Don’t Try This at Home

Thomas Thorndike was a tax preparer in Waterbury, Connecticut. I use “was” because earlier this year he was sentenced to six years at ClubFed for cheating on his own taxes and for helping clients obtain refunds using false deductions. Here’s an excerpt from the DOJ press release:

If clients were audited by the IRS, THORNDIKE would provide them with blank Goodwill receipts as well as instructions as to how they should create a list of charitable donations that would correspond with the donation value THORNDIKE had entered on their returns. He also would direct his clients to create mileage logs that would support deductions he had entered for employment-related travel.

There’s plenty more in the press release to show that Thorndike was able to obtain over $1 million in refunds that clients weren’t entitled to. The Hartford Courant noted in its news story that Thorndike earned $12,000 a day by preparing a tax return every 15 minutes. But that’s not what this post is about; rather, it’s about ancillary damage that occurred.

Robert Liquindoli was one of Mr. Thorndike’s clients. I’ll let the DOJ press release take it from here:

In connection with [the investigation of Mr. Thorndike], the IRS requested to interview LIQUINDOLI, whose 2007 and 2008 tax returns had been prepared by Thorndike. After being contacted by the IRS, LIQUINDOLI sought to obstruct the IRS’s investigation by obtaining false documents that he intended to present to the IRS in support of deductions he claimed on his tax returns in 2007 and 2008. Between December 2011 and February 2012, LIQUINDOLI engaged in an effort to obtain false documents in support of false items on these tax returns, and lied to the IRS concerning the extent to which he possessed original and legitimate documents to support the deductions on his tax returns. LIQUINDOLI also falsely denied that he had attempted to obtain false documents to support those deductions.

A few years ago I represented a client of a Bozo tax preparer. My client (probably like Mr. Liquindoli) had phony deductions on his tax return. I explained to my client that you actually do have to spend the money in order to get deductions–my client had no idea of the law involved. My client didn’t lie to the IRS, didn’t obstruct the IRS, but did have to pay the IRS. Because my client cooperated and it was quite clear he did not know at the time his return was filed that he had done anything wrong, the penalties were waived.

Mr. Liquindoli was in a slightly different position. The one thing I haven’t mentioned (until now) is that Mr. Liquindoli is a former police detective. Presumably, he’s aware that it’s illegal to do what he did. Oops….

While Mr. Liquindoli faces up to three years at ClubFed, he’s likely to receive a much lesser term.

Posted in IRS, Tax Preparation | 1 Comment

Nifty Scheme Lands Five at ClubFed

Last year I reported on the inventive scheme used by the owners of Nifty Fifty’s, a Philadelphia area restaurant chain. Back in 1986, the restaurant was founded. The chain is themed on the 1950s; the owners apparently longed for the 1850s when there wasn’t an income tax.

What did the five owners do? From the DOJ press release:

The restaurant owners paid employees a portion of their wages with unreported cash in order to evade payroll taxes; paid suppliers with unreported cash; and had false tax returns prepared that under-reported income and falsely inflated expenses and deductions. Just between the years 2006 and 2010, the defendants deliberately failed to properly account for $15.6 million in gross receipts, thereby evading $2.2 million in federal employment and personal taxes. In the course of their conspiracy, Mattei, McGlynn, Donnelly, and Welsh committed bank fraud by submitting to the bank bogus income tax returns in order to secure several business loans.

The five owners of Nifty Fifty’s pleaded guilty to the various charges and agreed to full restitution. The IRS has received over $4.5 million in restitution to date. The five owners all received time at ClubFed, ranging from 12 months and a day to 36 months.

Posted in Tax Evasion | Tagged | 2 Comments

It’s All Greek to Me

In reading through the poker world today, news from Greece pushed to the forefront: The Greek government has implemented an up to 20% “Player Withholding Tax” on online gambling. It doesn’t sound like much, but like everything the devil is in the details.

Suppose you play online poker in Greece, and you win €1,000. The first €100 is not taxed. The next €400 are taxed at 15% and the remaining €500 at 20%. So you really win €840. Let’s further suppose you lose €1,000 the very next day. There is no tax, but you’re two break-even days net you a loss of the withheld tax, €140.

That’s doesn’t sound that bad. It’s withheld tax; I can recover it when I file my income tax return. No, you can’t. Although it’s called withholding it’s not the same as withholding in the US–this tax is lost (to the government) for good. Effectively, it’s like you’re playing in any of the bad states for US gamblers: You can’t deduct your losses.

Professional gamblers in Greece do have the availability of the moving truck. While the climate in the United Kingdom is anything but similar to Greece, the tax climate in the UK for professional gamblers is (at least for now) sunny with mild temperatures. Gambling, even for professionals, isn’t taxed in the UK.

The end result for this new tax in Greece is that it will bring in less money than projected. The big gamblers who would otherwise fill the Greek coffers will make economic decisions that benefit themselves but not the Greek government.

Posted in Gambling, International | Tagged | 1 Comment

Pass the Popcorn, Please, II

As ObamaCare and its troubles dominate the news, lurking in the background is the IRS scandal. The Chief Counsel of the American Center for Law and Justice (ACLJ) wrote an op-ed on FoxNews that noted the lawsuit filed by the ACLJ isn’t going to be dropped. Jay Sekulow, the Chief Counsel, noted five reasons why the IRS scandal won’t go away. I’m going to focus just on his fifth point:

Fifth, the IRS targeting scandal is directly relevant to the mother of all policy disasters, ObamaCare. With the IRS set to function as ObamaCare’s enforcement arm, every story of corruption, incompetence, and malice casts doubt on the IRS’s ability faithfully and lawfully discharge its responsibilities within our health care system. [emphasis in original]

Eliana Johnson of the National Review had two tweets last night that highlight this issue. Here’s the first:

IRS source tells me that “last thing in the world anybody wants right now is IRS connected to that pile of crap at healthcare.gov”

Here’s the second:

IRS source says agency still working to link IRS sys to HHS and CMS. “Our guys can’t move until HHS and CMS get their crap together.”

President Obama promised that the website would be functioning by month-end. It’s apparent to almost everyone that is not going to happen. Meanwhile, individuals need to enroll by December 15th in order to have coverage by January 1st; the back-end payment system has apparently not yet been built! (The key point in the testimony begins at about 3:20):

If health care weren’t such a major issue this would be laughable. Unfortunately, it is a major issue. I have not talked with many individuals at the IRS regarding health care and the IRS’s role in ObamaCare. I notice that in today’s IRSAC report that IRSAC identified as its very first issue the IRS’s funding level. IRSAC rightly noted that, “Reducing the IRS’s budget constrains IRS effectiveness and efficiency, which results in taxpayers’ loss of respect for the agency and our voluntary tax system.”

I identified this issue earlier this month. I’ll repeat what I said then:

For the IRS to function effectively, it needs both a reasonable budget and to be apolitical. It’s vital that the Department of Justice go after individuals who turn the IRS into a political organization from an apolitical one. Yet the current Administration apparently doesn’t see the urgency in this issue. That’s a huge mistake, and one that will definitely come back to haunt them and all Americans. We need a well functioning IRS…and given what the Administration is doing (and not doing), it’s very likely the budget for the IRS will continue to shrink.

The Obama Administration needs to give more than lip service to the investigations of the IRS scandal. Does anyone really believe that the Department of Justice is doing anything in regards to this? The budget of the IRS will not be increased until the scandal is resolved. As Mr. Sekulow noted, the IRS scandal and the troubles of ObamaCare are directly linked.

The individuals I have dealt with at the IRS are normal hard-working people doing jobs. The IRS deserves better than what it’s getting from the Obama Administration. IRSAC’s recommendation is laudable, but Congress’s cutting the IRS’s budget is also reasonable until the scandal is resolved. The onus here lies on the current Administration. I suspect IRSAC will be repeating their recommendation in next year’s report.

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Pass the Popcorn, Please

When I last wrote about Instant Tax Service it appeared that the end of that firm was upon us. After all, a judge ordered ITS to close shop because of a myriad of sins. ITS is appealing and is now also attempting to sell the business. (That does bring up the obvious question: Who would want to purchase a business that is, to say the least, facing a death penalty? But I digress….)

Kelly Erb has more on ITS’s current shenanigans.

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It’s How They Earned the $1.46 Million of Tax Refunds that’s the Problem

I’d like to convince my clients to start adding gratuities when they pay me. I did have one client just add $10 to his payment (and yes, I’ll be claiming that on my tax return); I appreciated it and told him so. I really don’t expect to receive tips from clients–it’s not the norm for tax preparation. I definitely don’t expect to receive $1,458,905 in such gratuities.

Yet one pair of tax preparers apparently did receive such money. Rigoberto Cabrera and Carlos Perez of Miami had a good thing going…for awhile. They convinced some individuals that they could get taxpayers really big tax refunds. Of course, those refunds were based on phony tax credits and deductions that the taxpayers weren’t entitled to. All they asked in return was part of the refunds back. That’s not much to ask for, right?

I didn’t think so, until I read this line in the Department of Justice press release:

Through this scheme, the defendants claimed approximately $1,458,905 in tax refunds from the IRS.

Now, it’s not clear from the press release whether the $1.46 million is the total of refunds (what I assume) or the defendants’ share. No matter, it’s a lot of money. Mr. Perez earlier pleaded guilty to two counts of conspiracy. Mr. Cabrera was found guilty on 29 counts of conspiracy, fraud, making false claims to the IRS, and money laundering. Both are looking at ClubFed in their future; Mr. Cabrera is liking to be spending many, many years there.

Posted in Uncategorized | 1 Comment

He Only Got 35 Months This Time

There are two pieces of good news for Michael Carlow of Pittsburgh. First, he only get 35 months at ClubFed (he served eight years previously). And second, the statute of limitations expired on the IRS on $5 million of the $6.2 million in unpaid taxes, and it can’t be reinstated just because he’s in trouble with the law again.

Let’s go back to the beginning. Back in the 1990s, Mr. Carlow bought some Pittsburgh businesses that made consumer products that are associated with Pittsburgh: Iron City Beer and Clark Bar. He put himself off as a local entrepreneur rescuing local businesses. Instead, he was inflating the value of his businesses by check kiting and other bad checks. He was convicted of bank and tax fraud and spent eight years at ClubFed.

After being released from ClubFed, the DOJ states that Mr. Carlow concealed assets, filed false tax returns, and then didn’t file returns. He was accused of tax fraud; however, in a plea deal he pleaded guilty to obstructing the IRS. He received 35 months at ClubFed.

The good news for Mr. Carlow was on the financial side. The statute of limitations has run out for $5 million of the $6.2 million he owed. That said, he does owe for $1.2 million.

Posted in Tax Fraud | Tagged | Comments Off on He Only Got 35 Months This Time

It Only Took Six Years to Get an Answer….

I currently have an audit reconsideration case that’s been on hold for eighteen months. I guess I have nothing to complain about, though. One unlucky attorney waited over six years to get an answer from the Financial Crimes Enforcement Network (FINCEN).

On October 22, 2007, an attorney asked, “…[W]hether a payment mechanism based on payable-through drafts that the Company offers to its commercial customers (the “customers”) makes the Company a money transmitter under the regulations.” On November 13, 2013, FINCEN said yes.

There is a bit more to this case than what’s noted above. FINCEN issued regulations in July 2011 that impacts the specific facts and circumstances of the matter. And I’m not really that concerned with this issue (it has no direct impact on my clients).

What does bother me is that there’s no obvious reason why it took FINCEN six years to respond. Of course, my client waiting for his audit reconsideration is hoping that it won’t be another 54 months for his case to be reviewed.

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Full Tilt Remission Deadline is Today

Today, November 16th, is the deadline for making a remission claim from Full Tilt Poker. (There are two exceptions noted below.) If you were not an affiliate of Full Tilt Poker or a Red Pro, you must file your claim today. You can file the claim by going to the Garden City Group’s Full Tilt Poker Claims website and clicking on the “File a Petition for Remission” at the top-left.

If you were identified as an affiliate or a “Red Pro,” you may have longer to file. The GCG stated that they will be sending a second email to such individuals in the coming days (weeks); impacted individuals will have 30 days from receipt of that email to file claims.

If in doubt, file that claim now. There’s an excellent thread on 2+2 with all the details of the remission process.

GCG announced yesterday that they expect to pay petitions where the dollar amount is not in dispute by March 31, 2014.

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Dan Walters with Another Example of California Dreamin’

When I resided in California, I always read Dan Walters’ columns in the Sacramento Bee. He knows his California politics very well. Yesterday he expounded on why California’s Senate Bill 30 (SB 30) ended up failing.

SB 30 would have conformed California tax law to federal tax law (mostly) with regards to homeowners with canceled debt income from their primary residences. As part of the massive tax measure that passed Congress on January 1st of this year, the exemption for canceled debt income from a primary residence was extended for 2013. SB 30 would have conformed. And the measure easily passed the California Senate 36-0. So why didn’t it become law? I’ll let Mr. Walters take over:

SB 30 had no opposition and sailed through the Senate 36-0, but only after the Senate’s leadership inserted a “poison pill” into the measure. It declared that SB 30 could take effect only if another measure, Senate Bill 391, was enacted.

SB 391 did have opposition, principally from the California Association of Realtors. It would impose fees on real estate transactions to raise money for low-income housing…

Ultimately, playing political games was more important than doing the right thing by families that had lost their homes, and that’s shameful.

If a Californian has a short sale or foreclosure in 2013 on his principal residence, it’s likely he won’t owe federal income tax. However, he likely will owe California income tax (unless he is insolvent or bankrupt). This will definitely come as a surprise for many Californians (and tax professionals).

California (rightly) has a miserable reputation for the business climate. While this issue has no impact on the business climate, it does show yet another reason why the Golden State has become, imho, the Bronze State.

Posted in California | Tagged | 1 Comment