Bardella & Associates
702 Litchfield Avenue
Sebastopol, CA 95472

Phone: 707-829-4800
FAX: 707-823-2865

Website Address: www.bardella.com

Email Address: Bardella@bardella.com








You've heard. Congress wants to change this. In fact, a law may have passed by the time you read this.
Several changes were proposed, and I won't try to guess the final verdict. However, the problem will not be solved.
The so-called "marriage penalty" is not a separate rule or law. There are many ways in which two people pay more income tax if they are married than if they were single. There are at least a couple of dozen tax rules which can cause this.
A simple case - standard deductions:

  • Married couple - $7,350
  • Single person - $4,400

Two filers get a combined standard deduction of $8,800 on their single returns, but get only $7,350 if they marry. Why not double? Tax brackets make the hit worse as income rises. A single person pays 15% of taxable income up to $26,250. But a married couple's bracket is not twice as large - it ends at only $43,850. Is this fair? True, the numbers vary from couple to couple. A sense of history will help here:

Case: Budding Romance.
Imagine two couples considering marriage. Mickey and Minnie have combined earnings of $50,000. Don and Daisy earn more - $80,000.

50 Years Ago.
These laws were first written about 50 years ago. Two-earner couples were rare.

Two Can Live as Cheaply as One.
You've heard the old saying. And you know it's only partly true. Some expense is saved by living together. Congress wrote the laws to help families as they existed at the time. To keep our example similar to conditions of 50 years ago let's suppose one spouse earns 90% of the income. Here's their 1999 income tax using a "short form."

Couple    Married     2 Singles
Mick/Min     $5,599     $7,286
Don/Daisy    $13,255     $15,065
Wow! A married couple saves about $1,700 by filing jointly.

New Millennium Couple.
Times change. Today two-eamer couples are the norm. Suppose Mick and Min earn equal amounts - but still a total of $50,000. Let Don and Daisy earn equal shares of their $80,000. Let's compare their 1999 tax bills:

Couple    Married     2 Singles
Mick/Min     $5,599     $5,392
Don/Daisy    $13,255     $11,772
Stay single and pay a lower tax. Voila - Marriage penalty.

Now I'll ask again - Is this fair? Some couples still save on ajoint return, but most couples today face this "marriage penalty."

No Sure Cure. Current proposals look at the standard deduction and tax brackets. They will not solve the problem. Couples get burned in many other ways.

Many rules that are linked to filing status penalize couples. The rules on Social Security taxation, losses on rentals, earned income credit, and IRA deductions are a few. In some cases a divorce can lead to doubling these tax benefits. There are more such rules, but you're getting the idea. Revamp the entire system, or we'll still have a marriage penalty. The changes being tossed around will fix only a small part of the problem. Imagine putting a price ceiling on hot dogs then announcing you've made sporting events more affordable.

Sure - every little bit helps. But the problem won't be solved.

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I told you this was written before any changes were enacted. Why not wait? Most issues being tossed around are too complex to explain in a few words.
Estate Tax is being studied. Any significant changes will take hours and hours of study and planning.
Same for increases in retirement contributions. If we have higher limits it will take some planning to know if you need them.
Items like the marriage penalty, or adding prescription coverage to Medicare might make your blood boil - but whatever is done will be done. We will apply the new rules, but have little opportunity for planning or scheming.

One thing is certain - I'll be sure to let you know of any important new rules in the Year-End issue. But for now, I'll keep my political opinions to rnyself!

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In March IRS finished studying 1997 tax returns. They announced that the percentage of tax paid by the wealthiest of Americans increased for the 6" consecutive year. Here are the figures:


Group
Adjusted Gross
Income (AGI)
Percent of Total
Tax Paid
Percent of Total
AGI - all returns

Top 1% of returns$250,700 & up
33%
17%
Top 5% of returns
(includes above row)
$108,000 & up
52%
32%
Top 10% of returns
(includes above rows)
$79,000 & up
63%
43%
The other 90%Below $79,000
37%
57%

Be careful! The Census Bureau counts people - IRS counts tax returns.
The figures come from 117 million returns. We have 280 million Americans, but a family of five files a single return, and many people need not file at all.

Adjusted Gross Income (AGI). This is not quite the same as "income." It's the bottom number on. the front page of your Form 1040. Some income items are not included. For instance, Social Security income may be absent, or part of it may be included. Tax-exempt interest is not included. Your pension contributions and IRA deductions have been subtracted.

Surprised? Granted the numbers are not perfectly clear. But we hear so often that the wealthy do not pay their fair share. These numbers show something different. Makes you wonder who the "middle class" is!

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Tax planning is an all-year job. There are a number of things I'd like to know about right now. I know it's not time to do the returns, but I can help you avoid pitfalls. Please don't wait until tax time if you:

1.  Changed your address
2.  Changed employers
3.  Received sizeable raise or bonus
4.  Got married or divorced
5.  Had a child
6.  Adopted a child
7.  Sent your child to college
8.  Received unemployment
9.  Sold stock or securities
10. Started investing in mutual funds for the first time
11. Began to collect Social Security
12. Received or paid alimony
13. Think about starting a business
14. Refinanced your mortgage
15. Bought or sold a home
16. Received a payoff in a lawsuit
17. Served as a paid trustee
18. Received a director's fee
19. Won the lottery

    20. Won a large sum at a race track or casino
    21. Started a living trust
    22. Made large charitable contributions
    23. Sold a rental
    24. Bought a rental
    25. Remodeled a rental
    26. Began using your car for business
    27. Became a telecommuter
    28. Cashed in EE Bonds
    29. Received an inheritance
    30. Inherited a pension or IRA
    31. Reached age 59
    32. Reached age 65
    33. Reached age 70
    34. Became disabled
    35. Are confused

There are many more reasons to call. But I think you're getting the idea. I'd much rather help you avoid errors now than try cleaning them up later. Too late isjust --- too late!

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Nothing sets the old knees to shaking like finding a letter from IRS in the mailbox. If you get a letter from them, please call me before trying to respond to them.
    IRS is going through a major reorganization. Some of the letters I've seen this year are different from prior versions. Unfortunately they are no more clear. Worse, the new "kinder & gentler" IRS is loading the letters with extra material about your rights, and long-winded explanations of various rules they follow. A very imposing package.
    Try to get the basic sense of the letter, then give me a call - after- -you calm down! I know how to handle most of these.

"10-Day" Myth. Most IRS letters contain a "deal with this in 10 days" notice. People instantly picture disasters - bank accounts seized, cars repossessed, teeth failing out. If we respond within 30 days none of your rights are lost. Even if you should owe IRS $1,000, the only difference between paying in IO days or in 3 0 days is about $5 in interest. It makes good sense to respond after we know the response is correct - not before.

Let's Do It Right. IRS may be kinder and gentler. But they are not your friends!
    Documentation. You can help me by gathering the information IRS is looking for. It could be the amount of estimated tax you paid, a child's social security number, or the interest earned by some account. Whatever it is, try to find the original records.
    Copy of Notice. I need to see a copy of the actual notice IRS sent. I've learned how to read them. I can usually spot things you might miss.

Authorization or Power of Attorney. The Privacy Act prevents IRS from talking to me about your case unless they have your written authorization. If I ask you to sign
one of these forms it covers only the tax return in question. It allows IRS to discuss the issues with me. It does another important thing - it allows IRS to send copies of all responses to both of us instead of to you only.
This helps to speed up the trickier cases.

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The country is caught up in a frenzy over the stock markets. Activity is high. Many of you use the Internet for trading, Records,records,records! It is critical to keep good records. When there is a sale you must report it on your tax return. I need just 4 items - dates of purchase and sale, plus amounts for both. For dates, use the trade date, not the settlement date. For amounts, use the figures after all commissions. For example, suppose you bought I 00 shares of some stock at $60, then sold later at $95. What I'd like to see is:

    100 shares XYZ Corp.(*)
    Bought 7/14/97 for $6,155.23
    Sold 8/21/2000 for $9,321.78(*)
    (*) - items IRS already knows!
If you trade on-line, you are offered some sort of "portfolio manager." It can keep these records - use it.

If you use a broker, you must keep either the confirmation slips, or mark your monthly statement carefully.
Wash Sales. If you trade some particular stock several times, keep all these transactions together. A special tax rule limits your losses when you buy back within 30 days something you previously sold.
Mutual Funds. This popular mode of investing can be confusing. If you "transfer" to another member of the "family" of funds, you have made a sale. Records are needed. If you reinvest your dividends, each dividend is really another purchase - you will need to keep all statements.

W-2 Forms by Internet. IRS has announced a pilot program for early in 2001. Participating employers will inform employees by email that W-2 Forms may be downloaded from a secure web site. If the W-2 has not been viewed on the web site by January 3 1, it will be mailed.

Roth IRA Twist - Save For College. The Roth IRA offers no tax savings when you put money in. The benefit comes after you reach age 59 1/2 (if your first contribution was at least 5 years before). Do this and all the money is tax-free. That's your benefit - tax-free, growth.

Taking money out has special rules. If you have been making direct contributions (as opposed to rollovers), tax law says the first dollars you withdraw come from the contributions. Since there was no deduction when you put the money in, there is no tax or penalty when you take it out.

Suppose a parent begins putting $2,000 each year into a Roth IRA when a child is born. 18 years later the child enters college. $36,000 has been contributed. Up to $36,000 can be withdrawn without tax or penalty. Even if the parent is not yet 591/2. Plus - the account keeps growing. If you touch the earnings, there's a problem - but the contributions are deemed to come out first. This won't work for a Traditional IRA. Each dollar you take out is presumed to be a mixture of both principal and taxable growth. But the dollars in a Roth IRA are "layered." Interesting.

Withholding Tune-up. Now that 2000 is more than half over, review the withholding from your paycheck. We did a rough projection of your 2000 tax when we did your 1999 return. How are things going? Does your withholding took about right to keep up with your tax bill? If it doesn't, we should talk very soon. You don't want a nasty surprise next year when it's time to file.

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August 15    Extensions to file 2001 Form 1040 expired.
Sept.    3rd quarter estimated tax payments due.
October 15    Final extensions to file 2001 Form 1040 expire.
December 31     Last chance for deductions in 2000 Federal return.
January 15    
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