Morkel Financial & Tax Services
The Journal

Notes on tax strategy.

Weekly writing on the planning conversations that move the needle: S-Corp elections, equity compensation, real estate, and the IRS rules behind them.

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Business Tax8 min read

OBBBA Section 174 Small Business Election: How to Refund 2022-2024 R&D Taxes Before July 6, 2026

OBBBA created a 12-month window for qualified small businesses to undo the TCJA's Section 174 R&E capitalization and pull back three years of federal tax. Here's how the OBBBA Section 174 small business election works under Rev. Proc. 2025-28, the §280C(c) recoupling step that catches most preparers, and how state conformity changes the size of the refund.

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IRS Penalties

Kwong v. United States Penalty Abatement: How to File a Form 843 Claim Before July 10, 2026

The Court of Federal Claims held in Kwong v. United States that IRC §7508A(d) automatically postponed every federal tax deadline from January 20, 2020 through July 10, 2023. The IRS has appealed, but the refund window for COVID-era failure-to-file penalties, failure-to-pay penalties, estimated tax penalties, and underpayment interest closes on July 10, 2026. Here is how the ruling works and how to file a protective Form 843.

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Equity Compensation

Washington Capital Gains Tax on RSU Sales After SB 5813

Senate Bill 5813 added a 9.9% second tier to Washington's capital gains excise tax, retroactive to January 1, 2025. Here's how it hits RSU appreciation, what's still exempt, and where the residency planning angles live.

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Equity Compensation

How California Taxes Your RSUs After You Move Out of State

California taxes the portion of your RSU income tied to workdays in California from grant to vest, even after you've left. Here's how the trailing tax works on Form 540NR, the planning angles around a relocation, and what New York and Massachusetts do with similar rules.

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Equity Compensation

Section 1202 After OBBBA: A Better Deal for Founders and Early Employees

The One Big Beautiful Bill Act rewrote three of Section 1202's most important numbers: the holding period, the per-issuer cap, and the gross-assets test. Here's what the new QSBS math means for founders, early employees, and anyone weighing a C corporation conversion.

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Real Estate Tax

How High-W-2 Earners Use Real Estate to Cut Their Tax Bill

Two strategies, cost segregation paired with a short-term rental or a spouse who qualifies as a real estate professional, can convert paper losses on real estate into deductions against W-2 income for households earning $500k and up.

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