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.

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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.

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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.

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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….

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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.

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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.

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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.

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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