Earmark CPE

Earn CPE Anytime, Anywhere

Podcasts

The IRS Can Hit Your Clients With Criminal Charges for Bad Bookkeeping (And Most Tax Pros Don’t Know It)

· ·

If you’ve ever received a shoebox full of receipts from a client or struggled with QuickBooks files where half the expenses are labeled “miscellaneous,” you know the frustration. But according to Jeremy Wells, EA, CPA, in this episode of Tax in Action, poor recordkeeping isn’t just a workflow problem. It’s a legal violation that could cost your clients thousands in penalties.

Most tax professionals treat recordkeeping like a suggestion. But it’s actually a federal requirement with serious consequences, including a 20% penalty on underpaid taxes and even potential criminal charges. Understanding these requirements can transform your practice and create new revenue opportunities.

Your clients are breaking the law (and they don’t know it)

Wells starts with a section of the tax code that most practitioners overlook. IRC Section 6001 doesn’t suggest or recommend. It requires taxpayers to “keep such records, render such statements, make such returns, and comply with such rules and regulations as the Secretary may from time to time provide.”

The Treasury regulations spell it out even more clearly. Taxpayers must keep “permanent books of account or records, including inventories, as are sufficient to establish the amount of gross income, deductions, credits, or other matters required to be shown by such person in any return.”

“The way I read this,” Wells explains, “you as a taxpayer, in order to file a tax return, need to have permanent books and records you can rely on in order to justify and substantiate any amount of gross income, deductions, credits, or anything else that you’re putting into that return.”

Here’s what catches many people off guard: tax returns themselves don’t prove anything. In Wienke v. Commissioner (T.C. Memo 2020-143), the Tax Court established that returns are “merely statements of claims and are not considered evidence of the claims themselves.” The real evidence must come from the taxpayer’s books and records. So when your client thinks their signed tax return proves their income to a lender, they’re wrong. Without proper records backing it up, that return is just a piece of paper with numbers on it.

The penalties for inadequate recordkeeping can devastate a small business. Section 6662 imposes a 20% accuracy-related penalty on any underpayment due to negligence, which specifically includes “any failure by the taxpayer to keep adequate books and records, or to substantiate items properly.” That’s 20% on top of the taxes owed, plus interest.

But it gets worse. Section 7203 makes willful failure to keep records a criminal offense. The penalties are up to $25,000 for individuals or $100,000 for corporations, plus up to a year in prison. While Wells notes that your typical shoebox client probably won’t face jail time, the existence of criminal penalties shows how seriously the IRS takes recordkeeping requirements.

The three warning signs every practitioner must recognize

These requirements create ethical obligations for practitioners too. Circular 230, Section 10.34(d) allows you to rely on client information, but requires “reasonable inquiries if the information as furnished appears to be incorrect, inconsistent with an important fact or another factual assumption, or incomplete.”

Wells calls these the “three I’s” that should trigger immediate concern. He shares a common example: “When I ask them what their business mileage is, they’ll just tell me a flat number that has three or four zeros at the end of it. As soon as I see that information, I already know, just in my gut looking at that information, whether it appears to be incorrect, inconsistent, or incomplete.”

When you spot these red flags, you can’t just ignore them. Wells describes the uncomfortable conversation that follows when he asks for a mileage log. “Nine times out of ten, they’re going to tell me they didn’t actually keep up with one.” At that point, you face a tough choice. Do you push harder for documentation, accept questionable information, or potentially end the client relationship?

“It might be a tough decision to stop working with a taxpayer because they want to claim a certain amount of miles,” Wells acknowledges. But when clients repeatedly ignore recordkeeping requirements despite annual reminders, “at that point, we might have to reconsider the relationship.”

How good records flip the script on IRS audits

While penalties provide the stick, there’s also a powerful carrot for maintaining proper records. Wells reveals how good recordkeeping can completely change the dynamics of an IRS dispute.

Normally, the IRS holds all the cards. The Supreme Court established in Welch v. Helvering (1933) that “the commissioner’s determinations have a presumption of correctness while the taxpayer bears the burden of proving the IRS position wrong.” Wells calls this “a tough hill to climb, especially for a taxpayer that has not kept good books and records.”

But IRC Section 7491 flips this burden. When taxpayers introduce credible evidence, comply with substantiation requirements, and maintain proper records, the burden shifts to the IRS to prove the taxpayer wrong.

“If a taxpayer shows up to an examination or an audit with good books and records,” Wells explains, “then the auditor knows that under Section 7491, now it’s on the IRS to prove the taxpayer is wrong.”

This creates “a more positive settlement climate,” according to a 2003 Tax Notes article Wells cites. Auditors become more willing to negotiate reasonable settlements rather than risk losing in court. He notes that even when a taxpayer takes a “technically incorrect position,” having good records to explain their reasoning can lead to much better outcomes.

Why the Cohan Rule won’t save your clients

Many practitioners rely on the Cohan Rule as a safety net, but Wells warns it’s been dangerously misunderstood. This 1930 court decision allows taxpayers to deduct “a reasonable estimate of the amount of a verifiable trade or business expense if the exact figure is unavailable.”

“I’ve heard, between bad tax advice on social media and some practitioners who haven’t really read the court case,” Wells says, people claiming “if the client doesn’t know how much, we’ll just fill in a number and appeal to the Cohan rule.” But that’s not how it works.

Courts take a harsh view of taxpayers trying to use Cohan without basis. In Barrios v. Commissioner (2023), the court stated it “bears heavily against the taxpayer who failed to more precisely substantiate the expense.” Translation: courts will slash your estimates, sometimes to zero.

Wells cites Williams v. US (1957), where the court refused to “guess” at expenses, calling relief without evidence “unguided largesse.” The message is clear: you need some reasonable basis for any estimate, not just a number that feels right.

Making matters worse, Section 274 completely blocks the Cohan Rule for certain expenses:

  • Travel
  • Entertainment
  • Business gifts
  • Listed property (especially vehicles)

For these categories, taxpayers must keep contemporaneous logs showing time, place, amount, and business purpose. Wells emphasizes how strict this is: “There have been tax court and federal court cases where the mileage log was simply thrown out and no deductions were allowed because the taxpayer attempted to recreate that log after the fact.”

Turn recordkeeping problems into profitable services

Instead of fighting poor recordkeeping every tax season, Wells outlines specific services that transform this challenge into recurring revenue.

His foundation is a “bookkeeping review service.” You’re not doing actual bookkeeping. Instead, you review the client’s records quarterly and flag issues. “We’re probably not going to look through a lot of five, ten, twenty dollar office expenses,” Wells explains. “But we might look through some expenses that are four or five, six figures.”

During these reviews, you might spot expenses that should be capitalized instead of deducted, deposits miscategorized as revenue when they’re actually loans, or aging receivables signaling cash flow problems. The key is efficiency. “They don’t take nearly as much time as actual bookkeeping does,” Wells points out.

He also strongly advocates for direct communication with clients’ bookkeepers, eliminating the game of telephone that wastes everyone’s time. Set up quarterly check-ins to discuss categorization questions, journal entries, and ownership changes before they become tax-time emergencies.

“This should not be free,” Wells stresses. “This should not be just included. You should not just start doing this out of the goodness of your heart.” Whether bundled into tax prep fees or structured as a monthly subscription, these services must generate revenue.

Some practitioners take this even further with preferred partner networks. Wells knows firm owners who refuse to prepare returns unless the books come from their vetted bookkeepers. While it sounds extreme, the benefits are clear. “They’re never going to have to worry about whether a deposit was really revenue or contribution of equity or new line of credit, because they trust the bookkeeper to have taken care of that already.”

For maximum scalability, Wells suggests creating educational resources. Use screen recording tools to solve common problems once, then share those videos with multiple clients. “Each time a client asks you a question, you know others have that same question,” he notes. This transforms repetitive education from a time drain into a reusable asset.

Listen to transform your practice

Recordkeeping isn’t optional; it’s legally required, with penalties ranging from 20% of underpaid taxes to potential criminal charges. But understanding this framework doesn’t just protect you and your clients from disasters. It opens doors to shift audit dynamics in your favor, negotiate better settlements, and create profitable advisory services.

Will you keep wrestling with shoeboxes every tax season, hoping estimates will pass muster? Or build systematic solutions that generate recurring revenue while protecting everyone involved?

Listen to the full episode to learn exactly how to implement these strategies in your practice. Because when you understand the legal framework—the requirements, the penalties, and most importantly, the opportunities—you stop just surviving busy season and start building a practice that thrives year-round.

Smart Accounting Firms Are Done Being Yes People

· ·

Picture an  accounting firm that keeps partner salaries locked away like state secrets. Staff spend years wondering what partnership actually pays. Meanwhile, another firm down the street posts everyone’s salary on a public leaderboard. The path to partnership comes with clear milestones and transparent rewards.

This stark difference shows just one way “renegade” firms are shaking up the accounting profession.

In episode 104 of the Earmark Podcast, recorded live during the Advisory Amplified tour in Austin, host Blake Oliver digs into what it means to be a “renegade” in accounting. He’s joined by Madeline Reeves, founder and CEO of Fearless Foundry, and Wesley McDonald, go-to-market leader at Relay. Together, they explore how forward-thinking firms and tech companies challenge everything we thought we knew about running an accounting practice.

What Makes a Firm “Renegade”?

So what exactly is a renegade firm? Reeves has worked with many of them, and she has a clear answer.

“A renegade firm is leading their clients to somewhere new and is not settling for the ways things have always been done,” she explains. These firms challenge the status quo. They see tech companies as partners, not just vendors. And they push their clients and technology partners to do better.

These firms also stand out in unexpected ways. Take Lance CPA (now part of Revel CPA). When they signed new clients in the brewery and hospitality space, they didn’t just send a standard engagement letter. They delivered beautiful welcome kits complete with custom beer glasses and cool socks. It was their way of saying this isn’t your typical accounting relationship.

But being a renegade goes deeper than nice gestures. These firms also excel at saying no.

“A lot of firms are dedicated to being acts-of-service people,” Reeves notes. “They become a little bit of “yes people” or people pleasers. But the real renegade firms are like, ‘I do not do that service or I do not work with that industry.’”

They’re not trying to be everything to everyone. They focus on being exceptional at what they do best.

Taking the Lead with Clients

Traditional firms often let clients call the shots. They use whatever software the client prefers. They adapt to the client’s processes. They follow rather than lead.

Renegade firms flip this completely around.

Reeves puts it perfectly: “When I go to the dentist, I’m not telling the dentist, ‘No, don’t use that drill in my mouth.’ I don’t know how to do dentistry. So if you’re an accountant, it’s your job to lead your clients.”

These firms come to the table saying, “This is how we do this job well and effectively for you. If the goal is advisory services, this is how we get there better, faster.”

When you’re the professional, you set the standards for how the work gets done.

Breaking Open the Black Box of Compensation

One radical change happening in renegade firms involves money—specifically, who knows what about everyone’s pay.

“On the most successful sales teams I’ve been a part of, there’s a leaderboard that shows exactly how much people have attained in their salary in that quarter,” McDonald shares. “Which is a wild concept to think about in some industries.”

Oliver points out the obvious problem with traditional secrecy: “One of the biggest secrets is how much the partners make. But if we want everybody to want to be a partner, why don’t we tell them?”

It’s not just about knowing the numbers, though. Reeves emphasizes that firms need “not just pay transparency but pathway transparency.” People need to see the clear steps to advancement, not just the end goal.

McDonald, drawing from his tech experience, says promotions shouldn’t be about time in seat. “You’re ready to move to the next level as soon as you’re performing at that level.”

This represents a huge shift from the traditional model where you might wait five years for a promotion regardless of your performance.

Building Teams That Actually Want to Work Together

The old model pits high performers against each other. Remember those weekly emails showing who billed the most hours? Competition is the traditional way to drive performance.

Renegade firms take a different approach.

“If you have people on your team who think the only way up is their own performance, your whole team is going to be fighting against each other,” Reeves explains. She learned this building sales teams. When she tied part of compensation to team performance, not just individual metrics, “We saw performance double because people were suddenly willing to turn to the teammate next to them and show them what was working.”

This collaborative approach is essential for attracting younger professionals. As Reeves notes, “There are a lot of young people who are coming out of school, and there’s nothing exciting to them about working 90 hours a week during tax season. They’re like, ‘hard pass.’”

“You can tell people to do the work and you can pay people to do the work,” Reeves says. “But to actually get people to want to show up and fully do the work, it has to align around the things that genuinely motivate them as a human.”

When Banking Becomes a Partnership

Banking isn’t usually seen as innovative. But companies like Relay are changing that, starting with how they work with accountants.

Most people choose banks for passive reasons. “It’s because I know that bank exists or they’re down the street or my parents bank there,” McDonald observes.

But what if your bank actually worked for you and your accountant?

“Relay is purpose built for our accounting partners and their clients,” McDonald explains. Traditional banks gatekeep information. Relay surfaces it to accountants so they can actually help their clients.

The difference is stark. “I’m not even sure how I would give feedback to Chase or Bank of America or Wells Fargo,” Oliver admits. In contrast, McDonald says, “If a partner of ours has an idea and they bring it to us, we will act on that idea.”

This isn’t just talk. Being a champion for SMEs and their partners is one of Relay’s seven core values. They were the first banking platform to go to market specifically through accounting professionals.

Reeves shares her own frustration with traditional banking. She wanted to support a local community bank that shared her values. But they had no online banking. Getting statements required writing emails to a banker.

“If you’re really serving small business at the core of who you are,” she says, “making me have to email a banker to get a bank statement isn’t serving small business. That’s creating extra manual work for me or for my accountant.”

Learning from Renegade Mistakes

Being a renegade means trying new things. And that means making mistakes.

Reeves shares a particularly painful one. She built what she thought was an innovative compensation model, paying top performers a percentage of deals they closed. Then she discovered a senior employee was committing fraud, jacking up prices in their proposal system to increase her cut.

Reeves recalls discovering the fraud just before a major conference and having to lock down all her banking immediately. The experience taught her to “trust but verify.” You need systems to ensure people act the right way, even those you trust.

McDonald shares his own revelation about breaking from the traditional path. He started his career as a fixed income broker. But as he earned promotions, he looked around and realized, “everyone there had been doing it for 30 years. I thought, ‘Can I do this for 25 more years?’”

He chose the non-linear path instead, moving between sales, consulting, and building teams. “I had stopped my learning journey,” he reflects. “I want to be a lifelong learner.”

Oliver’s “mistake” was majoring in music at the most expensive university in the country. But the experience taught him how to teach himself anything—a skill that proved invaluable in accounting. “If you can sit in a practice room for six hours a day and learn how to play a concerto, that’s all just breaking problems down into literally measure by measure, note by note.”

The Path Forward

The renegade firms discussed in this episode aren’t making small tweaks to the traditional model. They’re rebuilding it from scratch.

They’re becoming strategic leaders who guide rather than follow clients, creating transparent cultures where collaboration beats competition, and embracing technology companies as true partners rather than necessary evils.

With younger professionals rejecting traditional firm culture and clients demanding strategic guidance over compliance work, the old model is dying. The renegade approach offers a sustainable alternative that actually addresses why people leave accounting.

These innovations are happening right now at thriving firms. From brewery-themed welcome kits to banking platforms built for accountant collaboration, these changes prove accounting firms can create experiences that rival any modern service business.

Want to hear the complete conversation? Listen to the full episode. You’ll get the full story of how Reeves uncovered fraud through her proposal system, Olivers’s journey from professional musician to accounting innovator, and detailed strategies for implementing renegade principles in your own firm.

The Accounting Platform That Achieves 96.5% Automation Reveals How They Did It

· ·

“No one’s going to be outcompeted by the AI itself. You are going to be outcompeted by firms that really adopt this aggressively,” warns Jeff Seibert, whose company just hit 96.5% accuracy in automated bookkeeping—something that seemed impossible just a few years ago.

In this milestone 100th episode of the Earmark Podcast, Blake Oliver sits down with Jeff Seibert, co-founder and CEO of Digits, to explore how AI is fundamentally changing the architecture of accounting software. Seibert brings fresh eyes to accounting—he previously led consumer product at Twitter and built Crashlytics (now running on six billion smartphones). His frustration was simple: Why could product teams access real-time analytics while business owners waited weeks for black-and-white spreadsheets?

Founded in 2018, Digits set out to reimagine accounting in the age of machine learning. While traditional software treats transactions as meaningless text in rigid databases, Digits achieves near-perfect automation by treating financial data as interconnected objects that learn from patterns across millions of transactions.

The 30-Year-Old Problem Holding Back Accounting

As Seibert sees it, the fundamental issue facing bookkeeping automation is that every major accounting platform—QuickBooks, Xero, and even NetSuite—runs on relational databases designed 20-30 years ago. These systems treat transactions as simple text entries with no understanding of what they mean.

“QuickBooks is just going to see an Uber transaction as “U-b-e-r”. It just sees text,” Seibert explains. “It doesn’t understand the data, it doesn’t know what Uber actually is.”

This limitation explains why Intuit, with all its resources, has yet to deliver meaningful automation. The answer is architectural. Each QuickBooks company exists in its own isolated database, preventing the software from learning patterns across businesses. The constraints run so deep that QuickBooks still can’t handle having a vendor and customer with the same name—it appears they chose “name” as the primary database key decades ago.

Digits takes a completely different approach using what’s called a vector graph data model. Everything becomes an object—Uber is an object, your expense categories are objects, your bank accounts are objects. Transactions become connections between these objects, creating a web of financial relationships the AI can understand.

This mirrors how large language models (LLMs) work, converting transactions into vector embeddings, essentially plotting them in multi-dimensional space where similar items cluster together. When trained on 170 million transactions representing nearly $1 trillion in business activity, patterns emerge that would be obvious to humans but invisible to traditional software.

“When you have that scale of data and you see how everyone has booked Uber before, you start to see patterns,” Seibert notes. “The model starts learning. If it sees Lyft in your accounting for this client, it then knows how to book Uber.”

How AI Agents Actually Work (Hint: Like Clever Interns)

The accounting world is buzzing about “AI agents,” but what are they really? Seibert explains, “An agent is simply an LLM that you run in a loop. You give it a task, it attempts the task, you ask if it completed it. If not, it continues until it’s done.”

Think of them as clever interns who never get tired. Digits has been running these agents in production since January 2024, primarily for researching unfamiliar transactions.

The system uses three layers of intelligence. First, it checks if this specific client has seen this transaction before. If yes, it books the transaction exactly the same way. Second, if the transaction is new to this client but familiar to the platform, it uses its global model trained across all users. Third, for completely novel transactions, the agent literally Googles them.

“What would you do as an accountant? You would probably Google it,” Seibert explains. “What do our agents do? They literally Google it, research the transaction, build a dossier about it.”

As a result, only 4-5% of transactions now require human review, compared to the 20% that typically slip through even well-maintained rule-based systems. Notably, the system maintains strict confidence thresholds. Any transaction it is unsure about gets flagged for human review. It never guesses when uncertain.

The upcoming reconciliation feature shows how sophisticated these agents have become. The system pulls statements directly from banks or extracts them from PDFs, then matches transactions with pixel-level precision. “You can literally click on the transaction and see it on the statement and vice versa,” Seibert says. This builds trust with accountants who need to see exactly where the numbers come from.

What This Means for Your Firm’s Future

As of August, Digits hit 96.5% accuracy, up from 93.5% in spring. Each percentage point represents thousands of transactions that no longer need human touch. But it begs the question: how do you price services when the work happens automatically?

“If you’re charging purely per hour right now, then automation may make that challenging,” Seibert acknowledges. But forward-thinking firms are already adapting. They’re moving to fixed-fee models for routine work like monthly closes, which become increasingly profitable as automation reduces time investment. Many use a hybrid approach, charging fixed fees for the close, and hourly rates for advisory work.

At a flat $100 per month (with volume discounts for accounting partners), Digits offers predictable pricing that contrasts sharply with QuickBooks’ constant increases. The platform even offers specialized SKUs for ledger-only or reporting-only clients, accommodating diverse practice needs.

The staffing implications are real but not apocalyptic. Junior bookkeeping roles focused on data entry will diminish. But Seibert points out this could make the profession more attractive: “You don’t want to just sit there doing data entry all day long. You want to learn how to advise businesses.”

Seibert recommends firms start small when implementing automated bookkeeping. “Pick one client in your firm and see what you can achieve,” Seibert challenges. Choose a simple, digital-native business like consultants, SaaS companies, or agencies with predictable electronic expenses. Build confidence, then expand to complex cases.

Building Trust Through Transparency

With financial data flowing through AI systems, security is crucial. Digits addresses this with architecture developed at Seibert’s previous companies, where they handled crash data from billions of smartphones.

Everything stays within Digits’ systems; they don’t send raw data to OpenAI or other third parties. All data is encrypted at rest using per-object envelope encryption, where each object has its own encryption key. Even if breached, stealing one key wouldn’t compromise the system.

The platform is SOC 2 Type 2 certified, with complete audit trails showing who changed what and when. You can even grant granular access, like giving your marketing manager visibility into only marketing expenses. “They can see marketing, all the transactions booked to marketing, and nothing else,” Seibert explains.

Importantly, when AI does the work, you can trace exactly what happened. Click on any transaction to see the activity log. This solves the common problem of clients making changes in QuickBooks without anyone knowing.

The Competitive Reality Check

Seibert’s warning deserves repeating: “No one’s going to be outcompeted by the AI itself. You are going to be outcompeted by firms that really adopt this aggressively.”

This isn’t hypothetical. Firms using advanced automation already serve more clients with similar-size teams, offer competitive pricing while maintaining margins, and provide real-time insights that clients increasingly expect.

You don’t have to become a tech expert. Set aside time each month after the close to try new tools. Watch YouTube videos about AI agents (though Oliver warns to avoid the hype channels). Most importantly, maintain healthy skepticism. As Seibert notes about AI doing math, “If it’s not 100% correct, what’s the point?”

Remember, AI agents are like clever interns. They’re eager, overconfident, and need supervision. They excel at tedious, repetitive tasks but need human judgment for nuanced decisions. The goal isn’t to replace accountants but to eliminate the work accountants wish they didn’t have to do.

Taking the First Step

Thoughtfully evaluate how these innovations can augment your practice. Start with one simple client. See what 96.5% automation actually feels like. Build confidence, then expand gradually.

Listen to the full episode to hear Seibert’s complete vision and practical guidance on everything from selecting pilot clients to restructuring pricing models. The tools to eliminate tedium while amplifying expertise aren’t coming; they’re here, proven, and improving rapidly. How quickly and thoughtfully can you integrate it?

When Insurance Payouts Trigger Unexpected Tax Bills (and How to Avoid Them)

· ·

Jessica watched helplessly as Hurricane Idalia turned her North Florida print shop into rubble. After a decade of building her business, the commercial building she owned was beyond repair. Her insurance company cut a check for $250,000—good news after such devastation. But when she decided to lease a new space rather than buy, she discovered an unwelcome surprise in her tax return: a $50,000 gain she could have avoided.

Her story opens the latest “Tax in Action” episode, the third in host Jeremy Wells, EA, CPA’s series examining what happens when bad things happen. After covering casualty losses and theft losses in previous episodes, Wells now turns to the aftermath: what happens when you need to replace destroyed or stolen property.

While these moments represent some of the most stressful times in anyone’s life, IRC Section 1033 provides opportunities to defer or eliminate taxes on insurance payouts and other compensation. But as Jessica learned, you need to understand the rules to benefit from them.

More Than Just Natural Disasters

Most tax professionals think of hurricanes, fires, and floods when involuntary conversions come up. But as Wells explains, involuntary conversions can include government actions and even credible threats.

The fundamental test centers on control, not catastrophe. “A conversion of property is compulsory or involuntary if the taxpayer’s property, through some outside force or agency beyond her control, is no longer useful or available to her for her purposes,” Wells explains.

While casualties and thefts automatically qualify, including government requisitions, condemnations, and seizures opens up planning opportunities many practitioners miss. When a government agency takes property for public use, such as highway construction or urban redevelopment, the owner faces a true involuntary conversion. The compensation offered might not match market value, but the lack of choice triggers Section 1033 treatment.

The Willis v. Commissioner case from 1964 provides an important limitation. A transport company’s ship ran aground along the Atlantic coast. After getting repair bids, the company decided to sell the vessel and buy a replacement. They tried to claim involuntary conversion treatment. The Tax Court sided with the IRS, which argued that since the ship could have been repaired, the company’s choice to sell instead disqualified it. The property remained useful; it just needed repairs that the owner chose not to make.

This draws a clear line: property damaged beyond reasonable repair qualifies; property that’s merely expensive to fix doesn’t.

Even more surprisingly, just the threat of condemnation can qualify. Revenue Ruling 81-180 offers a perfect example. A taxpayer read a news account quoting a city official who said the city would condemn his property if it couldn’t negotiate a sale. The taxpayer sold to a third party rather than to the government. The IRS ruled this qualified as an involuntary conversion because he acted under a real threat of condemnation.

But the threat must be specific and credible. Revenue Ruling 74-8 clarifies that vague rumors won’t work. Taxpayers must point to a specific government agency and credibly claim they believe condemnation is imminent. This requires concrete evidence like official statements or confirmed news reports.

In an unexpected twist, Revenue Ruling 81-181 says that even if you knowingly buy property already under threat of condemnation, the later forced sale to the government still qualifies as involuntary. The IRS determined that Section 1033 doesn’t require you to acquire property free from condemnation threats.

Understanding these broader definitions transforms Section 1033 from a disaster-response tool into a planning strategy for navigating government actions and credible threats, which are situations far more common than natural disasters.

Choosing Between Nonrecognition and Deferral

The choice between nonrecognition and deferral can dramatically impact your client’s recovery. As Wells explains, the nature of the replacement property dictates which path is available.

Mandatory nonrecognition under Section 1033(a)(1) represents the gold standard. When property converts directly into replacement property that’s “similar or related in service or use,” the tax code mandates complete nonrecognition of any gain. No election required, no gain recognized. The basis simply carries over.

But determining what qualifies as “similar or related” has sparked decades of litigation. The IRS uses a functional use test, examining how taxpayers actually use both properties. If your warehouse is destroyed and you replace it with another warehouse, the use clearly aligns. But what if the replacement serves a different function?

The appellate courts created what Wells calls the “investor exception” in the 1960s, and it’s a crucial opportunity for rental property owners. In cases like Loco Realty v. Commissioner and Lent v. Commissioner, taxpayers owned commercial properties leased to tenants. After involuntary conversions, they bought replacement properties serving different functions. Warehouses became apartment buildings, and commercial spaces became retail shops.

The IRS and Tax Court said these weren’t similar uses. But the appellate courts disagreed. “From the taxpayer’s perspective, it’s still rental property,” Wells explains. Whether tenants operate warehouses or flower shops doesn’t matter when the taxpayer’s function—holding property for rental income—stays the same.

When taxpayers receive cash, which is the more common scenario with insurance payouts, mandatory nonrecognition disappears. Instead, Section 1033(a)(2) offers an election to defer gain, but only with specific requirements and strict timeframes.

Wells offers an example to show how this works. Seth owns rental property with a $100,000 basis. A storm destroys it, triggering $300,000 in insurance proceeds—a $200,000 realized gain. Seth uses $250,000 to buy a replacement rental property within the allowed period, keeping $50,000 cash.

Seth must recognize $50,000 in gain, as that’s the amount he didn’t reinvest. He can elect to defer the remaining $150,000, but his basis in the new property equals only $100,000, or the $250,000 purchase price reduced by the $150,000 deferred gain. When Seth eventually sells, that deferred gain resurfaces. “He hasn’t gotten out of recognizing the gain,” Wells clarifies. “He’s just deferred that gain into the sale of the replacement property.”

Principal residences add complexity through the interaction with Section 121. When a primary home faces involuntary conversion, taxpayers first apply Section 121’s exclusion: up to $250,000 single or $500,000 married filing jointly. Only gains exceeding these amounts are eligible for Section 1033 deferral.

The code also allows taxpayers to acquire controlling stock (at least 80%) in a corporation that owns similar-use property rather than buying property directly. While Wells admits uncertainty about when this would apply, the option exists.

A key limitation is that taxpayers generally must recognize gain if they acquire replacement property from related persons, such as family members or controlled entities. However, if the related party bought the property from an unrelated person during the taxpayer’s replacement period, or if the total gain is less than $100,000, the prohibition doesn’t apply.

Understanding the Critical Timing Rules

Even the best tax strategy fails without proper timing. As Wells explains, the replacement period creates a ticking clock that starts when disaster strikes. Missing these deadlines turns potential tax deferral into immediate gain recognition.

The standard replacement period begins on the date of the casualty or theft, or when the taxpayer first learns of a credible threat of condemnation. From that starting point, taxpayers have until the end of the current tax year, plus two additional years, to buy replacement property.

But Congress recognized that some situations need more time:

  • Three years for business real property taken by condemnation
  • Four years for principal residences destroyed in federally declared disasters
  • Five years for specific disasters (Midwestern floods of 2008, Hurricane Katrina, September 11 attacks)

The IRS may grant a one-year extension, but only for reasonable cause, like unfinished construction. “The taxpayer can make the request before the end of the replacement period and provide a reasonable cause explanation,” Wells notes. But market conditions, such as claims that property is too expensive or scarce, won’t qualify.

Jessica’s case shows the real cost of missing these opportunities. She received $250,000 and had two years from the end of the year to purchase replacement property. Instead, she immediately decided to lease. That decision cost her $50,000 in recognized gain. Had she bought a $250,000 commercial property within the period, she could have deferred the entire gain.

State tax rules add another layer. Wells highlights Oregon’s requirement that taxpayers who buy replacement property outside Oregon must add back the deferred gain when they sell. Oregon may even require annual reporting on out-of-state replacement property.

For tax professionals, mastering these timing requirements transforms crisis response into strategic planning. When clients call after receiving insurance checks, the first question should be about starting the replacement period clock.

Turning Crisis into Opportunity

Jessica’s $50,000 tax surprise could have been avoided entirely, and that fact underscores the power and complexity of involuntary conversion rules. 

The distinction between nonrecognition and deferral reshapes how tax professionals approach these situations. When replacement property is truly similar, mandatory nonrecognition eliminates any current tax impact. But when insurance companies write checks, the deferral election becomes critical. Keep even one dollar of proceeds, and you need to recognize a gain on that dollar.

For tax professionals, mastering these rules means providing exceptional value when clients need it most. The difference between Jessica’s $50,000 recognized gain and complete deferral is capital that could have accelerated her business recovery.

Wells concludes his three-part series with a powerful reminder: “When disaster strikes, the last thing anybody wants to worry about is the tax implications. But with a little knowledge, you can make sure that you or your clients get the best possible tax treatment.”

Listen to Jeremy Wells’ complete “Tax in Action” episode above for his classroom-tested approach to these complex provisions. The episode reveals how to apply the rules strategically when clients face their most challenging moments.

When Professional Jealousy Strengthens Friendships: She Counts Season 2 Kicks Off with Raw Honesty

· ·

“How did she get invited to this? And I didn’t get invited. I’ve been in the industry for over 20 years. Why is she more popular than I am?”

Nancy McClelland’s text to her podcast co-host Questian Telka wasn’t meant to be public. But standing before a live audience at Bridging the Gap conference in Denver, Nancy chose to share this raw moment of professional jealousy. In doing so, she showed exactly why She Counts has struck such a nerve with women in accounting.

This special Season 2 kickoff episode marks a full-circle moment. Nancy and Questian met at Bridging the Gap exactly one year ago, and that meeting sparked their friendship and Nancy’s role as a founding member of Ask a CPA. Now they’re back, recording live with guest moderator Erin Pohan of Upkeeping, LLC, who runs the Women in Accounting Visionaries and Entrepreneurs (WAVE) Conference.

The Hidden Work Behind “Real Talk”

Before sharing this vulnerability, the hosts pulled back the curtain on what it takes to create She Counts. “Mad props to anybody out there who does a podcast. It is so much work,” Nancy admitted, even though Earmark handles production. “I was delusional because Earmark is an amazing podcast production company. And I was like, ‘oh, they’re going to do all the hard work.’”

The reality hit hard. Each episode requires hours of planning, rehearsing, and outlining. It’s “like writing a session to present at Bridging the Gap,” Nancy explained. Then there’s finding sponsors (which Nancy calls “so much work”), plus the constant pressure of social media and marketing. “We feel behind all the time. Literally all the time,” she said, seeing nods from other podcasters in the audience.

So why continue? Questian has an idea: “We’re doing it for all of you and all of ourselves, of course, because this is something that we wanted and we didn’t have.”

The payoff came in unexpected ways. While Questian treasures the hour they spend recording together, Nancy was floored by listener responses. “I did not expect so many people to be coming up and saying, when you said this one thing… it made me feel less alone.”

When Your Best Friend’s Success Triggers Your Insecurities

The conversation turned deeply personal when Erin asked about putting themselves out there publicly. Nancy’s response made the room go quiet.

“I remember the first time you went to Scottsdale,” Nancy said to Questian, her voice shaking. “And I texted you, and I was like, how did you get invited to this and I didn’t get invited.” The hurt went deeper than professional disappointment. “How does she know all the cool kids? I don’t know the cool kids. The cool kids think I’m a nerd.”

These feelings connect to old wounds. Nancy mentioned being “beat up in the locker room” and feeling like everyone was against her in high school. But instead of letting jealousy fester, she took it to therapy.

Her therapist’s response changed everything: “Nancy, do you want what she has?” When Nancy said yes, the therapist explained, “So that’s what envy is. Emotions aren’t inherently positive or negative. It is just a fact to say, I wanted to be invited to Scottsdale. How is that a bad thing?”

The breakthrough came when Nancy texted Questian directly. “I said, hey, what’s this Scottsdale thing? How come I didn’t get invited? Did you not invite me?” Questian’s response dissolved the tension. It was her first invitation, she’d been nervous, and she hadn’t even known what she was being invited to.

“Saying out loud to her, I have envy. It changed everything,” Nancy reflected. “Jealousy doesn’t have to turn into resentment.”

Questian admitted her own jealousy, particularly watching Nancy effortlessly secure sponsorships. “I’m like, how did you do that? Of course I’m jealous.” But she channels it differently: “I just watch her and I’m like, I want to be able to do that.”

Everyone Has “Imposter Syndrome,” Which Means No One’s an Imposter

When Questian mentioned she “suffers” from imposter syndrome, Nancy pounced: “Is it a disease? Are you the only person who has this horrible disease?”

She asked the live audience who experiences imposter syndrome. Nearly every hand went up—the same result Questian got at her Scaling New Heights panel. Nancy’s point was sharp: “If literally everyone in this room raised their hand, then is this a syndrome that we have? Or are these just imposter feelings? The way we feel jealous sometimes, the way we feel happy sometimes?”

Her conclusion: “Nobody needs to be medicated for something that literally everyone in the entire universe has. The weirdos who don’t feel imposter syndrome are the ones who should be medicated for not having any self-awareness whatsoever.”

Both hosts revealed ongoing insecurities that seem absurd given their achievements. Nancy, at 53, regularly speaking on major stages and running successful ventures, confessed: “I am constantly terrified that people will think I’m a rookie. I’m still convinced that I am 17 years old, and this is the first time I’ve ever done anything.”

Questian’s insecurity centers on credentials. “I’m not a CPA. I don’t have my CPA license,” she admitted. People question her expertise: “Oh, so you’re not an accountant? And I’m like, no, I’m an accountant. Like, I know my shit, but I haven’t gotten my license yet.”

The morning of the recording, she received a text about North Carolina potentially removing the master’s degree requirement for CPA licensure. Her colleague’s message: “Go get it, girl.”

Creating Ripple Effects Through Vulnerability

The power of shared struggles became clear through specific stories. Nancy described a friend who recently suffered her second stroke. “She said, driving back and forth to her doctor’s appointments, she listens to She Counts and she feels less alone.”

Erin’s story shows how one genuine interaction can spark movements. Last year at Bridging the Gap, she knew no one. But Nancy “turned her entire body toward me, looked me in the eye with genuine curiosity and said, ‘I want to know you too.’” That interaction inspired Erin to create the WAVE Conference, with the next one scheduled for May 15, 2026.

Body image struggles surfaced when asked directly. Questian, despite being thin, faced childhood bullying about being “anorexic” and having “giant bug eyes.” More disturbing: “I can think of three times where a man in a superior position to me has made comments about my body at work.”

Nancy shared how she helped her friend Brittany Brown overcome fear about keynoting at a major conference because of her weight. “The people who are in that room are not there to judge you,” Nancy told her. “They’re going because they see who’s speaking before they go. They see the name. They see the picture. If they don’t want to be there, they just won’t be there.”

The gratitude comes full circle. After Aileen Gilpin posted about how She Counts made her feel less alone, Nancy found herself drawing strength from that message during her mother’s nursing home transition. “She’s thanking us for doing what we’re doing. But the note she wrote totally changed my week.”

The Permission to Be Human

Nancy shared her biggest fear about the podcast: “I’m terrified that people will listen to this and they’ll be like, who does Nancy think she is? Just grabbing that mic again?” She knows some see her as “too much,” “intimidating,” or “attention seeking.”

“I’ve been in therapy for it because it is hard,” she admitted. But she’s clear about why she continues to show up and speak up. “I needed this when I was younger. I need it today. I need to feel like I’m not alone, and I don’t want anybody else to feel alone.”

Her mantra, from Marianne Williamson, guides her: “When we let our light shine, we unconsciously give other people permission to do the same.”

For anyone in the early stages of starting their own practice, Nancy offers this truth: “Nobody got a rule book. It’s not just you who are making it up as you go along. We are literally all making up what running a practice looks like, we are making up what being an adult looks like.”

Questian’s advice is simpler but equally powerful: “Trust your gut. Always.”

The episode closes with Randy’s updated wisdom from his father: “You can do anything that you set your positive mind to.” But as this conversation proves, a positive mind isn’t one without doubts, jealousy, or fear. It’s one that shares these feelings openly and transforms them into connection.


Listen to the full episode of the She Counts podcast, follow She Counts Podcast’s LinkedIn page, and share underneath this episode what you feel women in accounting most need to hear. But through this raw, unscripted hour, the hosts already provided the answer: Women need to hear that their struggles are normal, their feelings are valid, and they’re not alone.