Will They or Won’t They?

I’m in Las Vegas (I have an audit here tomorrow morning), and it’s definitely a good locale given the fight over the Obama/GOP compromise on the Bush Tax Cuts. The 111th Congress has but a couple of weeks left, but one major issue still exists: Will the compromise pass as is, will it be modified in some manner, or will it fail and tax rates rise for everyone?

I haven’t a clue which whey this will end, and it’s very hard for me to give good tax advice when the tax rate could be x or y. Will certain items be extended or not?

Las Vegas is a perfect place to discuss this as it’s definitely the location for any discussion of betting odds. But I don’t know what those odds are, and I think it will be much wiser for me to just see the results in a week.

The same is true for poker aficionados who are waiting to see if Senator Harry Reid (D-NV) will insert into the compromise or some other piece of ‘must-pass’ legislation a measure that would clearly legalize and regulate online poker in the United States.

I’ll let you know when we have facts rather than speculation.

Posted in Legislation | Comments Off on Will They or Won’t They?

Compromise Reached on Taxes; Will It Pass Congress?

Senate negotiators and President Obama reached an agreement on temporarily extending the Bush Tax Cuts for two years. Included with this will be two years of a $5 million estate tax exclusion with estates over this amount taxed at 35%. Also included was an extension of unemployment benefits.

There’s also a new tax reduction: The social security (FICA) tax one employees will be reduced for one year from 6.2% to 4.2%. The employers’ share would remain at 6.2%.

What was apparently agreed to is an outline; the exact details must still be worked out. Still, perhaps it’s a compromise both sides can live with. Or as Peter Pappas notes, perhaps its a measure that ideologues on both sides will reject. The very liberal wing of the Democratic party in the House is the most likely to balk at this agreement.

Still unknown at this point is the annual AMT patch and online gambling legislation. We’ll likely know more on both of these by week’s end.

Posted in IRS, Legislation | Comments Off on Compromise Reached on Taxes; Will It Pass Congress?

Bush Tax Cuts Likely Will be Temporarily Extended

It appears that there will be a temporary extension of the Bush Tax Cuts for two years. At least, that’s the direction Congress is moving in from news reports. While the House passed a motion to only approve an extension of the cuts for the “Middle Class,” that bill died in the Senate. President Obama signaled a willingness to compromise if there’s an extension of unemployment benefits. So there’s the probable compromise: Extension of the Bush Tax Cuts for all along with an additional one-year of unemployment benefits.

Of course, that does bring up some issues:

  • When will the AMT Patch be passed?
  • Will legislation pass dealing with the Estate Tax or will I be doing lots of Estate Tax Returns in the future?
  • Will Harry Reid (D-NV) insert online poker legislation into either the AMT Patch bill or the Bush Tax Cut/Unemployment Benefits legislation?

Add to this the possibility that Harry Reid will insert online poker legalization into this bill and it should be an interesting week in Washington.

Posted in Legislation, Uncategorized | 1 Comment

Will Online Poker Legalization Come Out of the 111th Congress?

The poker world is abuzz with word that Senate Majority Leader Harry Reid (D-NV) is circulating legislation that would legalize online poker in the United States. Poker newsgroups, such as 2+2, have long threads on the proposed legislation. Here’s what’s known at this point:

  1. The proposed legislation is circulating in various drafts in Washington.  Like the UIGEA that, in theory, made financing online gambling illegal, this legislation would be attached to some “must-pass” legislation.  The two most obvious targets are the AMT patch and the compromise bill that would extend the Bush Tax Cuts and unemployment benefits.
  2. The bill would implement a United States-based licensing scheme, with licensing run through state licensing boards.  Given that Harry Reid is from Nevada, the Nevada Gaming Commission would likely be preeminent in such matters.
  3. In one draft of the legislation, states that have legalized poker (except Washington) would be considered to have “opted in” to the legislation; states without legalized poker would be considered to have “opted out.”  States would be able to switch, probably by a vote of the state legislature and such legislation being signed by the state’s governor.  If you’re a resident of Utah, it’s likely you will be out of luck.
  4. Eventually, current providers of online poker would be allowed to apply for licenses.  It’s likely it will be some time before they’ll actually be able to obtain the licenses.
  5. The bill makes other types of online gambling (e.g. online blackjack) a clear violation of the Wire Act.
  6. There will likely be other impacts depending on the exact wording of the legislation.

For the online gambling community, you need to remember that this is draft legislation being circulated behind the scenes. There is a good chance this legislation is not attached to anything, and does not make it into law. And as always, the devil is in the details, and this Congress has been quite good about voting on legislation first and then reading it second (e.g. Obamacare).

In one way this is deja vu. Back in 2006, then Senator Bill Frist pushed through the UIGEA by attaching it to the Safe Ports Act. It will be interesting to see if the effective end of the UIGEA for online poker comes about by legislation attached to some other must-pass bill.

Posted in Gambling, Legislation | 1 Comment

Blade: Pennsylvania Coming Soon

Wesley Snipes will soon be reporting to prison in Lewis Run, Pennsylvania. Mr. Snipes was ordered to report to the Federal Correctional Institution McKean by noon on December 9th. I’d expect that Mr. Snipes will be in FCI McKean’s satellite minimum security prison camp. FCI McKean is 90 miles south of Buffalo, so Mr. Snipes will get to experience the joys of lake effect snow.

Joe Kristan has more.

Posted in Tax Evasion | Comments Off on Blade: Pennsylvania Coming Soon

Shaming in Income Tax for the Fourth Quarter

Not only has the BOE updated their list, but California’s Franchise Tax Board has updated its list of the top 250 delinquent in income tax. It took just $290,965 to make this list, but leading the way are Halsey and Shannon Minor of San Francisco. The Minors are shown as owing $13,120,479.

There aren’t as many celebrities on the list as in the past, though one Pamela Anderson is shown owing $493,145. Also shown on the list is Ronald Isley; he owes $303,411.

The total owed by these 250 taxpayers (which does include some business entities) is $140,515,958.

Posted in California | Comments Off on Shaming in Income Tax for the Fourth Quarter

Shaming in Sales Tax for the Fourth Quarter

The Board of Equalization posted its fourth quarter 2010 list of the 250 most delinquent taxpayers. The BOE collects sales and use tax in California. (Now, if you’re asking me how the fourth quarter results can be posted at the end of November, well, I can’t answer that question. It’s likely the New Math.)

The BOE’s news release notes the newest 22 (or should that be bottom 22) tax delinquents. Sizzler restaurants are apparently having trouble remitting sales taxes, as several franchisees are shown with large dollar balances. The largest balance is from 2002, and is from California Target Enterprises, Inc. of Downey; they owe $18.1 million. It took a balance of $646,587 to make the list: Mira Loma Marine Commander Boats of Huntington Beach is shown owing that amount.

To date, $4.1 million has been collected through this program, with another $27 million to be paid through installment agreements. Unfortunately, there’s a total of $393 million owed by the 250 on the list so there’s definitely a way to go.

Posted in California, Sales Tax | Comments Off on Shaming in Sales Tax for the Fourth Quarter

The Light at the End of the Tunnel Is the Oncoming Train

The headline is apropos for the 111th Congress which likely won’t act on much of the budget, the extension of the Bush Tax Cuts, or the Estate Tax before the 111th Congress mercifully fades into oblivion. It will be difficult if not impossible for the 112th Congress to be worse than its predecessor.

However, that’s not what I’m writing about this evening. Rather, I’m writing about California. Steven Greenhut penned a superb op-ed that appeared in yesterday’s Orange County Register. Mr. Greenhut’s key point is stated almost at the beginning of the piece (though you should read the entire piece):

I think of my beloved California in the same light. What a great state, but it remains on a collision course with reality. We can’t keep spending money we don’t have, punishing those who pay the bills and ignoring the advice of truth tellers.

The problem is that Democrats in Sacramento appear completely clueless regarding basic economics. There solution to almost every problem is to increase taxes. Voters want it both ways, too: They want great services but don’t you dare increase our taxes. The major liberal-leaning newspapers write about eliminating Proposition 13 (at least as to how it applies to businesses, though they would prefer it vanish completely).

There’s a harsh reality that must be faced sooner or later by the Golden State: You can’t spend your way out of economic trouble. Those wonderful pensions will need to be cut with an axe, not massaged with a hand eraser. Remember those wonderful bureaucratic agencies you set up to regulate everything; you won’t just cut a regulation here or there but entire agencies will need to be cut. That’s the only solution to the problem.

Well, I guess there is another solution that would work in an alternate universe: Force all businesses to leave the state by increasing taxes to such a point that anyone who can leave does. Given what many Democratic legislators are saying in Sacramento, it appears they’re in that alternate universe.

Posted in California | 1 Comment

High Fashion or Really Big Tax Evasion?

I’m not a fashion snob. But even I have heard of Dolce and Gabbana, the Italian fashion powerhouse. So the news that Dolce and Gabbana are accused of evading income tax on €1 Billion of income ($1.324 Billion) should be really big news.

According to the UK Guardian the alleged tax fraud stems from funneling royalties to a company in Luxembourg. Luxembourg has a much lower income tax rate than Italy, and the prosecutor alleges that led to €616 Million of the possible tax evasion. (It’s unclear from the article what are the alleged causes of the other €384 Million of income where tax wasn’t paid.)

What is clear from the article is that the Italian newspapers more or less ignored the story, and Domenico Dolce and Stefano Gabbana (the principals behind Dolce and Gabbana) are escaping the probable negative publicity that normally accompanies such charges. Whether this turns out to be the Italian tax evasion case of the century will have to wait until Italian justice is served.

Posted in Tax Evasion | Tagged | Comments Off on High Fashion or Really Big Tax Evasion?

Wesley Snipes to Appeal to Supreme Court; Wants Bail

According to the BBC, actor Wesley Snipes has requested bail to be continued pending a further appeal of his convictions for income tax evasion. Judge William Terrell Hodges gave the Department of Justice until Tuesday to respond to Mr. Snipes’ request.

Very few tax cases are accepted by the Supreme Court; it is highly unlikely that the Supreme Court would elect to hear Mr. Snipes’ appeal. In my view Mr. Snipes is just prolonging the inevitable.

Still, I do agree with Mr. Snipes’ attorneys who stated in court filings,

Mr. Snipes has honored the court’s trust before, during trial, as well as pending sentencing and appeal…There is no reason to change the court’s judgment now. His ongoing and successful projects in the movie industry further ensure he would not consider fleeing.

Unfortunately for Mr. Snipes, I expect the DOJ to be less forgiving regarding bail.

Posted in Tax Evasion | Tagged | Comments Off on Wesley Snipes to Appeal to Supreme Court; Wants Bail