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Enjoy, as a former Philadelphian.

[[1]] [[2]]

Podolin 16:05, 20 December 2011 (UTC)

Good Morning, David. I know you use ProSeries and I was wondering if the program has password encryption. I email returns to some clients to review, sign 8879's, etc. and I tell them to use the last 4 digits of their SSN which I encrypt the pdf using Adobe Standard 8. I read that Drake offers encryption in their tax program but I don't think Proseries does. If you don't mind me asking, what do you use to transmit returns electronically? thanks, Paul BrushPBinNJ 13:16, 23 February 2012 (UTC)

D&T, thanks for the note re Philly Orch members. I imagine they are interesting folks to know. i assume when you were in Fidel Bldg. you had many more. My love for classical music goes way back. My Dad was a Russian Jewish immigrant in the early 1900s. He loved and was openly emotional about it. He tried to make a violinist out of me, but it didn't take. But he took me to several concerts at the Academy (way better than the Kimmel Center where they now play), and that did take. To this day, when I hear certain pieces played, even on disc or radio, let alone live, I cry. Thanks for writing. Len Podolin



"about 15-20 clients are members". OK, and I assume, about 15-20 members are clients too? Sorry, just can't stop myself. BTW, forgot to mention, we sat in the very highest seats at the Academy because at $1.00 per ticket, it was all my dad could afford.

Can I efile NJ Nonresident using ProSeries basic?

PA resident, worked in NJ and employer withheld NJ. I know the routine with the NJ Non-resident to get the refund and PA resident return where he'll owe.

I've never done one of these on Proseries Basic before and I know that NJ will not refund the taxpayer unless the return is submitted with that reciprocal statement "I swear that I'm a resident of PA, blah, blah, blah". Is there any way to add this to the e-file or does the client have to mail in a paper return?

I appreciate the help - I am truly cursed when it comes to using that yellow search box DJCCPA 00:09, 11 March 2012 (UTC)

Thanks for answering so quickly!

It's an issue specific to PA residents working in NJ - from page 7 of the NJ nonresident return instructions "Signed Statement. Pennsylvania resi- dents employed in New Jersey who had New Jersey income tax erroneously with- held must enclose a signed statement declaring the following, “Under penalties of perjury, I affirm that I am a resident of the Commonwealth of Pennsylvania and that, pursuant to an agreement existing between the Commonwealth and the State of New Jersey, I claim exemption from payment of New Jersey gross income tax on compensation paid to me in the State of New Jersey. I understand that under the agreement between Pennsylvania and New Jersey this information is available to the Commonwealth of Pennsylvania.”"

The only reason I even know about it is because I used to have to send the statement when I worked in NJ for a contractor. I was the only PA resident and they wouldn't withhold for me and after NJ holding my refund two years in a row, I learned that I had to mail a paper return with the statement. I'll probably have the client do that - rather deal with it now than get a phone call from him later.

Thanks again! DJCCPA 00:31, 11 March 2012 (UTC)

Inquiry (curiosity)

Hey, D&T - I saw that you've supposedly posted 3 times to the "back in the day" discussion. But post #2 doesn't sound like you at all...

The site has been having these strange issues with the wrong user name appearing on posts, due to something the Intuit programmers did to speed up the site. It has something to do with how posts are cached, apparently. Anyway, I was wondering if perhaps post #2 of yours was really not yours, in which case I'll remove your user name from it (I'll probably change it to "Unknown OP" even though that isn't an OP actually - the user name is handy and already exists).


Trillium 18:08, 13 March 2012 (UTC)

Thanks (and I'm relieved)

I guess I'm losing my touch on being able to tell who has posted just based on "style." But I'm glad all three posts were yours. This bit with the caching errors has been too much of a problem; I'm glad it hasn't caught you up in it.

Thanks for responding,

Trillium 02:13, 14 March 2012 (UTC)

PTPs - oil & gas for PA

You have mentioned the crazy reconciliation needed from federal to PA Do you have a spreadsheet "formula" you use? If you do could you send me a copy. Having trouble with a Kinder Morgan K-1. Thanks! Szptax 14:02, 11 April 2012 (UTC)

PA & foreign earned income

Hi D&T - I am reasonably sure PA does not allow the foreign earned income exclusion and I found your comment in this link

Is this still correct? I looked all over the PIT book, but couldn't find it spelled out. Thanks!


Post Office Havertown not good ol' days



Hey David,

My clergy client wishes to force the issue of housing allowance from their pension that was transferred. Here's the link to the conversation you assisted with

I've told her I don't think so. That their IRA they transferred church funds into doesn't qualify and that based on what I know of the law that I cannot argue that it should be. I'm aggressive as can be if client wishes, but I still need to be able to argue the merits.

In your opinion, do I have a argument for using the housing allowance and can I use it without having it disclosed as one of those of questionable positioning?

Any advice would be appreciated.

Will also post and call forward the other threads.

Fsteincpa 14:16, 9 May 2012 (UTC)

We are in agreement

I only asked again because your comments on the non-qualified plan. I have told her no and boy did she have a fit. She used to get a housing allowance of $20,000 but then deducted $50,000 in housing expenses, taking the $30,000 loss against other income.

Took me 3 years to stop this and then he retired and she wanted the housing allowance used and for 2010 I didn't. We had that whole pool audit/health deduction audit that I won for her then too. Fast forward to now, she wants the deduction and I said no, that Rudy might let her, but I need to provide for my family the next 20 years, Rudy and her not so much. She said that maybe she should talk to Rudy and I said fine, but it's still not being filed using my software.

That link is to someone I would imagine is an expert and they say the same thing. Case closed, no longer researching, she can stay or go, I am fine.

Fsteincpa 14:44, 9 May 2012 (UTC)

Practice Before the IRS

Hey D&T, always enjoy your posts, appreciate the unique combo of expertise and humor you bring to the forums. Question: is there a forum that specializes in tax collection/appeals/resolution matters? Most of what I see online has to do with tax prep, but I'd also like to plug into an EA forum that might focus more on "Practice before the IRS" matters. Thanks much! Anchorman 15:57, 9 May 2012 (UTC)Anchorman

Need a tip, David...

Hi David, can't resist asking you this since it's probably half your client base!

I have a client, married (disabled husband) who's been a FL resident for many years. Now taking a job out of NY (not the city) and will rent apt in NJ while husband remains in FL.

Knowing that NY believes the worlds' income is theirs to tax, I know she'll be paying them. As a NJ resident, what credits will NJ allow of that NY taxation? Anything else I should know?

Thanks, Jeff

Thanks, David

That helps. So we'll definitely agree to her being a NJ resident! Send out the welcome wagons...yeah, I'm not quite sure how she lives in NJ and doesn't work in NYC, but rather, NYS...and how often she'll actually BE in NY and not just working from home...gotta find that out. Appreciate the tips. Jeff

Guess whose records were sent to some base in the Middle East, and who didn't get their check the next month?

D&T, I didn't know that practice was so widespread. I was in the Finance Office in Heidelberg, Germany and an occasional record went to Korea "by mistake." And, amazingly, the payroll records were one 8-1/2 x 11 card on which, each month, manually, we posted the guy's pay. In pencil! And he had to report to the Captain and collect it in scrip, spendable on the base. One of my favorite phone calls of all time was when I, as a Pfc., called a Colonel and told him we were disallowing some of his travel and per diem expenses. Ah, memories. Podolin 00:48, 2 June 2012 (UTC)


Twice in my eighteen months, a fresh faced 2nd Looey discharged his pistal, once inside the office into the floor and once just outside. Too funny! Your memory is probably better than mine - didn't either an NFL star or a rap star shoot himself in the foot about 3 or 4 years ago?

The other GI payroll problem used to be the similarity in names. Apparently, in some Hispanic countries, Garcia is like Smith. I remember one soldier whose name was Garcia Garcia de Garcia. Podolin 15:21, 2 June 2012 (UTC)

PTP's or maybe I mean PCP

Hey David,

Hope the summer is finding you well and relaxed. I have a question and hope you can lead me in the right direction.

I am in the process of wooing a new client that has many many different entities that need tax work and he also has another set of entities that get audited by one of the big 4 to the tune of $400,000+ annually.

Anyway, the one entity has a bunch of 1120's and partnerships in the annual billing range of approximately $50,000. The current firm is a larger regional firm and is billing about $900 for a no activity 1120. If I cut that in half, it still beats what I get for zero activity returns.

The question I have is that within the bundle are 3 PTP's, Two of which are winding down and could/should be closed out.

I've never dealt with PTP's from a preparer standpoint and want to know from someone who knows whether it's even something I should look to get involved in. I don't mind learning curves. And the tax returns would just be the beginning as there would be consulting opportunities going forward as well.

The PTP's are in different states, but none are in more than one other state besides NY.

I'm looking for the negatives involved, sometimes, the fees received don't justify the exposure received. And while new summer time revenue of $25,000 plus annually is nothing to sneeze at, some things aren't always worth the risk.

Thoughts, please.

Fsteincpa 19:36, 3 July 2012 (UTC)


From what limited research I have done, I am thinking I will need a mentor/partner on this one.

Off the top of your head, are any of the TAer's we know that might know PTP's?

I guess as if it gets closer to reality I can post and find out. There are also a few local firms that might be able to assist, but I'd rather keep it smaller rather than larger.

Thanks David.

Fsteincpa 23:26, 3 July 2012 (UTC)


You mentioned PSFS in a recent post, and yes, of course it brings memories. (The building at 12 S 12th is still called the PSFS Building, so far as I know, and the big red letters are still on top. It may even be historically certified). My Dad once had an office there (maybe in the '30s or '40s). Back when it was common for IRS agents to invite tax practitioners to their retirement party, which I assume is not allowed these days, I went to one around 1980 or so, and one of the agents there recognized my last name. He had been a mail carrier before becoming an agent, and had delivered mail to my Dad's office. I also had a savings account there as a school child during WWII. Ahh, memories. Podolin 23:24, 18 September 2012 (UTC)

self empoyment liability. I asked if you have a full time job and do side work and receive a 1099 do you have to pay self employment tax on this extra income. You asked what kind of side work, this person installs carpet.

thanks for you help



D&T - I thought you'd like this one, especially because of the location...Allan Gardner is a friend of mine. David Horan makes a few comments in the article. He's a well-known admiralty attorney in Key West, who successfully argued before the Supreme Court on Mel Fisher's behalf regarding the Atocha.

Ckenefick 15:43, 23 September 2012 (UTC)ckenefick

Point Breeze Podolin 14:41, 27 September 2012 (UTC)


Your note re Alan Heavens got me thinking of my own career, espec. the early days working part-time for Jack Gantman, CPA, whose office at 2025 N Broad was convenient to my classes at Temple. Hired at $1.25/hr., raised after a year to $1.40, woo hoo. Chose Big 8 over his offer at grad., though start sal. was same ($5,100 yearly). Never regretted it.

One day, we need to meet over coffee, beer, or whatever. My ability to leave the immediate area (home in Haverford) is limited by wife's disability, but maybe we can work it out if you are down this way. Podolin 15:33, 27 September 2012 (UTC)

Small world

My daughter and family also live across from Penn Wynne School!

CK's Idea OT

I assume that note (unsigned) was from you. Yup, sure do remember. Still goes on. Podolin 15:21, 26 October 2012 (UTC)

Qualified Charitable Distribution

Hello Dave, It's been quite a while since I've bothered you. Re the QCD, I believe it expired 12/31/11 but can't find a definitive yes or no. Can you confirm that it did expire 12/31/11? thanks, Paul Brush p.s. good luck with Hurricane Sandy

Thanks, Dave. She won't make a contribution for 2012 unless its a done deal by congress. I would think that if it is done for 2012, it would also apply to 2013 given the timing because at this late date, so many people would miss out on it or am I naieve?


Hope you are safe and secure. Batten down the hatches, whatever that means. Is your location historically vulnerable? Podolin 00:48, 29 October 2012 (UTC)

Have you ever listened to this Slavoj Žižek guy?

Check out some of his videos on Youtube if you have not experienced this fellow. He's the one peddling his new form of communism. I think he's actually having a joke on the book buying public, but the man himself is a bit of a comedian/ philosopher. In every lecture he seems to change his definition of "communism". The young people love him. The Greek radicals love him, etc.

Europe has taken a great interest in philosophy again. All the more reason to encourage relatives to stay clear of the military. For some reason I get the feeling with all this economic woe we could have another war of some kind. Naturally all the southern Europeans hate Germany now. lol. I don't think we'll have any kind of Total War, or war in Europe, but the human race just seems primed for a fight. I hope not. Take care. Gazoo 23:27, 14 November 2012 (UTC)

I forgot

I forgot to say that I hope things are going better on the home front even though I'm sure it's one irritation after the other. Good luck getting back to normal up there. Gazoo 23:30, 14 November 2012 (UTC)

Zizek on Charlie Rose

In case you have not experienced this fellow. Gazoo 23:47, 14 November 2012 (UTC)


What was WIP prize, had you found the key? Podolin 16:00, 6 December 2012 (UTC)

Uncle WIP and Bloopers

You may be too young to remember Uncle WIP, a WIP children's program when i was a child. I can't prove it, but it was rumored he was fired after his program ended and, unknown to him of course, his mike was still live. His closing was always something like "Goodnight, all you sweet little ones out in WIP land" but he added "spoiled little bastards". Maybe true, maybe not.

Another blooper - also one I can't prove - was a live commercial for Bond Bread. The line said was "Always demand the breast in bed". The correct version is obvious. Podolin 18:21, 6 December 2012 (UTC)

Salary payback PA

Wow. Never encountered it. Let me contemplate and I will be in touch. Consider posting, as there are a few PA TA users. I will also run it by someone I know who is pretty good at this. OK? I won't unless you say so. Podolin 18:57, 27 December 2012 (UTC)

One more PA matter

Federal/state info sharing? Podolin 12:36, 28 December 2012 (UTC)

1341 PA issue

Here is my e-mail. address: . Send me an e-mail and I will reply with a thought not included in my posting. Still a long shot, but an idea tha can't hurt and costs zero to find out. Podolin 12:36, 28 December 2012 (UTC)


I played with the name to come up with a hip-hop Death & Taxes....she suggested Def & Taxz but that was too extreme. mos' def' David, I rec'd. your e-mail and will respond shortly. Len Podolin 15:58, 28 December 2012 (UTC)

"Alimentary my dear Watson..."


Spell Czech

"Alimentary my dear Watson..."


Spell Czech

Just to make you remember Delco Podolin 16:03, 19 January 2013 (UTC)


Would you be willing to email me a redacted copy. I'm curious as to how much/what info you put on it and can you tell me how long it took for them to respond to the request?

War Stories

Those are some pretty good war stories. Very hard to top.

By the way - that recent post of mine - completely made up, but don't tell anyone.

Ckenefick 04:45, 10 February 2013 (UTC)ckenefick

PAL limits - primary residence

D&T, thanks for your post on my recent discussion regarding the Top Gun pilot who rented his primary residence for part of 2012 before moving back into the property. I'm kinda sitting dead in the water at this point on this issue. Hoping you could elaborate on your question--why you asked it, and the implications. Thanks so much and continued success to you! Anchorman 12:51, 22 February 2013 (UTC)Anchorman


Thank you for your help. I greatly appreciate it. Love the picture of your friend in your profile. Mary McDevMCMCDEV 18:06, 11 March 2013 (UTC)

PA Business Activities Questionnaire

Mr. David,

I have a client that is a trucking company and they received a letter from the commonwealth asking them to complete this form, the REV-203D.

I don't believe they've ever filed anything in Pennsylvania.

If needed, are you available for questions, and/or a referral strictly for the Pennsylvania portions?


Fsteincpa 18:00, 18 March 2013 (UTC)


On your last post, did you omit a link, or should the first word be "There"? Hope your season is going well. Podolin 23:31, 21 March 2013 (UTC)

Good morning, David. If you don't mind, I have a 1099-SA problem. Client has W2 Code W for 3,900 in box 12c and was issued a 1099-SA from employer Wells Fargo for 2,999.14 in box 1 Distribution code 1 for HSA. His W2 box 1 is about 301k. Says he used all the funds for legit medical purposes but the 3,900 shows up on line 21 of the 1040. I've scoured 8889, checked the box that indicates HSA used for qualified medical expenses but line 21 still shows 3,900. Everything I've read seems to indicate that employer contributions are not taxable if used for qualified medical expenses. Medical deduction on Schedule A won't get him anything. Can't figure out what I'm doing wrong if anything. Like you, I'm using Proseries. Thanks. Paul Brush 732-330-1932 cell or

Good morning, David. If you don't mind, I have a 1099-SA problem. Client has W2 Code W for 3,900 in box 12c and was issued a 1099-SA from employer Wells Fargo for 2,999.14 in box 1 Distribution code 1 for HSA. His W2 box 1 is about 301k. Says he used all the funds for legit medical purposes but the 3,900 shows up on line 21 of the 1040. I've scoured 8889, checked the box that indicates HSA used for qualified medical expenses but line 21 still shows 3,900. Everything I've read seems to indicate that employer contributions are not taxable if used for qualified medical expenses. Medical deduction on Schedule A won't get him anything. Can't figure out what I'm doing wrong if anything. Like you, I'm using Proseries. Thanks. Paul Brush 732-330-1932 cell or 15:40, 21 April 2013 (UTC)

Did you get my message?

Hi David, I'm not sure I did this correctly because I don't do these messages very often. I tried to leave you a message this morning about an HSA I'm having a problem with and I didn't put the four tildes at the end so I resent it I think. Just want to know if you received it ok on your discussion page. Thanks, Paul Brush PBinNJ 17:27, 21 April 2013 (UTC)

HSA didn't work


been away in our RV in Jackson (40 minutes away) and am leaving again tomorrow for PA Dutch country. Saw your posting but we were getting ready to leave. Now with a little time, I cannot has nothing to do with the SA-1099 benefits since the number is the same as the premium. It should appear to the right, also, on the W-2 worksheet and then move itself to 8889. The important thing here is checking the block for self-only coverage and having a zero on Line 2 of the 8889. I suspect you have entered the 3K there. Death&Taxes 18:02, 21 April 2013 (UTC)

Resolved the 1099-SA issue

This is what I did on 8889: Line 2 entered zero; line 3 checked family (he's married with 2 children); 6,250 filled in on line 3 smart worksheet and entered 6,250 on line 3. Code W on W2 for 3,900 and 1099-SA was for 2,999, code 1. Result was nothing on line 21 of 1040. This has been a good exercise for me and I thank you for your help.PBinNJ 22:43, 24 April 2013 (UTC)

Help this guy

David, you are the ideal person to extend a helping hand to this guy. Discussion:Starting a new firm... Brand new in Philly and wants to start from scratch. Wow! Podolin 23:16, 3 May 2013 (UTC)

Just another day in Haverford Township Podolin 15:16, 4 May 2013 (UTC)

Real Estate Investor Question

D&T, always chuckle (well...almost always) when I read your posts. Regarding your reply to one of my questions this week... if a sole proprietor real estate investor was a dealer/flipper, rather than a buy/hold/rent investor, then would that change the picture as far as putting indirect expenses on Schedule C? Thanks and be well!Anchorman 16:08, 9 May 2013 (UTC)Anchorman


Do you remember Teachers Service Organization (Philly), later called TSA, Inc., then Advanta Corp.? Started in the 40s by a teacher named Jack Alter, essentially a finance co., similar to a credit union. Son took over, made it huge. Son spent over $50 million on a residence, currently listed for sale at about $30 million. No takers.

Advanta bankrupted about 2-3 years ago. It had owned a bank. Here is the latest. What goes around…

Podolin 02:10, 19 June 2013 (UTC)

Mission Accomplished

Prior to the events of 911, they had their gang holding the reigns at the Pentagon. Wolfson, Rumsfeld (2x defense secretary), they had Cheney over at the White House (former defsec), there were others I can't remember their names. Bush the Younger didn't know what had hit him when things started to unfold on the way over to the school down in Florida.

This was the noble lie in technicolor, and of course, it moved right on to Iraq from there. My opinion, but I am as sure of it as I am alive. All these conservatives were drinking from Plato's cup via Strauss. I really shouldn't blame all this on Plato, it was just one sentence in the Republic, and Plato was well aware that his Republic was unlikely to ever come into existence. If I am extreme, it is because we are in danger; but honestly, I don't know if the lambs care anymore. Why do I trouble myself? It's bad for my health. :) Gazoo 19:38, 1 July 2013 (UTC)



I'll be in Philly later this month. I've contacted Lenny (Podolin), hoping we could all do lunch. The only day that works for him is 7/25...will that work for you? Can you meet us for lunch that day? How far are you from Philly?

Also, my email address is Might be easier to communicate that way.

Ckenefick 00:37, 8 July 2013 (UTC)ckenefick

Big Party

Glad to see you're back. You missed a Big Party with Lenny and I in Philadelphia a few weeks ago...It was crazy.

Ckenefick 19:45, 16 August 2013 (UTC)ckenefick

and the beat goes on - Delco

Enjoy -

Mann Center

If we ever meet in person, remind me to tell you a rather heartwarming story about when my wife and I attended opening night there and came out after the concert to find our car had burned to a crisp. Podolin 01:53, 4 September 2013 (UTC)

Booster Club

Lower Merion, I would not care. Now mention Haverford and I'd look pretty carefully - might even defend pro bono. Podolin 15:25, 16 September 2013 (UTC)


2 of 7 grandkids went to Haverford High. 2 went to LM, but not involved in sport. I went to Central (Philly). I attended many an UD Summer Stage program. Fond memories. Podolin 15:50, 16 September 2013 (UTC)

Bartles and Ja(y)mes

Nice touch. And nice story. Ah, memories. Podolin 17:24, 16 September 2013 (UTC)

Why he

Why this gentleman left government service, I'll never know. I mean he seems made for government work. He put the whole board on a "need-to-know" basis. This man is made for (computer generated) form letters back and forth that never answer the question. Never even address the question. I mean, we all have problems, but my God this man was made for government work. :)

ChrisK isn't feeding you questions

Are you sure ChrisK isn't feeding you questions?  :)

David, You are a wise man! My question is made up. But it came from my own little brain. If it came from Ck it would have had a better title and a much better set up. It is a deviation of a different-but-similar issue I have been pondering for a while on a real-life client matter that has to do with reallocating the tracing of interest on rental properties. I thought this made up issue with its non-deductible interest problem would get more attention.

--Wiles 16:08, 30 September 2013 (UTC)

passive investor and sec 179

TP has a K-1 from a pizza business with $56K of ordinary income (Box 1) and $54K of section 179 deduction (Box 12). By Sec 469 regulations, he is a passive investor. However, by Sec 179 regulations he "meaningfully participates in the management of operations" of the pizza business. I understand that the $54K of Sec 179 deduction can not offset the $56K of passive income from the pizza business. The TP has $15K of Sch C and W2 income. Can the $15K of the Sec 179 be used in the current year and $39K carried forward? I always thought that passive deductions can not offset non passive income. Is there something unique about Sec 179 deduction that allows this?

Thanks for you help.

Thanks - reciprocal

David, I searched "reciprocal" on PA D of R site and quickly found the form. It is REV 419-EX. Thanks again. Podolin 15:29, 14 October 2013 (UTC)

What's in a name

Did Lidle represent Liddle?


Quick Penn Question.

Are all the local tax rates 1 percent? I have a client, just moved there and his employer withheld 1/2 of one percent on 300K of income. The withheld about 1,800. he seems to owe another 1,800.

Caropalo... near Pittsburgh.

I am not familiar with the local taxes... any thoughts?

This is a fortune 100 company. Why would they withhold 1/2.

Matt @ mattjelnickycpa . com

DT... Quick Penn Question. Are all the local tax rates 1 percent? I have a client, just moved there and his employer withheld 1/2 of one percent on 300K of income. The withheld about 1,800. he seems to owe another 1,800. Caropalo... near Pittsburgh. I am not familiar with the local taxes... any thoughts? This is a fortune 100 company. Why would they withhold 1/2. Matt @ mattjelnickycpa . com

Thank you!!!!

Stay Strong, D&T!

I was so sorry to hear that you've been diagnosed with ALS. Yours is one of the voices at TaxAlmanac I quickly grew to respect, and thus eventually -- weird how this works -- came to vaguely feel as though I know you. Which explains why I was so shaken to read your announcement. I'm happy to hear you've found your way to a top-notch medical team and have other resources to help you deal with it. Best of luck in your fight!

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