- Don’t Get Caught in Section 79 Trap
One doctor almost lost everything ………..
- Don’t Get Caught in Section 79 Trap
- One doctor almost lost everything ………..
- In 2006 Doctor X found himself in what he thought was
- the pleasant position of having a substantial amount of
- cash on hand that was not essential to the operation of
- his practice. That comfortable feeling did not last long.
- He quickly fell prey to a predatory insurance agent who
- sold him on the idea of Section 79 scam as a vehicle to
- obtain tax deductions. Of course what really interested
- the insurance agent was the funding vehicle, a large
- life insurance contract with American General as the
- insurance carrier, which just happened to net the
- agent a large commission.
- Unfortunately, the large, questionable tax deductions
- claimed by Doctor X indeed attracted the attention of
- the IRS. As a result of their audit, the IRS not only
- disallowed all of the tax deductions, but also imposed
- back taxes, an array of penalties, and interest, turning
- the doctor’s anticipated investment vehicle into
- something that could cost him everything he was
- saving and more. As if that weren’t bad enough, even
- that Draconian action was not the end of the story.
- None of his so-called financial advisors had told Doctor
- X about IRC Section 6707A. Under this section of the
- Code, huge fines can be imposed on those who fail to
- inform the Service about participation in listed or
- reportable transactions, or transactions substantially
- similar to listed transactions. Loosely defined, a
- reportable transaction is any transaction that has the
- potential for tax avoidance or evasion. Since he had no
- knowledge of this requirement, the doctor did not make
- the proper filings under Section 6707A, and is now
- also being threatened with monstrous fines for that
- failure to submit the proper forms in the proper format.
- Although these issues had the potential for great
- disaster and great financial loss for this doctor, all the
- anxiety and stress he has been suffering over this
- matter may soon have a happier ending than he
- expected at its onset because he had the sense to
- contact us for help, perhaps just in the nick of time. As
- a result of putting experts with a great deal of
- experience on his case, he now stands an excellent
- chance of having at least some of the penalties from
- the original audit abated. He will probably be able to
- recover the money that he sank into that large
- American General life insurance contract as well.
- Sometimes a properly worded letter to the insurance
- company is all it takes. Last, but certainly not least,
- Doctor X also has an excellent chance of avoiding the
- large Section 6707A penalties, as our experts in the art
- of filing late without paying fines are currently at work
- on that as well.
- The information provided herein is not intended as
- legal, accounting, financial or any type of advice for
- any specific individual or other entity. You should
- contact an appropriate professional for any such
- advice.
Serving Clients Nationwide
Lance Wallach Expert Witness
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