The Most
Foolish Tax Write-Offs Ever Attempted
Witchcraft, Sperm Donation, Arson top
TurboTax List of Misguided Efforts to Avoid
More Taxes
The makers of TurboTax contend they aren't
pulling your leg - the tax preparation software
company has compiled what they say are real
examples of foolish deductions people have tried
to claim when filing their taxes.
In honor of April Fools' Day, Thursday, TurboTax
provided their list of the 12 Most Foolish Tax
Write-Offs Ever Attempted, and the ludicrous
reasoning behind them.
Including arson and witchcraft, the list
provided to CBS station KPIX by the
public relations firm for TurboTax also included
free beer, bribery, sex toys and ostrich
depreciation.
Here's the list in more detail:
Sperm donation
In 2008, New York City resident William Magdalin
cleverly tried to squeeze through a legal
loophole that allows the deduction of sperm
donation costs. Unfortunately for Megdalin, the
U.S. First Circuit court of appeals upheld an
earlier court decision to strike down his
scheme. The court decision reads, in part: "The
various expenses incurred by petitioner [Magdalin]
were not for the treatment of any underlying
medical condition suffered by the taxpayer; as
noted, he stipulated that he was not infertile
and that his previous children had been produced
by natural processes..."
Witchcraft
In an article on bizarre tax breaks from around
the world, London's DailyMail newspaper reported
on Netherlands resident Margarita Rongen. She
was dubbed the "tax-certified witch" who
successfully wrote off the costs of such
training as "healing with herbs and stones,
making potions, divination and fortune telling
with crystal balls and hieroglyphs" as qualified
education expenses in 2005.
Free beer
Giveaways are common sales tactics, and it may
seem ordinary that a business owner would try
deducting the costs of running them. But perhaps
no giveaway was as destined for IRS scrutiny as
free beer, which a gas station owner reportedly
offered up to his customers instead of trading
stamps. Amazingly, the alcoholic deduction
withstood legal challenges as a legitimate and
defensible business expense.
Arson
A Pittsburgh, Pennsylvania furniture store owner
hired an arsonist to burn his building down
after trying and failing to sell the business.
He might have gotten away with it if not for
what he included on that year's income tax
return. The disgruntled shopkeeper received (and
reported on his tax return) a $500,000 payment
from his insurance company, but he also "wrote
off the $10,000 "consulting fee" he paid the
arsonist." Once the IRS caught on, the
shopkeeper got slapped with over $6,000 in fines
and both he and the arsonist got sent off to
prison for insurance fraud.
Bribery
Bribery was once a legally sanctioned,
tax-deductible activity in Germany. While not as
many people as you might expect actually used
the deduction (because both the source and
recipient of the bribe had to identify
themselves) the controversial write-off received
a steady barrage of criticism. Eventually,
German politicians opted to repeal it.
Fallout shelter
A man built a full-fledged, underground nuclear
fallout shelter in his backyard during the
U.S.-Soviet Union arms race. His income tax
return for that year tried to deduct the costs
of building the shelter as a "preventative
medicine expense," but the IRS immediately put
the kibosh on the attempted write-off.
Sex toys
Australia took the decidedly unusual step in
2006 of allowing prostitutes, strippers and
other members of "the sex industry" to deduct
the cost of buying sex toys.
Clarinet lessons
The Houston Chronicle reported the story of how
playing the clarinet demonstrably lessens the
pain of overbite, an agonizing tooth defect. And
so, parents have been permitted to write off the
costs of clarinet lessons as a legitimate
medical expense. As the Chronicle explained,
legally deductible medical expenses "involve
diagnosis, cure, treatment or prevention of a
disease or health condition for you, a spouse or
a dependent."
Breast Implants
Few things epitomize the idea of a ridiculous
income tax write-off more than breast implants.
But Cynthia Hess (better known by her stage
alias of "Chesty Love") defended her deduction
all the way to the United States Tax Court and
prevailed. The court conceded that since Hess
earned her living by stripping, breast implants
did satisfy the Internal Revenue Code
requirement that business expenses be "ordinary
and necessary" for one's line of work.
Navajo healing ceremonies
Navajo healing ceremonies, which attempt to
eradicate pain and curses using various chants
and songs, can be lawfully deducted from income
taxes. The cost of holding or participating in
such ceremonies are tax-deductible provided that
"it was prescribed for a medical purpose or to
alleviate a condition," according to tax
attorney Donna LeValley. Navajo healing
ceremonies aren't the only "alternative"
treatment options that potentially qualify as
tax write-offs, as electric shock, whirlpool
baths and hydrotherapy have all been lawfully
deducted in the past.
Cat food
A junkyard-owning husband and wife routinely
sprinkled cat food around the premises to tempt
stray cats into hanging around. Their reason?
The cats "took care of snakes and rats on the
property, making the place safer for customers."
Naturally, this attempted deduction did not pass
unchallenged. But when the couple made their
case that the cat food had been instrumental to
keeping dangerous rodents away from their
life-sustaining business, the IRS allowed the
deduction to stand.
Ostrich depreciation
Businesses are used to depreciating standard
equipment like computers, truck fleets and
buildings. So, an ostrich farmer from Louisiana
submitted a tax return that wrote off the
depreciated value of his ostrich. Odd as it may
sound, farmers are indeed allowed by the
Internal Revenue Code to depreciate the value of
their livestock provided they are being used for
breeding (rather than producing food products
for sale).
