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.

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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.

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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.

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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.

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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.

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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.

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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.

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Paul Hogan Cleared of Criminal Tax Evasion

The Australian Crime Commission announced last week that actor Paul Hogan (star of Crocodile Dundee) has been cleared of tax evasion charges. The ACC stated,

On the material presently available to the ACC, including documents recently obtained as a result of overseas inquiries, the ACC has concluded that there are insufficient prospects of securing convictions to justify continuing with its investigation this time.

Mr. Hogan still faces a civil case by the Australian Tax Office. The ATO alleges that Mr. Hogan owes income tax on $40 million (AUD) of income that wasn’t on his tax returns.

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Expect an AMT Patch…Eventually

The 111th Congress will likely be remembered in history books for profligate spending and going against voters’ wishes. Sure, some of President Obama’s agenda was enacted (such as Obamacare), but most of it wasn’t wanted by voters. The public responded by voting out many Democrats. However, the 111th Congress will be back in session one last time in a ‘lame duck’ session.

As Jim McTague reports in Barron’s, the upcoming tax season will almost certainly be worse than usual. First, it’s almost certain that an AMT patch will be enacted. (If an AMT patch is not enacted, somewhere around 25% of Americans, including many middle-class families, would be hit with AMT. Congresscritters are well aware that the outcry would last years, and would ensure that they wouldn’t be Congresscritters the next time they come up for an election.) However, will the Senate consider that patch this week? Or what about the budget? No, food safety will dominate the Senate this week.

What this means is that the IRS must assume an AMT patch won’t be enacted, and the agency won’t update their computers until one is. That means the IRS probably won’t accept electronic returns (or process most paper returns) until sometime in February.

Next, what about the Bush Tax Cuts. President Obama has said he’d like to see those extended for the “middle class” while Republicans want them extended for everyone. I don’t see anything passing the 111th Congress, so while I think eventually we will see such legislation, and some to all of the Bush Tax Cuts will be extended, the IRS will be forced to assume that none of them will be.

What does this mean? Well, if you get a paycheck, the withholding tables the IRS will issue will assume higher tax rates, and you will get less money in early 2011. Assuming that some sort of extension of the Bush Tax Cuts eventually passes, we’ll see revised withholding tables sometime during 2011. Until that happens, you will receive less pay. As I’ve said before, the elimination of a tax cut is a tax increase.

I agree with Mr. McTague’s conclusion:

Democrats and Republicans in the 111th haven’t worked together in two years…My advice: Assume the worst, and take some profits and income in 2010. And plan for less take-home pay in the first part of 2011.

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