesn’t have to be concerned about and find a way to be camera ready everyday, a non-issue for most guys, but a big issue for me!
If you’ve got ideas, please send them my way.
Specifically, I’d love to hear from you what you’d like to hear from me.
What would inspire you to tune in to a weekly or even daily video blog or call-in show?
I’m thinking of something like Suze Orman’s “Can I Afford It” segment that people love so much.
It works so well because 1) most of us are voyeurs by nature, 2) hearing what other people want to spend money on and hearing Suze’s advice brings personal awareness about our own personal situations, and 3) we can play along and imagine the advice we’d give if we were in Suze’s shoes and that’s fun stuff!
That’s the kind of segment I’d like to create for you.
So, if you’ve got a segment idea for me that would be interesting, bring you personal awareness about your own life and help you get clear about what you should and shouldn’t be doing, don’t hold back, let me know!
Here are some ideas I’ve tossed around:
1. A call-in show that helps single parents or couples choose the right guardians for their kids.
2. A call-in show that helps men and women considering divorce decide what to do.
3. A general call-in show to answer your family wealth building legal & financial questions.
Let me know what you think about these ideas and send over any of your own so I can fulfill my mission to entertain, inspire and guide you to make 2008 your best year ever!
In the meantime, there are two don’t miss events coming up in January. On January 22 is my MOMS ONLY free teleseminar and on January 29, I am interviewing advisor to the ultra, ultra, ultra high net worth, Doug Freeman.
Get more details about both by clicking here. I hope to “hear” you on one of these calls.


