Miccosukees Definitely in the Running for Tax Offender of the Year

When I last reported on the Miccosukees (a South Florida Indian tribe that runs a casino), the tribe decided to apparently ignore the advice of their then-attorney and not withhold taxes on earnings of their members. They now have been accused of not remitting taxes they withheld from patrons.

Via Taxdood comes news that the Miccosukees face a lawsuit from two patrons who played Bingo at their casino, won, and had taxes withheld from their winnings. The patrons weren’t amused when the IRS informed them that the supposedly withheld funds–withholding that appeared on their W-2Gs–didn’t make it to the IRS.

One interesting issue is whether the Miccosukees can be sued in federal court by the patrons. I suspect that the case may end up in tribal court. However, I also suspect that the IRS can cause nightmares for the Miccosukees if they aren’t remitting withheld money to the IRS.

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Strip Club Tax Proposed in California; Unlikely to Become Law

There’s now a proposal in California to tax strip clubs. The revenue that would be raised by the tax, proposed at $10 per patron, would go to rape crisis centers in the state. However, because this is a tax it requires a 2/3 vote for passage. Given Republican’s hostility to anything with the word “tax” in it, this measure is very unlikely to become law.

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There’s Good Nostalgia and Bad Nostalgia

Nifty Fifty’s is a nostalgia-themed chain of restaurants in the Philadelphia area. The chain is apparently successful, having won ten “Best in Philly” awards from readers of a Philadelphia newspaper. While the food is themed from the 1950s, the owners apparently longed for government out of the 1850s. Their unique method of helping the profitability of the chain was to not pay taxes.

The alleged scheme, which apparently went back to the founding of the chain in 1986, was to skim cash, pay employees in both paychecks and out of the skimmed cash, pay suppliers with skimmed cash, inflate expenses on their tax returns, and submit false tax returns to banks to obtain loans.

Apparently a plea deal is in the works. The company released a statement, telling Philly.com:

“We deeply regret our misconduct and accept full and complete responsibility for our actions,” the company said on behalf of the defendants. “We have been fully cooperative with the IRS to resolve these issues and have repaid all back taxes and penalties. We will continue to run each of our five restaurants in full compliance with the law. We wish to thank all of our employees, friends and business partners for their continued support as we move forward. Because this matter is still in the court system, we can have no further comment on this matter at this time.”

Given the contrition of the owners, it’s likely the defendants–co-owners Robert Mattei and Leo McGlynn, and Brian Welsh, Joseph Donnelly, and Elena Ruiz–will probably escape the maximum sentences which could have run into decades at ClubFed. But given the gravity of the charges of tax evasion, structuring, and bank fraud, and the length of time the scheme ran, a visit to ClubFed is likely in the future for many of the defendants.

Posted in Tax Evasion | 2 Comments

An Incorrect 1099-C Leads to Tax Court

A taxpayer receives a notice of canceled debt income (Form 1099-C). He disputes the notice, stating that instead of the debt being canceled in 2008, the debt went away years earlier — 1996. The IRS says the notice says you have income so pay up. The dispute ends up in Tax Court. Who wins?

The taxpayer in question received a credit card from MBNA, and back in 1994 defaulted. MBNA wrote off the debt in 1996. In late 2007, a collection company (Portfolio Recovery Associates) acquired the debt from another collection agency (NCO Portfolio Management). PRA tries to collect, but the taxpayer writes a letter saying stop and the company ceases collection activities. PRA sends the taxpayer a Form 1099-C.

(Interestingly, the Court noted that a state statute of limitations had already expired on the debt in 2001. Thus, no one should be taking collection activities on the debt. If I were the Attorney General of Illinois, I might want to send a letter to PRA. But I digress….)

The Court found that the debt was discharged in 1998:

Without specific evidence to the contrary, it would appear that petitioner’s debt was discharged in 1999 when it was clear that the debt would not be repaid…

Respondent contends that petitioner’s debt was discharged in 2008 when PRA issued Form 1099-C. A decision by a creditor to discontinue collection activity may require that creditor to issue a Form 1099-C…It appears from the record that PRA attempted to revive the defaulted account in an attempt to coerce petitioner, using automated mailing and automated telephone calls, to make voluntary payments to PRA despite over a decade of nonpayment and an expired limitations period…

Therefore, on the basis of the record and after a practical assessment of the facts and circumstances surrounding the likelihood of repayment, we hold that petitioners did not have any COI income from PRA in 2008.

So the taxpayer today does not have canceled debt income.

One final point: Although the opinion doesn’t state this, it appears this case is the result of a CP2000. It is almost certain that the individuals who reviewed the responses from the taxpayer did not grasp the idea that not all IRS notices are correct.

Case: Stewart v. Commissioner, T.C. Summary 2012-46

Posted in IRS, Tax Court | 1 Comment

Beware: Lots of Incorrect IRS Notices

A client of mine received a CP2000 notice from the IRS alleging that the taxpayer owes nearly $7,000. The IRS states that several stock transactions were not included on the return. My client calls me, I calm him down, and we discover that every single stock transaction noted in the notice was on the return.

A second client of mine received a CP2000 notice alleging that the taxpayers owe about $6,800. The IRS again finds stock transactions that weren’t included on the return, and $3,000 of interest that wasn’t included. Again, all the stock transactions were included. The interest was included, too: The 1099-INT used the full name of the bank (as did the tax return) but the notice used an abbreviated name. Apparently, the IRS computer couldn’t tell the difference.

A third client of mine received a CP2000 notice with missing stock transactions. Here, the client didn’t include several stock transactions (the IRS was correct). After the taxpayer sent me the missing 1099-B and basis (purchase price information), we discovered he lost money on the stock sales. She received a refund.

You may be noticing a pattern: Many IRS notices are wrong. Indeed, of the CP2000 notices I’ve seen this year, at least 80% are wrong. Yet I have clients who just want to pay the IRS to get them off their backs. I cannot overemphasize that most IRS notices are not reviewed by a human before they’re sent to you. You will be the first person to read the notice. Do not assume a notice is correct just because the IRS says so.

You have the right to dispute the notice. Take a look at the underlying issue(s), research the issue(s), and respond with backup paperwork. Make sure you respond timely (call the IRS if you need additional time; they’ll almost always grant an additional 30 days to respond), and use certified mail, return receipt requested so that you have proof that the notice was received.

If you do receive a notice that is correct (that is, you owe the tax), you should pay the tax. Remember, you may need to amend your state tax return as you may owe additional state income tax, too.

Posted in IRS | Tagged | 1 Comment

CPA Allegedly Practices Theft of Funds

A few years ago, there was a tax blog called April15.com. The proprietor, William Murray, was a CPA in Sacramento. He had a “trust accounting” system. Payments were sent to him, and he supposedly forwarded those payments on. It was a lie. Millions were embezzled; Mr. Murray received 19 1/2 years at ClubFed. Unfortunately, Mr. Murray was apparently not the only person to practice such a system.

From Myrtle Beach, South Carolina comes word that Richard Voltz, a CPA, is alleged to have had clients forward payments to him. Those payments, supposedly over $480,000, didn’t make it to the tax agencies. Mr. Voltz is also alleged to have not reported the alleged defalcations on his own tax returns (illegal income is just as taxable as legal income) so he’s also been charged with tax evasion. He’s facing prison, fines, and restitution if found guilty on all the charges.

I haven’t met an accountant who want you to make checks for your taxes payable to the accountant. If that’s what your accountant wants, be afraid.

Finally, I’d like to point out that Mr. Voltz, like Mr. Murray before him, is a CPA. He presumably has taken his ethics requirements. That hasn’t stopped him from being accused of what would anyone would call a serious violation. I’m sure licensing every accountant will stop every accountant from committing a crime. (Sigh….)

Posted in South Carolina, Tax Evasion | 1 Comment

I’m Shocked! A Strip Club Owner Is “Appalled” by Proposed Strip Club Tax

Illinois is debating a tax on strip clubs. I’m shocked, just shocked to find that Al Zuccarini, owner of Big Al’s in Peoria (an adult entertainment facility–a strip club) opposes a proposed tax on strip clubs. First, we honor Mr. Zuccarini with the Captain Louis Renault Award:

Seriously, Mr. Zuccarini has a point. The tax (now down to $3 per customer from the originally proposed $5) is supposed to fund rape crisis centers in Illinois. Mr. Zuccarini told the Peoria Journal-Star,

“My counterparts (other club owners) might think the reduction is a win,” he said. “I don’t think it’s a win. If it’s $25,000 one year, what’s it going to be next year when money is short – $40,000? Where does it stop?”

That is a good point. Excessive taxing of small businesses is a huge hindrance to job growth. Perhaps Illinois should study the example of what’s happened in California. Then again, maybe that’s exactly what Illinois is doing.

Posted in Illinois | 1 Comment

Alabama Adds Tax Appeals Commission

Great Seal of Alabama

In what appears to be a case of everyone being happy, the Alabama legislature with near unanimity (just one ‘no’ vote in both houses of the legislature) approved the new Alabama Tax Appeals Commission. The measure still must be signed off by Governor Robert Bentley.

The new Commission will hear tax appeals, including sales and rental taxes (though cities can opt out). The Commission is expected to save money for both the state and taxpayers–that sounds like a huge win-win. The bill authorizing the Commission also includes conformity provisions to federal tax law.

As J. Wray Pearce, a CPA, told Al.com, “will make tax filing simpler for everyone, more effective and less expensive…The independent tax tribunal should make needed appeals easier, and reduce the time required to get resolution.”

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Budgeting, California Style

The news came out this week from California’s non-partisan Legislative Analyst that the budget deficit in the Bronze Golden State is now $17 billion, up from $15.7 billion (and the $9 billion it was noted as just a couple of weeks ago). So what are the Democrats proposing? Tax increases.

I keep harping on the same things, because, well, the Democrats (and Governor Brown) are treating a symptom of the problem, not the problem itself. California continues to lose valuable members of the state: People who create jobs and bring tax revenues. They’re being replaced by people who don’t; the state has 12% of the nation’s population but 33% of its welfare recipients.

Jerry Brown also said that it’s full speed ahead for the high-speed rail project. Good luck finding the $55.7 billion more you need. As the Wall Street Journal noted,

Transportation experts warn that the 500-mile bullet train from San Francisco to Los Angeles could cost more than $100 billion, though the Governor pegs the price at a mere $68 billion. The state has $12.3 billion in pocket, $9 billion from the state and $3.3 billion from the feds, but Mr. Brown hasn’t a clue where he’ll get the rest. Maybe he’s hoping Facebook will buy the train, though he’ll have a hard time convincing Mark Zuckerberg that it’s worth 100 Instagrams.

What will increased taxes accomplish? More people like me, fleeing California. Joseph Vranich, a business relocation coach from my old homestead of Irvine, told Advisorone, “Every client I’ve ever served has saved various taxes by moving out of [California].” Here’s more:

“The No. 1 reason why a company leaves varies depending on whether they are in a profitable or unprofitable position,” Vranich says. “If you are profitable, the No. 1 reason is high taxes. If you are unprofitable, the No. 1 reason is the regulatory burden,” he says, noting that fees, fines and compliance costs are so significant that their elimination could be all that is needed to bring a company to profitability.

I met former California Assemblyman Chuck DeVore (another former Irvinite) at the Exchange Club of Irvine. Mr. DeVore now resides in Texas.

My divorce from California was long in the making: call it a case of irreconcilable differences. I constantly warned that the nation’s biggest state was spending too much, that its meddlesome regulatory climate was choking off job creation, and that its “green” energy policies were driving out manufacturing. I was called a nag and ignored…

As a share of its economic output, California spends about 46 percent more on state and local government than does Texas.

There’s much more in the article — it’s well worth your time.

I’ll leave you with three links to op-eds that spotlight the reality of socialism (for that’s what California has become):

As Margaret Thatcher said, the problem with Socialism… as well as California’s model… (perhaps I repeat myself) is that at some point, you run out of other people’s money.

That comes from Jim Geraghty at the Campaign Spot. You may also want to read Steven Greenhut: Jerry Brown a dishonest bore and Mark Landsbaum: Don’t buy Jerry Brown’s poor-mouthing.

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On the Road Again

I will be traveling this week, so posting will be light to non-existent until next weekend.

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