posted: Dec. 30, 2006 @ 1:16a
bellwilliam said:http://www.fairmark.com/rothira/minors.htm
just read this. author is saying paying kids to do housework, is not going to cut it.
I guess JR. have to have a real job !!!Fairmark is a good site, and it does a good job of explaining a lot of noncontroversial tax rules. Unfortunately, on a number of issues, he takes ultra-conservative positions, which is a perfectly fine thing to do, but applies them to areas of the law which are hazy, without being clear that there's room for disagreement.
The IRS would have some reasonable chance for success if they ever decided to go to court on this issue, but I don't think that's ever going to happen (for one thing, because it would establish a precedent that a large category of income isn't taxable). If they did win, their chance of getting any kind of penalty is basically nil: a judge is just not going to hold you responsible for treating intra-family payments as taxable income, when there's nothing in writing that says they aren't, and Congress has told us that it's taxing "income from whatever source derived." You're not going to be punished for not taking the same logical leap as Fairmark.
The kids' income has to be real, legitimate and fair, and remember that IRAs are the kids' money; but if you're paying a fair price for housework, and treating it consistently for tax purposes (including filing returns for the kids, if necessary), I'd feel reasonably OK with using that as justification for an IRA contribution. And, to be clear: I'm taking a somewhat aggressive position here with which there's plenty of room to disagree.