Dear Mr. IRS

I must commend CPA Tony Nitti on his “Request for Urgent Business Relationship.” It’s hilarious…but horribly sad.

Why? TIGTA–the Treasury Inspector General for Tax Administration–came out with what is (for me) a scathing report on identity theft and phony tax refunds. Somehow, 655 tax refunds went to a single address in Kaunas, Lithuania. Don’t feel left out if you live in Orlando: 871 went to two separate addresses in that Florida city. There’s a preparer who is apparently responsible for 5,506 bad returns with a social security number and 1,590 with an ITIN (I’m hopeful that TIGTA forwarded information about that preparer to IRS criminal investigation) .

Yet I came up with a simple proposal on identity theft in September 2012 that would, if implemented, stop a lot of identity theft. (Yes, I forwarded my idea to the IRS.) Supposedly the IRS will have some new measures on identity theft for 2013 returns. We shall see….

Posted in IRS | Tagged | Comments Off on Dear Mr. IRS

Another Film Tax Credit Scandal

There have been plenty of scandals regarding tax credits for the film industry in recent years (see, for example, Iowa). A new one has just arisen, this time in California.

The Los Angeles Times reported back on Halloween that State Senator Ron Calderon (D-Montebello) has been accused of bribery in relation to California’s film credits:

The [state] Capitol was roiling over comments attributed to Calderon in a report by the Al Jazeera cable network, based on what it identified as a sealed FBI affidavit, that he had enlisted other lawmakers to help him influence policy. In exchange, the affidavit alleges, the senator accepted $88,000.

State Senator Calderon has not been charged. Meanwhile, the FBI is investigating the leak of the affidavit to Al Jazeera.

Posted in California | Tagged , | 1 Comment

No Instant Replay Here

There’s an etiquette involved in sending emails: You don’t use all capital letters in most cases. The same is true when you write; it’s poor form. Yet when Judge Timothy Black wrote about ITS Financial, LLC (aka Instant Tax Service) he began his decision to permanently enjoin ITS from operating or being involved in tax preparation in any way with a paragraph in all caps…and in bold. Less you think he didn’t have reason to do so, well:

The evidence at trial established that Ogbazion and his Defendant companies:

Clandestinely trained and encouraged ITS franchisees to prepare and file tax returns prematurely with paycheck stubs that omitted and understated income, and inevitably resulted in the submission of false federal tax returns;

Defrauded ITS customers, who are largely low-income, by marketing false and fraudulent loan products to lure customers into franchisees’ tax preparation offices;

Defrauded ITS customers by requiring franchisees to charge phony fees, as well as exorbitant fees, of which Defendants kept an average of 18%;

Forged customers’ signatures on loan checks and used those forged checks to operate Defendants’ businesses;

Willfully failed to pay their own employment taxes, and then lied about assets in connection with the collection of those taxes, hiding money in a secret bank account, defrauding the United States and third party creditors;

Lied on government forms, and encouraged franchisees to lie on government forms, including lying on IRS applications for EFINs and on IRS Forms 8879;

Obstructed government agents and materially assisted franchisees in circumventing IRS law enforcement efforts involving the suspension of EFINs;

Told franchisees to lie to government agents in connection with IRS compliance visits; and

Violated the terms of the Order of Preliminary Injunction issued by this Court.

Joe Kristan has more on why we’ve likely seen the end of Instant Tax Service.

Posted in Tax Fraud | Tagged , , | 1 Comment

Colorado Voters Reject Tax Increase

Colorado voters had a chance to increase taxes drastically. Amendment 66, which would have made Colorado’s taxes very progressive (with far higher taxes impacting most citizens), was defeated. With about half the votes cast, the no’s were leading by 66% to 34%.

The initiative was sponsored the the teachers union and was strongly supported by Democrats including Colorado Governor John Hickenlooper. The supporters outspent those opposed; however, it appears not to have mattered with Colorado voters.

Posted in Colorado | Comments Off on Colorado Voters Reject Tax Increase

The Real Winners of the 2013 World Series of Poker

Nine individuals came to Las Vegas on Monday and Tuesday to compete for the championship at the World Series of Poker (WSOP). Who would be the lucky winner? And who really got to keep the money?

Congratulations to Ryan Riess of Las Vegas. Mr. Riess, a professional poker player, beat out amateur player (and casino VIP host) Jay Farber and took down $8,359,531…before taxes. Mr. Riess, who went by the nickname “Riess the Beast,” kept holding good hand after good hand and came from behind to beat Mr. Farber. Riess’s final hand was AK (which dominated his opponent’s Q5). When neither player made a pair, Riess’s Ace-high won him the hand, and the tournament.

Gambling winnings are taxable in the United States for both amateurs and professionals. Mr. Riess doesn’t have to deal with state income tax (Nevada doesn’t have a state income tax). However, he does have to pay both federal income tax and federal self-employment tax. I estimate that Mr. Riess will owe $3,478,818 to the IRS (a 42% tax rate). Mr. Riess, who in interviews say he has trouble in the past saving money, will hopefully save up the $3.5 million he’ll owe in taxes.

Mr. Farber didn’t do badly by finishing second; he earned $5,174,357. As an amateur gambler he doesn’t have to worry about self-employment tax. Still, he’ll have to fork over an estimated $2,026,527 in tax (39%)

In third place was professional Amir Lehavot from Weston, Florida. Mr. Lehavot will have to be satisfied with the $3,727,823 he received (before taxes). A professional gambler, Mr. Lehavot (who is married) will lose an estimated $1,549,200 to federal taxes. Mr. Lehavot, a resident of Florida, does not have to worry about state tax on his winnings.

A note before I move on: Mr. Lehavot sold pieces of his action (backing). It’s likely that his true winnings will be significantly less than the amount shown above. Unless I know with certainty from public sources regarding backing, I ignore it for this analysis.

Finishing fourth was the man who I think was the biggest winner, Sylvain Loosli. Mr. Loosli, a Frenchman, relocated to London, England. I suspect taxes were definitely one of his motives with his move: The United Kingdom does not tax gambling winnings from its residents including professional gamblers (Mr. Loosli is a professional). The tax climate in France is anything but pleasant; Socialist President François Hollande has asked for a 75% marginal tax rate! While President Hollande has been rebuffed on that rate, the current maximum French marginal tax rate is 49%. That nice round zero in the United Kingdom sure sounds good in comparison to that! While Mr. Loosli finished fourth, his net winnings put him into third place. (The US-UK Tax Treaty exempts gambling income from UK residents from US tax.) His gross (and net) winnings were $2,792,533.

J.C. Tran, a professional poker player from Sacramento, finished fifth for $2,106,893. Mr. Tran led the final nine players going into final table action but had a disappointing day on Monday. Mr. Tran may also be disappointed when he learns how much of his income will go toward taxes; he faces the highest tax bite for an American at the final table (47.56%). Mr. Tran will end up with a very high 13.3% marginal tax rate on his California taxes; he must also pay federal tax (including the new 39.6% rate) and self-employment tax. Mr. Tran will owe an estimated $1,001,977 in tax.

The sixth place finisher was Marc-Etienee McLaughlin of Brossard, Quebec. Mr. McLaughlin will lose 30% of his winnings “off the top” to US tax withholding (though he can file a return to recover some of this based on his other US gambling losses). Additionally, he probably owes Canadian and provincial tax on his winnings.

The tax regime in Canada for gamblers is not as certain as it is in the US. The Quebec tax authorities are more aggressive than other provinces in collecting income tax from professional gamblers. Additionally, the rulings of Canadian courts on the taxation of gambling have not been consistent. For example, a professional gambler in British Columbia was recently found not to owe Canadian income tax on his gambling winnings. (That ruling may be appealed, though.)

Still, given that Mr. McLaughlin lives in Quebec I think he’ll end up having to pay tax on his winnings. He should get a full tax credit for the tax withheld by the US. Unfortunately, Quebec has the highest marginal tax rate in Canada for income–50%. Overall, Mr. McLaughlin will likely owe over 49.5% on tax ($792,935 of his $1,601,024 of winnings).

Michael Brummelhuis of Amsterdam finished seventh. The US-Netherlands Tax Treaty exempts his income from US taxation. The Netherlands taxes gambling winnings at a flat 29%; thus, Mr. Brummelhuis will owe $355,353 on his winnings of $1,225,356. Note that while Mr. Brummelhuis finished in seventh place, on an after-tax basis he finished in sixth.

Finishing eighth was David Benefield of New York City. Mr. Benefield, a student at Columbia University, is a former professional poker player. While he won’t owe self-employment tax, Mr. Benefield does have to pay both state and city income tax on his winnings. Of the $944,650 he won, I estimate he’ll owe $437,201 in tax (46%).

Mark Newhouse of Los Angeles finished in ninth place. A professional poker player, Mr. Newhouse did not win anything additional to the $733,224 he took home in July. I estimate he’ll lose just over 44% to tax ($322,879)

Here’s a table summarizing the tax bite:

Amount won at Final Table $25,932,167
Tax to IRS $8,626,311
Tax to Belastingdienst (Netherlands) $355,353
Tax to Franchise Tax Board (California) $321,611
Tax to Canada Revenue Agency $312,628
Tax to New York Dept. of Taxation & Finance $78,394
Total Tax $9,642,011

That’s a total tax bite of 37.18%.

Here’s a second table with the winners sorted by their estimated take-home winnings:

Winner Before-Tax Prize After-Tax Prize
1. Ryan Riess $8,359,531 $4,880,713
2. Jay Farber $5,174,357 $3,147,830
4. Sylvain Loosli $2,792,533 $2,792,533
3. Amir Lehavot $3,727,823 $2,178,623
5. J.C. Tran $2,106,893 $1,104,916
7. Michael Brummelhuis $1,225,356 $870,003
6. Marc-Etienee McLaughlin $1,601,024 $808,089
8. David Benefield $944,650 $507,449
9. Mark Newhouse $733,224 $410,345
Totals $25,932,167 $16,290,156

Once again the big winner was not the man who came in first; rather, it was the Internal Revenue Service. The tax agency has been rocked by scandals this past summer but it did very well at the Rio. The IRS will collect $8,626,311 for the United States Treasury. That’s more than the pre-tax first place prize of $8,359,531, over $3 million more than the after-tax first place prize, and more than the combined first and second place after-tax amounts. That’s because we all know that the house–the IRS–always wins.

Posted in Gambling | Tagged | 16 Comments

The Wrong Kind of Education Leads to ClubFed

A California tax preparer decided he wanted to increase refunds for his clients. There’s absolutely nothing wrong with that–I want my clients to get the maximum possible refund allowed under the law. It appears that Kenyon Williams forgot those last three words; he was found guilty of two counts of wire fraud and two counts of aggravated identity theft earlier today.

Mr. Williams prepared tax returns in San Diego and opened his own practice in 2011. In early 2012 he called a friend in Tampa, Alesia Spivey. Here’s what the Department of Justice press release says:

Williams called his friend and fellow tax return preparer, Alesia Spivey, who lived in Tampa, Florida, and discussed the 2012 tax season and Williams’ desire to maximize refund amounts for his clients. During this conversation, Williams solicited information from Spivey regarding methods used, in Tampa, to increase tax refunds.

There’s nothing wrong with this at all–in fact, it’s a good idea to learn from others. However, there was an issue. Continuing with the DOJ press release:

Spivey and Carlista Hawls explained to Williams that individuals in Tampa were using a particular interest income scheme to file bogus tax returns with the IRS. Spivey instructed Williams on how to fill out the tax returns by employing this interest income scheme.

This is where Mr. Williams should have said ‘Thanks, but no thanks,’ and hung up the phone. Because I’m writing this I’m sure you’re several steps ahead of me: Mr. Williams implemented the interest income scheme, and filed 168 fraudulent returns. This resulted in $517,744 of bogus refunds being issued.

But it didn’t end here:

In addition, on March 2, 2012, Spivey and Hawls flew to San Diego, California to meet with Williams. During that trip, Williams provided Spivey and Hawls with a list of names, dates of birth, and social security numbers, including a stack of Navy blood donor records, to be used in preparing fraudulent tax returns in Tampa.

Thus, the identity theft charges. Mr. Williams is looking at up to 49 years at ClubFed. Both Spivey and Hawls pleaded guilty earlier this year.

Posted in Tax Fraud | Tagged , | 1 Comment

IRS Scandal Update

The political news has been dominated as of late by the ObamaCare follies. However, the IRS scandal continues to percolate. There has been some news this past week:

The National Organization for Marriage sued the IRS over the leak of its Form 990 Schedule B; that schedule contains NOM’s list of donors. That’s confidential under the law. Unfortunately, someone at the IRS leaked that Schedule B to its political opponent, the Human Rights Campaign. That in itself is a violation of federal law. It appears the House Ways and Means Committee has figured out who the villain is, and they would like to see the Department of Justice prosecute that individual. No word from the DOJ on this happening; given the politicized nature of the current DOJ, I doubt we’ll see this happen.

Meanwhile, it appears we know why Lois Lerner took the Fifth: The Washington Examiner accuses Ms. Lerner of sharing confidential tax information of several Tea Party groups with the Federal Elections Commission. That’s also a violation of the law. Though the Examiner is the accuser, it’s really Judicial Watch that’s making the accusation; that organization obtained emails under a Freedom of Information Act request that allegedly show Ms. Lerner emailed the confidential information. I’m sure the DOJ will get right on this (not).


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.


Welcome Instapundit readers. I cover taxes with an emphasis on small businesses and gambling (my two tax practice specialty areas); I also focus on Nevada and Maryland (where our two offices are) and California (where I used to live and work). I try to have some fun with taxes as the subject is generally tedious.

Posted in IRS | Tagged , | 3 Comments

Bubba Paris Sacked, Pleads Guilty to Not Filing a Tax Return

Former San Francisco 49er William H Paris, Jr. (aka Bubba Paris) is now a motivational speaker. He’ll have a new topic to talk about: Why You Should Pay Your Taxes.

Back in February Mr. Paris was indicted on three misdemeanor counts of failing to file a tax return. He was alleged to have earned between $41,700 and $83,800 annually from 2006 to 2008. He pleaded guilty on Wednesday to one count of not filing a tax return in a plea deal. Mr. Paris agreed to make restitution of $126,530; he’ll be sentenced next February. He faces up to one year at ClubFed and a possible fine of up to $100,000.

That’s the second former football player who has not had a good week. Former Philadelphia Eagle Freddie Mitchell was sentenced to 37 months at ClubFed earlier this week. Mr. Paris, though, is not facing as lengthy a sentence. At most he faces one year in prison; given that he has promised to make restitution it’s likely he’ll get probation.

A hint to celebrities: You’re a perfect target for IRS Criminal Investigations when you don’t file and pay your taxes. If you are convicted, it will be covered in the news. Consider that Bubba Paris didn’t report tax on $182,743 and is paying restitution of $126,530 (which include penalties and interest)–That’s a tax rate of 69%! He’ll also have to pay California, too. It’s a lot easier to just pay your taxes in the first place.

Posted in California, Tax Evasion | Tagged | 1 Comment

Illinois’ Bankrupt Pension Systems and Tax Hikes

I was born and raised just outside of Chicago. I still root for Chicago sports teams (Blackhawks, Bears, and Cubs). Yet I’m quite happy that I don’t reside in Illinois today. Illinois’ pension systems are basically bankrupt and Democrats in the Illinois legislature have but one solution: tax hikes.

The Illinois Policy Institute has a research report noting that taxpayer contributions to state pension funds have skyrocketed. But didn’t Illinois pass a tax increase in 2011 that would “solve” the state’s budget woes? Yes, such a tax increase passed; no, the budget woes haven’t vanished.

Unfortunately, the Democrats in the Land of Lincoln have a proposal that will solve the problems: more tax hikes! State Representative Naomi Jakobsson has introduced HJRCA0033 which would make Illinois’ state income tax progressive, with a top rate of 9%. The state’s rate would be 4% at just $18,000 of income (the state’s tax rate is supposed to be just 3.75% in 2015). .As the Illinois Policy Institute noted, this will hurt the working and middle classes hard.

The only true solution is to attack the cause of the problems. That means pensions and state spending in Illinois will need to drop drastically. That’s not likely to happen until the voters force it upon Springfield.

Posted in Illinois | Comments Off on Illinois’ Bankrupt Pension Systems and Tax Hikes

PTIN Follies, Year 4

This is the fourth year I’ve had to pay for my PTIN (my third year to renew it). A PTIN is a Preparer Tax Identification Number–it’s a number I use when I prepare a tax return. It’s a means for the IRS to identify which returns are prepared by which tax professionals.

The IRS announced that renewals are open. Seeing no reason to wait I decided to log into the system. I did remember that my user name is all caps (the IRS converted it back for my first renewal, 2011).

Again, my password doesn’t work so I request a new one. I get into the system fine, and enter my information, hit “next” and…I’m logged out. I re-enter the system…and am immediately logged out again.

I try calling the help number for the system…and after hitting the correct combination of digits on my phone, hear the helpful message, “There is no one available to help you at the present time. Your call will now be disconnected.” CLICK!

I remain underwhelmed. (I’ll try again in a week.)

Posted in IRS | Tagged , | 1 Comment