Tony Gwynn in Tax Trouble

Posted on June 10, 2012 by Russ

Baseball Hall of Fame member Tony Gwynn has tax troubles. The former San Diego Padre and current head baseball coach at San Diego State University owes more than $400,000 in back taxes according to a report in the San Diego Union-Tribune. Mr. Gwynn has a tax attorney, Mitch Dubick, and, according to the report, working on reducing his tax debt. Mr. Dubick told the Union-Tribune that Mr. Gwynn is paying down his debt in installments.

Kudos to Mr. Gwynn for working with the IRS to reduce (and eventually pay off) his tax debt.

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Funding an S-Corp from an S-Corp: Distribute, Don’t Loan

Posted on June 7, 2012 by Russ

Joe Kristan has an excellent update that is a must-read for owners of multiple S-Corporations. The Tax Court validated a traditional S-Corporation planning technique: You can distribute basis from one S-Corporation to another. There are some caveats (aren’t there always?), and the paperwork is vital, but this is a technique that can work.

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A Structured Result

Posted on June 4, 2012 by Russ

A building needs a sound structure to survive. In the world of tax, structuring is something to be avoided. A used car dealer in Waterloo, Iowa has learned that.

The IRS learned of alleged structuring of deposits for Century Finance, a lending arm of Champion Motors in Waterloo. The IRS raided the business. I’m unsure if they found any structuring, but they did find an alleged theft of $71,000 from the business by Brian Beckman. Mr. Beckman wasn’t prosecuted for the theft, but for the tax loss from the theft. Now that loss is only $6,400 but it has also led to Mr. Beckman pleading guilty to filing a false tax return.

For those who aren’t aware, structuring in tax is making cash deposits smaller to avoid currency reporting requirements. If you make a cash deposit of $10,000 or more, a currency transaction report is required. So some unscrupulous individuals break that up into two $5500 deposits. That’s a felony (if done deliberately): structuring.

As for Mr. Beckman, it’s likely he’ll receive probation and restitution.

Posted in Iowa, Tax Evasion | 1 Comment

I’m Shocked to Find That People Move from High-Tax States to Low-Tax States

Posted on June 3, 2012 by Russ

Well, not really. This post by the Tax Foundation notes that New Yorkers are finding other states, such as Florida, far less taxing and are relocating there. The story references the New York Post; that newspaper ran a story noting that $20 billion of income migrated south.

Foundation analyst Nick Kasprak said taxes play a role in people’s decisions to relocate.

“You generally see people moving from higher-tax states to lower-tax states,” he said. “Certainly, taxes are one way that states compete with one another.”

Now, you know that, I know that, but do the people running California know that? Back in December I posted about how California has lost $48 billion of AGI (Adjusted Gross Income) from 1993 to 2008. In total, the Bronze Golden State lost just over 720,000 tax returns while losing that income. However, at the same time, California’s population increased by 5 million.

The conclusion is obvious: High income individuals have left and were replaced by low income individuals. People like me left the state and have gone to less taxing environments.

Another conclusion is equally obvious: California must make fundamental reforms to its taxation system. This is going to be horribly painful (especially if you are in a public employee union). Both the number of employees, what they do, what they’re paid, and what their benefits are, must all be cut–and cut substantially. Even the most golden of climates can turn ugly.

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Bozo Payroll Tax Scheme Lands Woman in ClubFed

Posted on June 3, 2012 by Russ

As I’ve said repeatedly, if you want to get in trouble with the IRS simply don’t remit payroll taxes that have been withheld to the government. You are certain to be investigated, and if any wrongdoing is found the investigation will quickly turn into a criminal probe. This story is about a rather

Nasheba Necia Hunte and Elmo Antonio George formed Winco Holdings Inc in Florida. George and Hunte were the only officers of Winco. They had no employees and paid no wages. Yet Winco filed employment tax returns for 2005-2007 showing substantial tax withholdings…withholdings that never happened. They even sent a rubber check for $1,676,991.16 to the IRS for Winco’s non-existent payroll tax obligations. The check was returned, “contact maker for authority to pay.”

The scheme gets more complex. The pair filed corporate tax returns for 2005 and 2006 that had phony partnership losses passing through to the owners as individuals. This generated refunds of $241,807. These funds were deposited into yet another entity, Dikingdom. The funds were used to buy a home in Georgia; George deeded the home to the “Overseer of Dikingdom” and claimed a church owned the property.

Ms. Hunte then made the not-so-brilliant decision to lie to investigators from IRS Criminal Investigation; she told them she wasn’t who she was. She also changed her address to a non-existent address.

In the end, this was all for naught. The pair were arrested for conspiracy to defraud the IRS and were tried and convicted. Both were also found guilty of two counts of filing false tax returns. She was sentenced last week to 51 months at ClubFed and must make restitution of just over $229,000 to the IRS.

My helpful advice to those considering schemes to defraud the IRS related to payroll withholding: Don’t. Sooner or later, usually sooner, the IRS will investigate and your scheme will fall apart.

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Another Survey, Another Bad Result for California

Posted on May 30, 2012 by Russ

Yet another survey puts California among the worst three states from a tax perspective. Alvarez & Marsal Taxand, a consulting and tax advisory firm, surveyed 800 financial executives (302 responded). Among the questions asked was Which states do you view as most competitive from a tax perspective? The usual suspects finished on the bottom: California, New York, and New Jersey. As Alvarez & Marsal Taxand noted, “…the states generally viewed as having complex tax systems and high tax rates are the three states listed (by a wide margin) as the least competitive states.” Alvaraz & Marsal Taxand Managing Director Don Roverto told the the Orange County Register, “The feedback from clients who do business in California is that it has one of the highest combinations of high rates and complex systems and that’s why it’s at the bottom.”

It’s also not a surprise which states finished at the top: Texas, Florida, and Nevada. These states all feature a tax exclusion or non-income tax based system.

Perhaps California will consider tax simplification, lowering rates, and making businesses feel wanted. Of course not–the Bronze Golden State will have one or two tax hike proposals on the November ballot.

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On the Bright Side, Lawns Need Mowing at ClubFed, Too

Posted on May 28, 2012 by Russ

If there’s been a constant theme in this blog, it’s that if you monkey around with payroll taxes bad things will happen to you. Unfortunately, Michael Cioffi of Loxhatchee, Florida isn’t a reader of this blog.

Mr. Cioffi operated a very successful lawn service; back in 2005-2006 he employed 30 individuals. Mr. Cioffi paid his employees but didn’t withhold any payroll taxes. Sooner or later an employee will file his own income tax return and the issue of social security will arise. If you want to get in trouble, Mr. Cioffi definitely went down the right path.

Undoubtedly, the IRS began an investigation. When they discovered his 2006 return showed just under $800,000 of the over $2 million of gross receipts from his law business, a criminal investigation was a certainty. Mr. Cioffi pleaded guilty to one count of failing to account for and pay payroll taxes and one count of filing a false tax return. He’ll likely get to visit ClubFed in the near future.

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Consistency: WSOP Still Not Accepting Form 5754

Posted on May 27, 2012 by Russ

Back in 2007, I wrote this post regarding staking and the World Series of Poker. Five years have elapsed and nothing has changed. Caesar’s (Harrah’s changed their name a year ago), which operates the WSOP at the Rio Casino here in Las Vegas, still refuses to accept Form 5754. While this is an inconvenience to some, it can cause tremendous tax headaches for others.

For those wondering about the headaches, you can read this post I made last year. The three situations I noted regarding backing (staking) remain the same for 2012 as they were in 2011.

The only update isn’t a good one: The IRS is moving towards strict compliance regarding the issuance of Form 1099s and withholding requirements. I strongly urge anyone who is backed to have your agreements in writing. Further, if there’s a possibility you will need to withhold enroll in EFTPS and obtain an Employer Identification Number (EIN) as soon as possible. (Note: You can only apply online for an EIN from 7:00am – 10:00pm EDT on business days.)

Hopefully, Caesar’s will see the light and begin to accept Form 5754. After all, IRS regulations state they are required to accept the form. Until then, Caesar’s actions will continue to make sure that I’m fully employed.

Posted in Gambling | Tagged | 1 Comment

Miccosukees Definitely in the Running for Tax Offender of the Year

Posted on May 22, 2012 by Russ

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

Posted on May 22, 2012 by Russ

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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