Last Estimated Payment for 2010 Due

No more R&R for me — back to the real world rather than a beach in the Caribbean. And nothing brings you back to reality like a little estimated tax. The fourth quarter 2010 payment is due on January 18th. That’s a postmark deadline, so if you spend the money for certified mail (which I strongly advise), your tax payment doesn’t have to get to the IRS (or your state tax agency) tomorrow.

You can also pay online, though EFTPS (the federal government’s tax system) requires registration (passwords are mailed to you) and it takes a day for payments to post.

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Back Home Again in Indiana (Illinois’ Tax Increase)

Back Home Again in Indiana is the state song of the Hoosier State. For those in the Land of Lincoln, it’s quite likely the Hoosier State will look much nicer; this morning, legislators approved an income tax increase from 3% to 5% and a corporate tax increase from 4.8% to 7%. Though these taxes are supposed to sunset in a few years, do you really think that will happen?

Joe Kristan has more.

By the way, I’ll have a long post on California and the budget when I return from my vacation.

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Another California Non-Conformity Issue: Medical Insurance for Non-Dependent Adult Children

I felt this important enough to update while relaxing in the Bahamas. (It helps that the sun is gone under a bank of clouds.) Anyway, from Spidell comes word that California is not going to conform to the exclusion of medical insurance premiums for non-dependent adult children. You must impute the cost of such insurance add it to state (California) wages.

However, the FTB has yet to provide guidance on how to do this, and it will likely be at least another week before such guidance is issued. Meanwhile, the deadline for releasing W-2s to employees is in 23 days.

If you are a California employer and offer such insurance for your employees, make sure your payroll processing company is aware of this issue and that a recalculation for your W-2s may be necessary.

I now return to my scheduled vacation.

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Bahamas Bound

I’m heading on that trip to the Bahamas, so posting will be practically non-existent until January 17th. Enjoy the other tax bloggers listed in the blogroll on the right.

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More Grist for the Mill

There’s a debate over whether licensing tax professionals will do any good. California requires all tax professionals to have licenses, and we have plenty of Bozo tax preparers.

In any case, out of Edgewood, Maryland comes word that there is one less bozo professional out there. Arnold Wood prepared returns, but he liked to give his clients bonuses. Like Western Tax Service, Mr. Wood didn’t see a deduction or credit that he couldn’t take for his clients. Who needs to actually make charitable contributions to take a deduction for charitable contributions? Certainly not Mr. Wood’s clients!

Though the story doesn’t mention how the IRS discovered the secret of Arnold’s Tax Service, they did. They weren’t as pleased as Mr. Wood’s customers. Well, Mr. Wood’s customers weren’t pleased either when they discovered that they actually had to make charitable contributions to take a deduction for them.

Mr. Wood didn’t stop with others; his own tax returns featured the same combination of phony credits and deductions. While Mr. Wood’s own return featured only $45,000 of phony deductions, the overall scope of the fraud was significant. The phony refunds were between $1.5 million and $1.8 million for 2006 -2008.

Like all good things–and all bad things–Mr. Wood’s business went through a change. Those business cards that said he’d get more for yourself and had pictures of money are now a thing of the past. Mr. Wood pleaded guilty and will serve two years at ClubFed and must make restitution of $45,000. Mr. Wood’s customers are receiving “Dear Soon to be Audited Taxpayer” letters and will, if they haven’t already, be paying the true amount they owe.

As usual, the moral of the story is that if someone tells you that he can always get you a refund run, don’t walk, in the other direction.

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Who Needs to Stop Prisoner Tax Fraud?

Via Joe Kristan this morning comes word that the IRS is spending millions to regulate law-abiding tax professionals, but is doing very little to stop tax fraud by prisoners.

You are forcing practitioners to spend millions of dollars and hours in pointless paperwork on pain of being put out of business. Meanwhile, you let actual criminals — in prison — steal millions by filing fraudulent tax returns

There’s much more, including the results of an audit by TIGTA, and the fact that the IRS is not sending information about prisoners committing tax fraud to prison officials.

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Aloha, Professional Gamblers

Aloha means a lot of different things. Per Wikipedia (and a conversation with a friend who was born in Hawaii) it means affection, love, peace, compassion, mercy, hello, and goodbye. I’ll focus on the latter two tonight.

There is no legal gambling in Hawaii; it’s one of two states with none, not even a lottery (the other, not surprisingly, is Utah). As you may remember, back in 2009 the state legislature passed a law that ended (for a short period) the ability to deduct gambling losses on state tax returns. That law was later reversed. Hawaii went on and then off my bad states for gamblers.

It’s back on the list, but only for professional gamblers.

Hawaii does not have a sales tax. Instead, there is the General Excise Tax:

Hawaii does not have a sales tax; instead, we have the general excise tax, which is assessed on all business activities. The tax rate is .15% for Insurance Commission, .50% for Wholesaling, Manufacturing, Producing, Wholesale Services, and Use Tax on Imports For Resale, and 4% for all others.

And it does apply to a professional gambler.

Hawaii is not a low tax state to begin with, so adding an extra 4% makes matters worse. Yes, it’s deductible on income tax returns for a professional, but when one considers the tax and the extra paperwork, maybe no tax Alaska sounds better in the end.

Here’s a complete list of the bad states for gamblers:

Connecticut*
Hawaii#
Illinois*
Indiana*
Massachusetts*
Michigan*
Minnesota#
Mississippi***
New Hampshire&
New York@
Ohio**
West Virginia*
Wisconsin*

Explanations:
* Gambling losses cannot be deducted as an itemized deduction on the state’s tax return.
** Ohio currently doesn’t allow gambling losses as an itemized deduction. Effective 1/1/2013, gambling losses will be allowed as an itemized deduction. Note that this change will likely not impact city and school district tax returns in Ohio.
***Mississippi only allows MS gambling losses as an itemized deduction for gambling losses
# Hawaii now does allow gambling losses as a deduction. However, Hawaii has an excise tax that impacts professional gamblers — 4% on gross receipts.
@ New York has a limitation on itemized deductions; if your AGI is over $500,000, you lose 50% of your itemized deductions. You begin to lose itemized deductions at an AGI of $100,000.
# Minnesota has a state AMT that impacts amateur gamblers, effectively eliminating the gambling loss deduction for amateurs.
& New Hampshire has a 10% tax on gambling. While it is currently not being widely enforced, it could be at any time. A literal reading of the law would make it applicable to all gambling.

Let’s just say that gamblers aren’t treated well by many states. It’s enough to want to escape, so here’s the best theme song from any television show ever:

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2010 Tax Offender of the Year

Another year, and many, many worthy candidates for the 2010 Tax Offender of the Year. To be considered for the Tax Offender of the Year award, you must do more than cheat on your taxes. It has to be special; it really needs to be a Bozo-like action or actions.

Coming in second for the second straight year was the 111th Congress. I’m trying to think of something they did right, but I’m having trouble doing so. Yes, they passed an AMT patch, and yes, they finally addressed the Bush Tax Cuts, but there was no need to wait until December and cause at least one-third of individuals to be unable to file their tax returns until late February. As for the negative actions of the 111th, they are so numerous that I’m convinced this Congress will go down in history as one of the worst ever.

Coming in third was Wesley Snipes. Last year I wrote about how he showed remorse, and was now looking at paying his tax debts. However, in 2010 he went back to the ‘old’ Wesley Snipes, and began spouting off all sorts of vitriol. In any case, for the next 35 months he’ll be enjoying a stay at ClubFed.


Several years ago, some unknown taxpayer was audited. He had used a “pure trust” and was told by the seller of the trust that it magically allowed him to avoid paying income taxes. The IRS informed the unlucky taxpayer that such was not the case; the taxpayer paid his taxes and the file went into the bureaucracy.

It stayed there until the IRS discovered that these “pure trusts” were being used by multiple taxpayers. The IRS launched an investigation, and discovered they were being peddled by Tony and Micaela Dutson. The Dutsons were doing quite well selling these shams, especially since they, too, didn’t pay any income tax on their own profits. The Dutsons were selling these instruments from at least 2002; the IRS obtained an injunction in 2006 barring the Dutsons from further selling of these fraudulent trusts. (The Dutsons began their activities in Oregon, but moved to the Phoenix area in 2003.)

Meanwhile, the Oregon Department of Revenue notified the IRS that Mrs. Dutson, an attorney, had received money from the state for helping indigent clients; somehow she failed to file a state tax return. Mrs. Dutson resigned from the Oregon Bar in 2002.

Eventually, the IRS began criminal investigations of the Dutsons. And then the Bozo activities began. (Yes, trying to peddle sham trusts is a Bozo action, but that pales with respect to what the Dutsons then tried to do.)

First, they told their clients to file lawsuits against the IRS. They charged their clients $3,500 each for filing these frivolous lawsuits. The Dutsons neglected to tell their clients that these lawsuits were frivolous after the first of them was thrown out…for being frivolous.

Next, the Dutsons filed a lien against several IRS employees in California. Now, if you were going to file a baseless lien, would you file it for a reasonable amount or would you just shoot the moon and aim for a nice, Bozo sum of $1 Trillion ($1,000,000,000,000)? Yes, the Dutsons filed that $1 Trillion lien. Needless to say, that lien was soon thrown out as completely baseless.

Well, if you don’t succeed you should try, try again. And the Dutsons did file another lien, against one John Snow for only $108 Million. If you don’t remember the name John Snow, he was Secretary of the Treasury under President George W. Bush. That’s chutzpah, but the second lien soon met the same fate as the first.

The Dutsons also believed in filing tax returns…just not their own tax returns. They managed to file 30 bogus returns seeking $185 million in refunds.

Eventually, the Dutsons were accused and indicted on numerous tax charges. They were found guilty in June on nine counts, with the charges spanning ten years. As noted in the DOJ Press Release, the Dutsons made $1 million and paid no tax. Though the Dutsons were due to be sentenced in September, it appears there sentencing has been delayed. They are looking at lengthy terms at ClubFed plus restitution.

While I always hope that next year–2011–will bring a year free of Bozo Tax Offenders, it’s far more likely that I’ll again have several worthy candidates for the Tax Offender of the Year.


That’s a wrap on 2010. I wish everyone a Happy, Healthy, and Safe New Year.

Posted in Tax Fraud | Tagged | 1 Comment

Marchellettas Win on Appeal

A commenter noted that an Appeals Court has reversed the convictions of Gerard Marchelletta Jr., Gerard Marchelletta, Sr., and Theresa Kottwitz. For those who don’t remember, I reported on the Marchellettas when they were convicted and sentenced for tax fraud in a case that featured strip clubs, personal expenses, and the Bahamas.

The commenter is mostly correct. The Appeals Court made two rulings. In the first, the Court upheld their convictions for defrauding the IRS, reversed an aiding and abetting charge for all three (with an order that the District Court–the trial court–enter a judgment of Acquittal), and remanded for a new trial on the other counts. The remand for the retrial was based on the denial of the defendants’ having a jury instruction noting that they relied on their accountant for suspect tax returns.

In the second ruling, the Court also remanded and ordered a retrial for all three defendants for defrauding the IRS. The Court felt that, “Even if it was not the only and not the most likely explanation of events leading to the guilty verdicts on Count One, an evidentiary basis existed for conviction under Count One that could have involved Defendants, in fact, relying on the advice of their accountant.”

The defendants will probably be retried on these counts, and I’ll report on the retrial when it occurs in 2011.

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Russ Fails Reading Comprehension: FTB Deadline Is April 18th

My mother is a writer. My father was a writer. I’m the co-author of three books. My whole family are voracious readers. Yet I failed reading comprehension 101 when I looked at a set of instructions for a California tax form.

So I read the following: “You must pay 100% of the amount you owe by April 15, 2011, to avoid interest and underpayment penalties.” Well, I thought the FTB didn’t realize that the deadline for federal tax returns was three days later. Woe on me, as I might have been wiser if I read the whole paragraph:

You must pay 100% of the amount you owe by April 15, 2011, to avoid interest and underpayment penalties. Due to the federal Emancipation Day holiday on April 15, 2011, tax returns and payments received on April 18, 2011, will be considered timely. [Emphasis Added.]

My thanks to Susan Maples of the FTB for letting me know of my error.

Posted in California | 2 Comments