Friday, September 18, 2026

What Happens When A MauledAgain Commentary Goes Unread?

Seven years ago, in Double Trouble, Tax Advice Style, I reacted to a June 2019 Investopedia article brought to my attention by reader Morris, who had a question about the tax rate used in describing charitable contribution tax savings. I pointed out that the correct rate to use is the marginal tax rate, keeping in mind that the marginal rate can be a split rate if the charitable contribution deduction causes the taxpayer's taxable income to drop from one bracket into a lower one, and pointing out that because of other interactions in computing taxes (such as the charitable contribution deduction making itemized deductions a better choice than the standard deduction), the best way to calculate the tax savings is to compute tax liability without the deduction, then to compute tax liability with the deduction, and then to compute the difference, which is the tax savings attributable to the deduction. And then, as I pointed out:
When I read the article, I also spotted another claim. The article asserts that, “On the plus side, the proceeds from a garage sale are not taxable,” and quotes a CPA as saying, “Garage sales are considered the sale of personal property, and you do not have to claim the money you received from the sale.” That is so not true. Though most items sold at a garage or yard sale generate a loss, because they bring in less, and often much less, than what the seller paid for the item, there are times when an item fetches a price greater than what the seller paid. Though the losses are usually not deductible because the item is not a business or investment property, the gains are included in gross income. The notion that sales of personal property are not taxed is not one for which there is statutory authority in the Internal Revenue Code.

From scanning more than a few websites that make similar claims, though with different articulations, it appears that the true statement, “You generally are not required to report sales of items at garage or yard sales” gets smooshed into the misleading statement, “You are not required to report sales of items at garage or yard sales.” The loss of the word “generally” is critical. Why does it disappear? Twitter-type character limits? Preferences for short sound bites? Unwillingness to follow through with questions prompted by the word “generally”? Misunderstanding? Whatever the cause, it creates a misleading claim that can be dangerous when it causes someone to fail to report gain from selling an item at a garage or yard sale.

Recently, while watching a Young Sheldon video and noticing some transactions that raised tax questions, reader Morris also noted that in the episode in question Sheldon claims that garage sales do not produce taxable income. This caused reader Morris to remember the MauledAgain post from seven years ago. He wrote to me that "They updated the story and the author still is mistaken and so is reviewer, fact checker, and CPA. Obviously they did not read your article of about 7 years ago."

Indeed, he is correct. The article that I analyzed seven years ago was, according to the web page, updated on October 16 of last year. Not only does it contain the same incorrect language about the tax consequences of garage sales, it also continues to suggest that the tax savings from making a deductible charitable contribution is the amount of the contribution multiplied by the taxpayer's effective tax rate.

It is, of course, possible that the author, reviewer, fact checker, or CPA read the MauledAgain blog post from seven years ago, decided I was wrong, and made no changes to the article's discussion of charitable contribution tax savings and the tax consequences of garage sales. Yet, if they had done so, I would have expected a message from one or more of them after they read the article.

Is it not possible that others read the article, noted the errors, and commented in some way? It would shock, and distress, me if reader Morris and I were the only ones who recognized the errors. Is it possible that the author, reviewer, fact checker, and CPA simply held fast to what has been written? Yes. Did they? I don't know.

It is difficult to eradicate misinformation. It spreads quickly, especially when its message is one that people want to hear regardless of its veracity and people do not have the skill, desire, or time to verify what they are reading or hearing. In this instance, the problem is compounded. The author, who is not a tax expert, quotes a CPA who misstates the tax law, and the reviewer, also a CPA, leaves the article as written, as does the fact checker, who also is not a tax expert. Though often we are advised to get a second opinion from an expert even when we rely on experts, in this instance the author relied on two CPAs, quoting one and having another review the article. If nothing else, this situation demonstrates how difficult it is to tamp down misinformation before it spreads.

I am going to guess that more people have read the Investopedia article in question that read the MauledAgain blog post from seven years ago or the one I am posting today. And so the answer to the question, what happens when a MauledAgain commentary goes unread, at least by those who would benefit from reading it, is simply nothing. The misinformation is not removed and is not replaced with correct explanations.

And finally, no, I am not going to try to track down contact information for the author, reviewer, fact checker, and quoted CPA. Chasing down every source and repeater of misinformation is impossible even if several million people join in that task. Whether intentional or accidental, the creation and repetition of misinformation is a symptom of deeper flaws, ones that need to be addressed through other means that focus more directly on the underlying causes. Whether that will ever happen remains to be seen. I'm not optimistic.

Friday, September 04, 2026

Internal Revenue Code Meets IRS Code and IRS Tax Code: The Outcome Isn't Reassuring

In my last post, Tax Precision Not Involving Numbers: A Closed Captioning Fail and the Oxymoronic "IRS Code", I described my dislike of the imprecision reflected in the use of terms such as "IRS Code" and "IRS tax code":
The speaker refers to "IRS Code 274(e)(4)." As I pointed out in Is Tax Ignorance Contagious?, "First, there is no such thing as an IRS code. There is an Internal Revenue Service. There is an Internal Revenue Code. The IRS does not create nor does it own the Internal Revenue Code." Apparently, not enough people read MauledAgain, because the error continues to be repeated. Fifteen years after pointing out the non-existence of the "IRS Code," I had to address the use of "IRS tax code." I did so in Tax Season Brings Out a Question (Which I Try to Answer), But It Also Brings Misinformaiton, in which I explained that "another problem is the use of the phrase “IRS tax code.” Why? Because there is no such thing. There is an “Internal Revenue Code” for which the acronym is IRC. The acronym for the Internal Revenue Service is IRS. Yes, there is only a one-letter difference between the two acronyms but precision matters. For those interested in my previous reactions to the use of the oxymoronic phrase, “IRS Code,” see Is Tax Ignorance Contagious? * * *."
About a week later, reader Morris shared some research he did after he posed the question, "How many references to the phrase IRS Code on the Internet?" This is what he discovered:
An exact real time total of references for the phrase "IRS Code" across the internet cannot be fixed, as search engine indexes fluctuate continuously. However, major search engine indexes currently return between 15 million and 30 million indexed web pages containing the exact phrase.

"IRS Code" Estimated index pages 15 million to 30 million common context general discussion, tax blogs, news, and transcript code lookups

"Internal Revenue Code" "IRC" 35 million to 50 million formal legal documents, statutory references, academic papers , and U.S. Code database entries

"IRS Tax Code" 10 million to 20 million layperson explanations, personal finance articles, and tax prep software guides

My reaction should not surprise those who read MauledAgain. I replied to reader Morris"
"Sad, isn't it? It shows how quickly information AND misinformation can spread across the planet. It's our childhood game of telephone on steroids.

That the correct terminology gets about the same (35 to 50 million) as the two incorrect terminologies (25 to 50 million) is sad. It's possible that there is double counting, as it would not be surprising to find websites that use BOTH incorrect terminologies.

And it's understandable (though a sign of educational deficiencies) that the incorrect terminology appears in layperson explanations but to find them on tax blogs, and tax prep software guides is deeply disappointing.

And, of course, I thanked him for his contribution which indeed I think will be of interest to readers who share my affinity for precision.

Precision matters. If you've seen "Unstoppable" – yes, a train reference – you may remember that precision was spotlighted twice, first, when early in the film the the character Ned Oldham, a railroad welder, explained that welding always requires precision, and near the end, after Ned drives his pickup alongside the train matching its speed so that Will Colson can jump into the truck bed and then jump into the locomotive cab, he is asked how he was able to accomplish what he did, Ned simply replied, "Precision." If you haven't seen that movie, it's worth 98 minutes. Throughout the film, viewers see why precision matters.

It's Internal Revenue Code. Or, if brevity is necessary, IRC. That's all. That's precisely what it is.