[quote author="OCCOBRA" date=1231860980][quote author="OCCOBRA" date=1231860824][quote author="awgee" date=1231631579]The IRS does not target Mellos Roos nor does the IRS ignore Mello Roos. If the amount deducted for property taxes falls outside the programmed flag amounts, the return will be reviewed and a CP2000 will be sent for evidence or adjustment. If the amount of property taxes is determined to be incorrect, the IRS will not ignore the error and will hold the taxpayer liable for the incorrect amount plus penalties and interest.
If a return is reviewed for reasons other than flagged property tax amounts, and the initial extra assessment is not paid immediately, chances are good the whole return will be audited and the non-deductible property tax amounts will be disallowed.
The IRS does not ignore any aspect of tax code.</blockquote>
The IRS does not ignore any aspect of tax code. "I actually laughed out loud on that one"
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I call BS as the IRS does not know and has never made a ruling on Mello Roos and what you can and can not write off on a CFD aka Mello Roos. Think maintenance of existing infrastructure and administration costs as among the few of those write offs. The CP20000 makes me think of the Doppler 2000 weather radar for ABC which only makes me start to think of Austin Powers. For the small amount that the IRS would get from someone not paying their mello roos portion of their tax is just not worth their time. And if the IRS did start to go after people for this small amount it would be a political nightmare that they do not want the bad exposure especially in this crappy economy. In the 17 years i have been selling new homes and being in the business i have never seen or heard of the IRS going after someone for not writing off Mello Roos. I am sure there is a case or 2 but nothing i would worry about. Now as an licensed agent i tell my clients you can not write mello roos off and you need to check with your CPA. I do not buy the IRS being that sophisticated as you state period. Hell it took them how many months to get the stimulus checks out (had to reprogram the computers for months on end) and i doubt they are going to go after small peanuts by people who have been writing off Mello Roos since 1983. Sorry just don't buy it...</blockquote></blockquote>
Just because the IRS does not have the capability to enforce every rule or provision for every single person, in the event you get caught, it is true the IRS is not simply going to ignore what the tax code says. I take the position if you're someone who breaks the rules or law and don't get caught, you are just lucky. It will bite you in the ass one way or another. But at the end, it's just about risk analysis and what you're willing to bear. These people you speak of have apparently been able to evade audits - good for them. Some of us may not be so lucky.