I was experimenting with three LLMs on a tax research issue recently. I asked them to identify deductions newly available to individuals without a business or rental activity that are deductible in computing adjusted gross income (AGI).
ChatGPT, Gemini, and BlueJ (a paid service for tax professionals) all identified the following:
- No tax on tips
- No tax on overtime
- No tax on interest on car loans
As I’ll show, this answer is wrong. But first, consider this: they all arrived at the same incorrect answer. While we know that LLMs can hallucinate, this isn’t likely a hallucination (an answer created from thin air). If all three models were hallucinating, they would be highly unlikely to invent the exact same error.
The key to the error lies in the distinction between IRC §62 and §63. If you’ve taken my course on the OBBBA, you’ll recall I noted that these specific deductions are routed through §63 (computation of taxable income), not §62 (computation of adjusted gross income). The most well-known §63 deduction is the QBI deduction under §199A-it reduces taxable income on Form 1040 but does not reduce AGI. Because it doesn’t reduce federal AGI, it also doesn’t reduce Arizona taxable income, a crucial point for us here in Arizona.
So, how did all three AIs get the same wrong answer? It’s simple: a large number of human authors, whose material was used in the models’ training data or accessed via web searches, made the same mistake. Because these new deductions were touted as being available even to non-itemizers, many authors assumed they were “above-the-line” deductions and described them as such. However, a review of the statute makes it clear: the OBBBA added these provisions to §63 but made no change to §62.
It’s true that the LLMs didn’t consult the text of the law; they don’t perform legal analysis. Rather, they synthesize the analysis that others have prepared and published, giving extra weight to “high-quality” sources. In this case, a large percentage of human analysts made the same mistake.
There are understandable reasons for this. Bill proponents repeatedly noted the deductions were available even if a taxpayer did not itemize. Many general-purpose financial publications quickly released articles stating these deductions were “above the line.” They presumably equated being able to take a deduction without itemizing with it being an “above-the-line” deduction-an association that was generally, but not always, true before the TCJA and OBBBA.
From personal experience, I know producing an analysis of a new tax bill is done under extreme pressure. Reading federal legislation is messy; the bill only shows the amendments, not the law in its final, consolidated form. It’s easy to miss the significance of a deduction being added to §63 instead of §62.
This distinction is critical because AGI impacts numerous calculations. For states like Arizona that start with federal AGI, these deductions won’t reduce state taxable income. Furthermore, AGI affects tax thresholds (like phase-outs and deduction floors) and even non-tax items like the IRMAA calculation for Medicare premiums.
The takeaway is that relying on a human-written analysis is no guarantee of correctness, either. I have sat through continuing education webinars on the OBBBA that contained this exact error. At this point, the error is so common that it has likely “infected” other human authors, who repeat it after hearing it from multiple sources.
I fully understand how this error was made and could easily have made the same mistake myself (and have likely made other mistakes). But unless you are working directly from source materials you have to always remember that there could be flaws in the analysis you are reading-and sometimes these errors become self-reinforcing when authors have seen or read previous analyses.