Martin Silver, PS

Attorney at Law

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Budget Cuts Strap IRS – But No Free Ride for Certain Filing Missteps

July 26, 2014 by Martin Silver

It is common knowledge among tax practitioners and the informed public that the IRS is strapped for funds, and that this has made it very difficult to reach IRS personnel, reduced audits and slowed collection activities.  But we have heard clients and others say that because of this they are taking little care in what… CONTINUE

Filed Under: Tax News

Sometimes an IRS Mistake is a Good Thing

July 7, 2014 by Martin Silver

It is easy to get discouraged by income tax bills, but it is a bad idea to get discouraged about a tax bill while there are still opportunities to contest the bill.   If a client is willing and has a reasonable basis for challenging the validity of the bill we usually encourage him or… CONTINUE

Filed Under: Federal Tax News, Internal Revenue Service

It May Be a Good Idea to Know Tax Collection Procedure Before Filing

April 5, 2014 by Martin Silver

On March 11, 2014, I was online at CNN’s homepage and came across a link to an article called “Can’t pay Your Taxes?  Don’t Panic:  Here’s What You Need to Know.”  I assume that the article was targeting income tax filers in contemplation of the current filing season, and it was correct enough as a simple explanation.  But, as often happens when a complex… CONTINUE

Filed Under: Internal Revenue Service

Rev. Proc. 2013-34 Good News for Innocent Spouse Claims

February 13, 2014 by Martin Silver

Back on January 5, 2012, the IRS issued Notice 2012-8,  which was a proposed Revenue Procedure that would  expand and liberalize the IRS procedures for evaluating Innocent Spouse claims.  On September 16 ,2013, after a period of taking comments on the proposed new procedures, the IRS issued them in final form as Rev. Proc. 2013-34.  Rev. Proc. 2013-34 is effective… CONTINUE

Filed Under: Federal Tax News, Tax News

New Year’s Eve Court of Appeals Decision Roils Washington’s Nexus Waters

February 2, 2014 by Martin Silver

Washington law provides that for this State to assert B & O tax jurisdiction over an out of state business that makes wholesales into this State two things must occur:  (1) the seller must have nexus with this State, and (2) the goods must be received by the buyer in this state.  WAC 458-20-193(7).  That there… CONTINUE

Filed Under: State Tax Appeals, State Tax News, Tax Appeals

Confusion and Expense for Small Businesses Dealing with Washington Cities’ B & O Taxes

January 14, 2014 by Martin Silver

The Association of Washington Cities states that as of October 2007 approximately 188 cities required a local business license (including the 40 with a city B & O tax).  The city B & O taxes, like the Washington Sate B & O taxes are levied at a percentage rate on the gross receipts of the… CONTINUE

Filed Under: City Audits, City Tax Appeals, City Tax News, Tax News

City of Seattle’s Year-End Repeal of a Confusing Piece of Legislation

December 31, 2013 by Martin Silver

In an article I posted on Nov. 13, 2013 (“The Continuing Debate over Defining Taxable Income”) I discussed the 2011 case of Getty Images (Seattle), Inc. v. City of Seattle, where a Washington Court of Appeals agreed with the City of Seattle that amounts received by Getty were taxable income and not non taxable loans.   The… CONTINUE

Filed Under: City Tax News

Unsure if You Have to Collect Washington’s Sales Tax on Your Service Activities? – You May not be Alone.

December 19, 2013 by Martin Silver

Businesses that provide services generally know whether or not they are required to collect sales tax.  But sometimes there are cases where the law is unclear whether or not sales tax must be collected.  Often, in fact, the Department of Revenue may treat taxpayers within the same industry differently, ruling in some cases that a business must collect… CONTINUE

Filed Under: State Audits, State Tax Appeals

Court Rejects City of Seattle Overreaching

December 12, 2013 by Martin Silver

            Many businesses are surprised not only that the City of Seattle has a tax on business receipts to begin with, but that the City of Seattle attempts to extend its taxing authority so far. This article looks at one case in which the courts drew a line – a case involving the well know… CONTINUE

Filed Under: City Audits, City Tax Appeals

The Continuing Debate Over Defining Taxable Income – Getty Images (Seattle), Inc. v. City of Seattle and Klein Honda v. State of Washington

November 12, 2013 by Martin Silver

In 1960, the US Supreme Court ruled that when Mr. Berman gave his friend, Mr. Duberstein, a Cadillac to thank him for some business referrals, Mr. Duberstein (who thought he had received a gift and did not report it as income) had to include the car in income as taxable compensation.  The Supreme Court said… CONTINUE

Filed Under: Audits, City Tax Appeals, State Tax Appeals, Tax Appeals, Tax News

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About Martin Silver, P.S.

Licensed to practice before the U.S. Tax Court and Washington State and Federal Courts.

Widely recognized authority and lecturer in State, Local and IRS tax matters.

Author of Washington Taxes: Representing Taxpayers Before the Washington Department of Revenue (Butterworth Publishing, 1992), and numerous articles.

"AV" rated by Martindale-Hubbell, the nation's most recognized legal directory.

Contact Us

Martin Silver, P.S.
1420 Fifth Avenue, Suite 3000
Seattle, WA 98101-2393

(206) 224-3461 phone
(206) 224-3459 fax
msilver@wolfenet.com

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