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John Luckenbaugh

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We all know that under the Constitution, the government cannot deny anyone life, liberty, or property without due process of law. However, that hasn’t stopped federal and state authorities from seizing property even when a crime has not been committed. Many taxpayers don’t understand the laws and guidelines that apply to civil forfeiture. In this week’s podcast, Kelly and her guest Dan Alban, an attorney at the Institute for Justice, discuss the ins, outs, dos, and don’ts of civil forfeiture.

Hope for Civil Forfeiture Progression and Reform 

Sadly, there have been many innocent victims who have experienced and are still experiencing civil forfeiture issues. Dan helps Kelly unfold many grey areas of civil forfeiture, as well as offer tips and resources on how taxpayers and others can forgo their litigations or prevent future incidents. They share real life cases and how civil forfeiture has progressed, as well as the hope for reform in the future.

Listen to Kelly and Dan cover many topics on Civil Forfeiture, such as: 

  • The history of civil forfeiture
  • How civil forfeiture has transitioned
  • Structuring and the challenges with structuring
  • The expenses and process of civil forfeiture litigation
  • Pending cases and resolutions
  • The largely unknown air traveling with money rules and laws
  • Rules and tips for taxpayers
  • IRS seizure laws
  • Attorney assistance and legal proceedings
  • Violations and due process
  • Hopes for progression and reforms

More About Kelly Phillips Erb: 

Kelly is the creator and host of the new Taxgirl podcast series. Kelly is a practicing tax attorney with considerable experience and knowledge. She works with taxpayers like you every day to help you get out and stay out of tax trouble.

Links Mentioned: 

Kelly’s Website – Taxgirl  

Steve Forbes – What’s Ahead 

Structuring and Bank Information – FinCEN 

Clyde Hirsch Sowers Respect Act 

End Forfeiture 

form for potential clients: https://www.ij.org/report-abuse 

Dan Alban – LinkedIn 

Institute For Justice – IJ.org (donor info here)

I know many of you have heard the controversy about Wayfair and Amazon paying taxes. Well, this week’s episode with Kelly, really dives into the recent ruling in 2018 that online businesses must pay taxes and the effect on smaller, primarily online businesses. Brad Scott joins Kelly as a guest to give an inside look on how the Kill Quill ruling effects small businesses. Brad is the Director of Finance at Halstead Bead, Inc., a jewelry component wholesaler supplying jewelers across the United States and around the globe. Halstead is a second generation, family-owned, small business employing 25 people. Scott has been with Halstead since 2002. Since May 2019, Scott has led Halstead’s Wayfair legislative advocacy efforts to achieve uniformity, simplification, clarity, and liability limitations for small businesses at both the state and the federal level. Scott graduated from Michigan State University with a BA in Finance. 

Small Businesses Complying with the Kill Quill Ruling  

As Brad and Kelly discuss truths, facts, and statistics on the tax ruling for online retailers, they also discuss the complexity of complying with them. There are many businesses, taxpayers, and online retailers that may not know if the rules apply to them, or how to go about complying. With the many steps that must be taken to make the shift as a company to properly comply, Brad and Kelly help to educate listeners on the proper steps to take as well as the hopeful outcomes. Along with these helpful tips, Brad and Kelly discuss if this will this ruling stay in effect and how the burden and benefits can vary. The takeaway from this podcast is beneficial by hearing an insiders’ experience and opinions on the matter, while also learning the expectations and what comes next.   

Listen to Kelly and Brad Scott talk Tax Rulings, as well as: 

  • Discover About Complying with 2018 Ruling  
  • Which Rules Apply to You? 
  • Necessary Educational Expenses to Comply 
  • Deciding on Where to do Business  
  • The Challenge of Keeping up with Changes  
  • Brad’s Hope to Uniform Taxes  
  • Do Compliances Benefit Anyone, or Burden? 
  • It is not All About the Cost 
  • Finding Allies to Fight for Small Businesses  
  • How COVID-19 Could Change the Ruling 
  • Complexity is Causing Compliance Difficulties  
  • Taking the Next Step, Moving Forward  

More About Kelly Phillips Erb: 

Kelly is the creator and host of the new Taxgirl podcast series. Kelly is a practicing tax attorney with considerable experience and knowledge. She works with taxpayers like you every day. One of the things that she does is help folks out of tax jams, and hopefully, keep others from getting into them.  

Links Mentioned: 

Kelly’s Website – Taxgirl  

Brad’s Family Business – Halstead Bead 

National Federation of Independent Business- NFIB 

American Catalog Mailers Association – ACMA 

Online Merchants Guild – OMG

Streamlined Sales Tax Governing Board, Inc. – SST

Join Kelly this week for an awesome tax podcast focused on stress. Tax season and deadlines mean that stress is a concern for many taxpayers and professionals. It is important that we are aware of the changes that have been implemented on taxes this year due to COVID-19, and what is to follow. More importantly, we need to recognize if these factors are causing stress in our lives, and how to take control.

Stress Prevention  

Jeena Cho is Kelly’s guest this week. Jeena is the author of The Anxious Lawyer, an 8-week guide for lawyers on mindfulness and resiliency. She is also a partner at the JC Law Group, a contributor to the ABA Journal, and on top of that… she (like Kelly) is a mom. These ladies know stress, and are here to help educate listeners on ways to channel stress and utilize self-care during this tense tax time.  

Listen to Kelly and Jeena Cho talk self-care, as well as:

  • 2019 Tax Deadline, Dates, Extension, Payment & Estimated Tax information 
  • The Difficulty of the Delayed Tax Season 
  • How Anxiety is Arising and Affecting the Tax World 
  • How to Handle and Channel Anxiety  
  • The Unknown Driving Fear 
  • How to Separate Ourselves from Stress  
  • Self-Care with Consistency  
  • Meditation Tips and Benefits  
  • Training the Mind for Meditating  
  • Recognition and Routines of Self-Care 
  • Justifying and Juggling Self-Care 

More About Kelly Phillips Erb: 

Kelly is the creator and host of the new Taxgirl podcast series. Kelly is a practicing tax attorney with considerable experience and knowledge. She works with taxpayers like you every day. One of the things that she does is help folks out of tax jams, and hopefully, keep others from getting into them.  

Links Mentioned: 

Kelly’s Website – Taxgirl  

Jeena’s Website – Jeena Cho 

Jeena’s 8 Week Law Guide to a Joyful and Satisfying Law Practice Through Mindfulness and Meditation – The Anxious Lawyer 

JC Law Group PC – Facebook 

ABA Journal 

Jeena’s Teachings – Programs and Workshops 

Apps Mentioned: 

Inside timer 

Calm  

Join us in kicking off our new and informative podcast hosted by Kelly Phillips Erb. During this episode, Kelly invites a guest host, Jeff Grant to discuss his experience with applying for a small business loan – and what followed.  

Taking On Business Loans 

Jeff Grant is someone who has followed through with a business loan in a time of desperation. He is able to share with Kelly some real-life experiences when applying for a loan and how you can be tempted to go too far. Kelly also discusses the alignment with today’s current economic crisis.  

Listen to Kelly and Jeff talk loans, as well as: 

  • The impact of Small Business Administration (SBA) loans  
  • How SBA Loans should support businesses and not lifestyles 
  • How to properly handle loan money and the loan process 
  • Why you shouldn’t lie – even if it feels small – to qualify for loans 
  • How taking on debt should be handled and used as a business strategy 
  • The Justice Department’s crackdown on loans 
  • The importance of understanding challenges to create znspiration 
  • Challenges and misunderstandings that you should be aware of during this time 

More About Kelly Phillips Erb: 

Kelly is the creator and host of the new Taxgirl podcast series. Kelly is a practicing tax attorney with considerable experience and knowledge. She works with taxpayers like you every day. One of the things that she does is help folks out of tax jams, and hopefully, keep others from getting into them.  

Links Mentioned: 

Kelly’s Website – Taxgirl  

Jeff’s Website – Prisonist