Revenue Canada Says “Just Say No” to the IRS

Last Sunday I linked to two well-written articles by Don Cayo of the Vancouver Sun. One question that has interested individuals residing in Canada who are impacted by FBAR (Form TD F 90-22.1) is whether the Canadian tax authorities would collect penalties on behalf of the IRS.

Mr. Cayo corresponded with Revenue Canada (the Canadian equivalent of the IRS) and got the answer: No. You can read his correspondence here, but it boils down to CRA noting that the FBAR provision is not included in the US-Canada Tax Treaty. Additionally, CRA says they will not collect taxes for the IRS for an individual who is a Canadian citizen at the time the liability arose.

This will have even more meaning in the years to come as Congress is forcing foreign banks to collect information on Americans (beginning in 2013). I expect to see significant pushback, and it will be interesting to see how that plays out.

Hat Tip: Phil Hodgen

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A Question of Wirth

Jeffrey Wirth was the sole owner of the Wirth Companies, a Minnesota commercial real estate company. Mr. Wirth developed numerous trophy properties in the Twin Cities, including the Grand Hotel in Minneapolis, the Grand Rios Hotel & Waterpark in Brooklyn Park, and the Grand Lodge Hotel & Waterpark in Bloomington.

The problem is, according to the IRS and the US Attorney’s Office, Mr. Wirth began building a mansion on one of Minnesota’s 10,000 lakes (an island on Lake Minnetonka). There’s nothing wrong with a successful businessman building a mansion, of course. However, there is a major problem with paying for personal expenses (such as a mansion) out of your business and not reporting it on either a corporate or individual return. And that, along with paying personal expenses out of his business, is one of the charges against Mr. Wirth.

Additionally, Mr. Wirth and his ex-wife, Holly Damiani, are accused of understating their wages.

From the indictment: From 2002 through 2006, while they actively managed the business and received substantial distributions from [The Wirth Companies], Wirth and Damiani each claimed wages of $12,000 per year or less…As a result of the understatement of wages reported on their Forms W-2, on the TWC income tax returns, and on the income tax returns for Wirth and Damiani, the amounts of employment taxes paid by TWC, Wirth, and Damiani were far less than should have been paid.

I suspect that the Wirth Companies were organized as an S-Corporation, and this charge in the indictment relates to not paying a reasonable salary. The understatement of wages is part of a conspiracy charge against the defendants (which also include Michael Murry, the tax preparer for Mr. Wirth and TWC). Mr. Wirth also allegedly filed false corporate tax returns for 2004 and 2005.

The three individuals face one count of conspiracy to defraud the United States. Mr. Wirth was charged with two additional counts of filing a false individual tax return and two counts of filing a false corporate tax return. Ms. Damiani was charged with two counts of filing a false individual tax return. Mr. Murry was charged with two counts of procuring a false individual tax return and two counts of filing a false corporate tax return.

Speaking of Mr. Wirth’s mansion, it’s for sale. The home has four bedrooms, six bathrooms, a 15-car garage with a total of 18,000 square feet, and is the largest in the Minneapolis suburb of Greenwood. It is, though a fixer-upper: It’s unfinished.

Posted in Minnesota, Tax Evasion | 1 Comment

Catching Minnows Instead of Whales

I like Joe Kristan’s terminology for the IRS’ efforts going after anyone who hasn’t filed an FBAR…even if they don’t really owe any additional tax: Using a shotgun to get jaywalkers. Of course, that’s all part of the kindler, gentler IRS….

Well, the FBAR and current Offshore Voluntary Disclosure program are getting attention north of the border. Don Cayo of the Vancouver Sun has written two excellent article on the situation: “Americans living in Canada risk facing massive tax penalties” and Ordinary citizens or big banks: the IRS threatens them all.

Posted in International | Tagged , | 1 Comment

You Didn’t Hear About the Woman Who Gave Birth to Nondecuplets?

Well, back in December of 2002 a woman named Norma Coronel allegedly gave birth to nineteen children. I never heard of this, and with the birth supposedly happening in nearby Los Angeles, I’m certain that a woman giving birth to 19 children would have made the news. (Yes, nondecuplets would be having 19 children at once.)

Ms. Coronel allegedly put down all 19 of her “children” on her tax return. The IRS was skeptical. Perhaps it’s the fact that the largest number of live births at once (with all the children surviving) is eight. Perhaps it was the 18 supposedly phony social security numbers. (Ms. Coronel did give birth to a son in December of 2002.)

No matter, the IRS and Social Security Administration investigated, and Ms. Coronel has been arrested and charged with 35 counts of filing false tax returns, using Social Security numbers fraudulently, and theft. She faces a maximum of 143 years in prison and fines of up to $5.6 million.

This is perhaps one of the most Bozo tax fraud cases I’ve ever read.

Posted in Tax Fraud | 1 Comment

There’s Good and Bad Creativity

There’s being aggressive, and there’s being stupid. A. Blair Stover was the latter. As the 8th Circuit Court of Appeals noted,

[The IRS]…found that even the most conservative estimate of the tax loss to the government caused by Stover’s schemes was $100 million, and potentially as high as $800 million. Agent Janice Mallon testified that a “reasonable estimation” of the government’s tax loss was $300 million. Apart from those costs, most of Stover’s clients had to pay other professionals to “undo” the structures Stover promoted, organized, and sold. Many had to pay penalties to the government.

Joe Kristan has more.

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Just Make a Check Out to “Bureau of Public Debt”

Warren Buffet penned an op-ed piece where he said the wealthy should pay more tax. The Tax Foundation, imho, opinion gets it right where Mr. Buffet gets it wrong.

Rather than repeat what the Tax Foundation wrote, I’d like to emphasize that if there comes a point where my earning more gross revenue will not cause me to make significantly more net revenue, I won’t earn more gross revenue. Back in the 1930s – 1950s, the top marginal tax rate was at least 70% (and that’s before state income tax). If I got to that level, I would turn away business: Why work for more revenue when I wouldn’t get to keep it?

And the final point that I’d like to emphasize is that nothing prevents Mr. Buffet (or anyone else) from sending more money to the federal government. You can send a check to the “Bureau of Public Debt” or pay online.

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Impersonating a CPA and Miscounting His Bankruptcies Lead to Five Years

Nick Holquin, Jr. was a tax preparer in San Jose. He decided to invest in a Mississippi land development project. When the economy tanked, the project did, too.

Mr. Holquin was able to get twelve individuals to loan him money for this project. Unfortunately, he neglected to tell them about his bankruptcies. His attorney, Dennis Lempert, told the San Jose Mercury that he should have disclosed the one bankruptcy he was aware of. Trouble is, there were at least four others.

He also told clients he was a CPA. He wasn’t.

And the topper was that he neglected to file his own state tax returns…for the last 20 years.

Back in March Mr. Holquin pleaded no contest to tax evasion and fraud. He was sentenced on August 4th to 44 months in prison plus he must make total restitution to the fraud victims and the Franchise Tax Board of over $1.4 million.

Posted in Tax Fraud | 1 Comment

Cost of Government Day

Americans for Tax Reform released their study on “Cost of Government Day.” This study looks at for an average individual in each state, how long you are working for the Government rather than yourself. On average, you’re working for the government until August 12th. That’s actually down two days from last year.

Unfortunately, not all states are created equal. Here are the bottom ten:

40. Massachusetts (August 15th)
40. Pennsylvania (August 15th)
42. Illinois (August 17th)
43. California (August 18th)
43. Minnesota (August 18th)
43. Washington (August 18th)
43. Wisconsin (August 18th)
District of Columbia (August 18th)
47. Maryland (August 20th)
48. New York (August 30th)
49. New Jersey (September 6th)
50. Connecticut (September 10th)

However, there are some states which don’t tax you as much:

1. Mississippi (July 19th)
2. Tennessee (July 20th)
3. South Carolina (July 23rd)
4. Louisiana (July 26th)
4. New Mexico (July 26th)
4. South Dakota (July 26th)
4. West Virginia (July 26th)
8. Alabama (July 29th)
8. Arizona (July 29th)
8. Kentucky (July 29th)
8. Nevada (July 29th)
8. Oklahoma (July 29th)

The end of the Executive Summary notes something that needs to be taken to heart by Congresscritters and state legislators:

Barriers to an earlier COGD remain. As of this writing, a deal to raise the debt limit in exchange for significant spending reform has not been reached. As the country exhausts its nearly $15 trillion in borrowing authority, the evolving debt debate represents an unprecedented opportunity to shift the paradigm of government spending. If it fails to do so, the forecast for future Cost of Government Days looks bleak.

The full report is well worth your reading.

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Perhaps $1 Million a Rider

How many individuals want to ride high-speed rail through California’s Central Valley? That’s not an academic question, as that will be the first leg of the line built by the California High-Speed Authority. The line will run from Shafter (population 17,000) to Madera (population 61,000): just north of Bakersfield to just south of Merced.

The first major city north of Bakersfield is Visalia, with a population just above 124,000. The line will then pass through Fresno (510,000) before reaching Madera. Just how many of those people need to get from one end of the Central Valley to the other?

Let’s be real: This is a colossal waste of money. And it’s now over budget by somewhere between $2.6 billion to $6.8 billion.

Yes, I realize the goal of the line is to connect the Bay Area with the Los Angeles Basin. While the news article I linked to notes a cost of $43 billion, the true cost will undoubtedly be higher. I’m guessing that the eventual cost per rider will be about $1 million. It currently costs around $100 each way to fly that route. Given where our government is today, wouldn’t a better use of the $43 billion (or $143 billion) be paying down all of our government’s debt and not building a white elephant?

I also realize that California voters approved this measure. This is one time the legislature should step up, and let the voters know that a mistake was made. Return the federal funds to Washington, and stop the project. White elephants like this is why the government is in the mess it’s in.

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California Revenues Below Expectations; State Likely Looking at a $5 Billion Deficit

I’m shocked, just shocked to find out that the Bronze Golden State is already falling behind on collections.

That was sarcasm, of course.

In June, California collections were $350 million below the budgeted amount. In July, they were $539 million less. That’s a total of $889 million in two months. If we extrapolate that out for an entire year, we get a $5.3 billion shortfall. Back when the budget passed I said,

And there’s a projected $4 billion increase in revenues…inserted because California had $1.2 billion in higher tax collections than projected in April. Finally, there’s the usual accounting gimmicks (moving certain payments to the following fiscal year) that will result in $1 billion of “savings”.

Surprise, surprise: $5 billion in shortfall with a budget containing $5 billion of imaginary revenue.

Unfortunately for Californians, there’s nothing to drive an increase in state revenues. As I wrote last month,

The problem for California is, there really is no driver for continued revenue growth. The new Amazon Tax will lead to less revenues in future months (it won’t be a huge loss, but it will be a loss) rather than the $200 Million increase that was written into the budget. Unemployment is increasing, and California businesses continue to face regulatory hell. I’m not seeing any improvement in the national economy.

California policymakers are hoping, of course, that I’m wrong. But for business to expand there must be reasons to do so. The administration in Washington is giving no one a reason to expand. Sacramento is following suit. Unless something drastic changes, California is looking at another year of malaise.

What the state legislature should do is obvious. Unfortunately, what they will do is also obvious: nothing.

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