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Information provided on this site is for general guidance only and
is often simplified. Actual IRS procedures are complex, and taxpayers
should obtain professional assistance or use IRS sources for complete
information.
IntroductionA brief review of the place of tax shelters
in the American tax landscape.
There
are many methods by which taxpayers shelter
their losses, but these three characteristics
are usually found in tax shelters, either
separately or in combination:
Taxes are deferred to later years;
Ordinary gains (100 percent taxable) are
converted to capital gains (only 40 percent
taxable), or capital losses (only 50 percent
deductible), are converted to ordinary
losses (100 percent deductible); in both
cases producing a lower tax liability;
Leverage is obtained through various financing
arrangements.
Deferral
also occurs when excessive deductions are
taken in the early years of a tax shelter,
a practice the IRS calls "front end
loading." Examples of illegal front
end loading practices are:
Deducting capital items by classifying
them as advisory fees, management fees,
or interest;
Deducting prepaid interest;
Not including prepaid income;
Deducting excessive depreciation, amortization,
or depletion by using the wrong method,
too short a useful life; and/or too large
a basis.
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