Up in Flames

Back in 2005, a load of estimated payments ended up “swimming with the fishes” when a driver of a truck went off the San Mateo Bridge into the San Francisco Bay. Believe it or not, a similar incident happened last month in New Jersey.

A US Postal Service truck caught fire in an accident on the New Jersey Turnpike. The mail was destined for New Jersey state offices, including the Department of Taxation. The USPS believes this was mail collected from September 7th to 10th in New Jersey. If your mail went up in smoke, the New Jersey Department of Taxation has procedures in place so that you will not be penalized. Kay Bell has more.

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Why I’m Happy to be in Nevada and Not in California

The Tax Foundation released its 2013 State Business Tax Climate Index today. Last year, I was a California resident; in the 2012 Index, California ranked 48th out of 50 states. I now reside in Nevada, which ranks 3rd out of the 50 states. In this case, 3rd is third best. Here are the top ten:

1. Wyoming
2. South Dakota
3. Nevada
4. Alaska
5. Florida
6. Washington
7. New Hampshire
8. Montana
9. Texas
10. Utah

And the bottom ten:
41. Maryland
42. Iowa
43. Wisconsin
44. North Carolina
45. Minnesota
46. Rhode Island
47. Vermont
48. California
49. New Jersey
50. New York

This just a listing based on taxes. If we added in regulations, California might even fall to 49. (Based on what I know of New York, it would be difficult for the Bronze Golden State to hit bottom.) States showing the best improvement were Michigan (which went from 18 to 12) and Maine (from 37 to 30). Michigan is especially notable because its corporate ranking went from 49th to 7th!

Taxes and regulations matter. On Monday, the Tax Foundation released a map showing annual income lost and gained due to interstate migration in 2009:

Annual Income Gained or Lost due to Interstate Migration

Shock of shocks, New York and New Jersey are in the top ten of loss of income back in 2009. Michigan was worst off (remember, Michigan’s tax system was horrible); Montana was best followed by South Carolina. Low tax states generally did quite well, with Florida #3, Wyoming #4, and Arizona #5.

Returning to the state business tax climate, taxes matter. Kudos to the Tax Foundation for their vital work. As the Tax Foundation stated in their report,

Taxes matter to business. Business taxes affect business decisions, job creation and retention, plant location, competitiveness, the transparency of the tax system, and the long-term health of a state’s economy. Most importantly, taxes diminish profits…

States do not enact tax changes (increases or cuts) in a vacuum. Every tax law will in some way change a state’s competitive position relative
to its immediate neighbors, its geographic region, and even globally…Entrepreneurial states can take advantage of the tax increases of their neighbors to lure businesses out of high-tax states

Posted in California, Michigan, Nevada, New Jersey, New York | Tagged , | 1 Comment

Escort Service Operator Charged with Structuring

Here in Las Vegas, escort services and strip clubs are big business. They’re also (generally) cash businesses. A joint police task force has been looking into the operations. The local police are concerned about prostitution (it is illegal in Clark County, which includes Las Vegas); federal authorities are interested in tax evasion. One local man has found himself charged with structuring.

As I’ve reported before, structuring is deliberately making cash deposits under $10,000 so as to avoid currency transaction reports. It’s a felony.

Emmanouil Varagiannis has been charged with structuring. Mr. Varagiannis is the general manager of the Olympic Garden. He’s alleged to have made 208 cash deposits totaling more than $1.8 million…all under $10,000. The structuring apparently relates to Midnight Inc.; that entity, which does business as Midnight Entertainers, is an escort service.

The news story in the Review-Journal noted that the task force continues to probe allegations of prostitution and kickbacks to cab drivers who direct customers to specific strip clubs. It is worth noting that Mr. Varagiannis has only been charged with one count of structuring and has not been charged with anything else.

Posted in Las Vegas | Tagged , | 2 Comments

IRS CAF Unit Fax Numbers Have Changed

The IRS is implementing an inbound efax system. Because of this, the CAF Unit (Centralized Authorization Files) fax numbers have changed. For non-tax professionals, the CAF Unit handles IRS Power of Attorney and Tax Information Authorization forms.

For tax professionals, you can see the changes here. The old fax numbers will still work through the rest of 2012. The new numbers (which are toll-free numbers) are:

Ogden CAF Unit Fax Number: (855) 214-7522
Memphis CAF Unit Fax Number: (855) 214-7519

Posted in IRS | 3 Comments

Gillette Decision Upheld, But Beware

The California Court of Appeals for the First District upheld its earlier ruling in Gillette v. Franchise Tax Board. This means that for tax years from 1993 – 2011 a three-factor formula for apportioning income is valid. Earlier, the same appellate court ruled the same way; this decision clarified the earlier decision.

However, this decision is subject to appeal. The FTB sent an email to tax practitioners this week. Spokesperson Susan Maples sent out this staff opinion:

On October 2, 2012, the Court of Appeal issued its decision in Gillette v. Franchise Tax Board, Calif. First Dist. Ct. App. Dkt. No. A-130803. Questions have arisen regarding whether a taxpayer that chooses to elect the use of the Compact method of apportionment on its taxable year 2011 tax return that is filed by October 15, 2012, runs the risk of having the penalty under Revenue and Taxation Code section19138 (The Large Corporate Underpayment Penalty or “LCUP”) imposed if, after October 15, the decision of the Court of Appeal is vacated or modified by the Court of Appeal, or vacated or overturned by the California Supreme Court.

Staff believes that taxpayers choosing to elect the use of the Compact method of apportionment on a timely filed original return for the 2011 taxable year, that is filed before the decision of the Court of Appeal in Gillette v. Franchise Tax Board is final, will run the risk of incurring the LCUP if that decision is subsequently vacated, reversed, or overturned. The reason is that the decision of the Court of Appeal is not final until November 1, 2012, — 30 days after the decision was issued (Cal. Rules of Court rule 8.264(b)(1)). Because the decision is not final, it should not be treated as the state of the law until November 1, 2012.

Section 19138, subdivision (f), that provides for relief from the LCUP if the penalty is imposed on an understatement due to a change in law occurring after a return is filed, is not applicable to the question raised because the state of the law on October 15, 2012 does not include the decision of the Court of Appeal in Gillette v. Franchise Tax Board, as it has not yet become final. Therefore, there is no “change in law” that will occur should the decision be vacated or overturned after October 15, 2012. The law would be the same as it was at the time the taxpayer filed the return.

So what should multi-state businesses do? One strategy would be to file returns using the California formula (a 3-factor formula with sales doubled), and then file a protective claim for refund based on the Gillette decision.

One other aspect is quite clear: Expect the FTB to appeal. Reading between the lines of the staff opinion, this is fairly clear. Finally, California is no longer a member of the multi-state Compact so for 2012 and future years this is no longer relevant.

Posted in California | 1 Comment

The IRS Takes the Weekend Off

Well, sure, Monday is Columbus Day and a federal holiday. That doesn’t bother me. However, the problem is that with just nine days left before the extension deadline, the IRS shuts off all of its computer systems for a scheduled power shut-off in Martinsburg, West Virginia. I could ask why this isn’t scheduled for, say, Thanksgiving weekend or the end of October. No matter, if you are an authorized IRS e-services provider (like I am), you can’t do anything until Tuesday.

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208 Chances to Commit Tax Evasion and Other Stories

There are good schemes and bad schemes. Today, I’m focusing on the particularly stupid.

From McClellandtown, Pennsylvania comes the story of Sherman Friend. Mr. Friend just knew that the number “1127” would come up in the lottery. He bought 208 tickets with that number in a Big 4 drawing back in 2009. And Mr. Friend was correct! With each ticket being worth $250 and having cost just $0.50, he was looking at a profit of a cool $519,896. Even after taxes that’s a good deal.

Mr. Friend, though, had other ideas about paying taxes. Instead of cashing all the tickets himself and accumulating a bunch of W-2Gs noting his winnings, he solicited friends to cash the tickets and paid each of them $250 (10% of his win). That reduced Mr. Friend’s profit, but after the net proceeds of around $480,000 ended up in his wallet, he still owed tax on it. Mr. Friend decided to ignore the law.

“He went on to explain that he didn’t feel he owed the taxes on these moneys,” Assistant US Attorney Nelson Cohen told a judge in Pittsburgh. Mr. Friend pleaded guilty, and has agreed to make restitution of the $132,000 he owes the IRS.

Next, lets head to Billings, Montana. Shannon Grimm enjoyed doing genealogy research. She discovered that many old documents had social security numbers. Aha, she thought, why don’t I submit tax returns with those social security numbers. Those individuals are deceased so no one will mind.

She filed over 90 such phony returns.

Last April, she pleaded guilty to tax fraud. She was sentenced last week to 51 months at ClubFed. Additionally, she has to repay the $129,498 she got in refunds from the IRS. (The IRS caught $270,000 of additional refunds she field before sending them out.) One factor that led to her lengthy sentence was that Ms. Grimm was on probation when she committed the federal crime.

Finally, let’s head to Sicklerville, New Jersey. As I’ve said many, many times, if you want to get in trouble with the IRS the quickest and easiest way is to not remit employee trust fund payroll taxes. The IRS investigates every one of these complaints. Vanna Kem apparently didn’t read my blog. Ms. Kem owned Tri State Labor Services (though she used a nominee for registering the corporation). Ms. Kem paid her employees: They made over $1 million from 2006 through 2008. The employees were paid in cash, and apparently Ms. Kem thought that eliminated the responsibility of doing anything about her payroll taxes. She didn’t pay them and didn’t file Form 941s with the IRS.

Sooner or later one of her employees would note something on a tax return, and the IRS would find out. Ms. Kem pleaded guilty to one count of evading employment taxes and will enjoy ClubFed for 18 months. She must also make restitution of nearly $164,000.

Three rather dumb criminals will all get some time off. As usual, it’s far, far easier to pay your tax up front but that thought rarely enters the Bozo tax criminal’s mind.

Posted in Tax Evasion, Tax Fraud | 1 Comment

California Musings

Yesterday a client emailed me and asked if I was planning on moving back to California. The answer is easy: no. I could make it stronger, but I’ll let others help with that.

First, Dan Walters writes about what will happen if Governor Brown’s tax increase passes. I could just quote Alan Greenspan: “Whatever you tax, you get less of.” Mr. Walters cites the case of Gilbert Hyatt (a case I’ve written about extensively) as an example of what will likely occur if Proposition 30 passes.

Mr. Walters thinks that the verdict in the Hyatt appeal will influence this. I disagree, though; if Proposition 30 passes, the exodus will increase. It’s even easier today than it was in the 1990s to live anywhere in the U.S. and run a business. My business partner is in Maryland, yet through the magic of computers, Skype, FedEx, and the telephone we’re able to run our business very efficiently. It really doesn’t matter where you reside these days, be it Los Angeles, Las Vegas, Denver, or Phoenix.

There are some catches Californians who plan on moving need to be aware of. If you have a business entity, you probably want to reform it in your new state. That way you can escape California business taxation, too. (Note that there are exceptions to this, and this definitely should be discussed with your tax professional.)

Second, there’s a study out by the Manhattan Institute titled “The Great California Exodus: A Closer Look.” A key bit from the executive summary:

The data also reveal the motives that drive individuals and businesses to leave California. One of these, of course, is work. States with low unemployment rates, such as Texas, are drawing people from California, whose rate is above the national average. Taxation also appears to be a factor, especially as it contributes to the business climate and, in turn, jobs. Most of the destination states favored by Californians have lower taxes. States that have gained the most at California’s expense are rated as having better business climates. The data suggest that many cost drivers—taxes, regulations, the high price of housing and commercial real estate, costly electricity, union power, and high labor costs—are prompting businesses to locate outside California, thus helping to drive the exodus.

The entire report is worth your time.

Finally, there will be a court hearing in November in Sacramento on blocking California’s train to nowhere. The city of Chowchilla along with the Madera and Merced Farm Bureaus and the county of Merced have sued under California’s Environmental Quality Act. The first leg of the train, if built, will run from Bakersfield to Merced.

The California Farm Bureau Federation is upset with the high-speed rail because it would urbanize prime farmland. I’m upset with the plan because it’s a colossal waste of money. The goal of the high-speed rail project is to connect the Los Angeles and San Francisco areas by trains that would take 2:40 to run between the metropolitan areas. The high speed rail’s website lauds that its sustainable trains would help the environment.

Today, you can fly between Los Angeles and San Francisco in just over an hour. Does anyone really think that people are going to spend an extra hour and thirty minutes to take the train? As far as electricity being cleaner than a jet, that’s true…until you realize that you have to generate the electricity. That means a fossil fuel (coal, oil, natural gas), hydroelectric power, or nuclear power. The difference between “clean” electricity and a jet is that with the electricity you’re one step down from where the “green” nature goes away.

In any case, the big problem is economics. High speed rail may make sense to connect two densely packed metropolitan areas (such as from Boston to Washington, D.C.). But without massive subsidies this program–estimated to cost upwards of $67 billion–is just more money down the drain in California.

Posted in California | Tagged , | 1 Comment

Las Vegas Attorney Accused of Tax Evasion and Structuring

On Wednesday, I attended an all-day continuing education seminar put on by the Nevada Society of Enrolled Agents. This happened to be the annual IRS liaison meeting, and a hot topic was the indictment of Randolph Goldberg. This was especially true given we were treated to a presentation from local IRS Criminal Investigation (CI) agents. (They did not state anything about this case, of course.)

Mr. Goldberg is accused of keeping two bank accounts. There’s nothing wrong with that. However, he’s being accused of only including the deposits from one of the two accounts on his tax returns. Adding to his troubles is that he’s being accused of “structuring” bank deposits. Structuring is adjusting your bank deposits of cash deliberately so as to avoid currency transaction reports (CTR). If you make a deposit of $10,000 or more of cash, the bank will file a CTR. Mr. Goldberg is being accused of structuring bank deposits 147 times.

Mr. Goldberg is accused of four counts of tax evasion and five counts of structuring. He pleaded not guilty to the charges on Thursday. He was released on his own recognizance; his next hearing is in late November.

It takes effort to get in trouble with CTRs — so many of them a year are issued. Interestingly enough, one of the tidbits that CI gave us is that in August of this year there were 808 Suspicious Activity Reports (SARs) received in Las Vegas. (I believe, but am not 100% certain, that is the number issued by banks and casinos here in Las Vegas.) IRS CI told us that they have investigated or are investigating every one of the SARs.

SARs are issued when a bank or casino thinks their may be suspicious activity going on. For example, a SAR is likely to be issued if you make an $8,000 cash deposit in the morning and another $3,000 cash deposit in the afternoon. People don’t like dealing with CTRs because their issuance usually takes an extra 30 minutes at the bank. Assuming that one or more SARs lead to the investigation of Mr. Goldberg (which is very likely), he could spend far longer than 30 minutes at ClubFed.

Posted in Nevada, Tax Evasion | Tagged | 2 Comments

A Golden Ending

Walter Samaszko, Jr. passed away in May of this year. He had been a recluse, and when odors started emanating from his Carson City, Nevada home, neighbors called the authorities. They discovered his body. No one knew his relatives were, so the house was cleaned out by the Clerk-Recorder’s office before the modest home (listed for just over $100,000) could be placed on the market.

They found quite a surprise: Austrian ducats, South African Kruggerrands, English Sovereigns, and US $20 gold pieces. All told, the gold is valued at about $7 million. The estate will be subject to the federal estate tax–the exclusion amount this year is $5.12 million–so the IRS will get about around $750,000. A first cousin in the San Francisco Bay Area will get the rest (after probate fees are paid), likely around $6 million. It doesn’t hurt that the current price of gold is just under $1,800 an ounce.

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