Rasmussen College Spotlights Tax and Accoungting Blogs (Including Us)

Rasmussen College, with campuses in the upper Midwest and Florida, decided to spotlight twenty blogs for accounting students. Some of the blogs you’ll recognize: The TaxProf Blog and Don’t Mess With Taxes are two of the other tax blogs that are listed. There are also some accounting and fraud blogs that I had not heard of (but definitely would be good reading for accounting students). I’m pleased to note that Taxable Talk is on their list.

I might quibble with one or two of the blogs on their list, but overall its representative of the quality of blogs that now exist. There’s a lot of excellent content available today on the Internet–quite a bit more than when I started this blog in 2005. You could do far worse than reading their list.

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Denver “High-End” Madam Indicted on Tax Evasion Charges

Somehow tax evasion goes hand-in-hand with strip clubs and escort services. And if the government is correct in its allegations, a Denver madam will soon have plenty of time at ClubFed to reflect on this.

Brenda Stewart apparently owned Denver Sugar/Denver Players. Ms. Stewart began as an employee and then bought the business. Unfortunately, if the indictment is accurate, her business methods were both unusual and illegal.

Ms. Stewart allegedly didn’t bother sending most of her employees 1099s or W-2s. She also allegedly didn’t bother filing a 2006 tax return and understated her 2005 income on that return. Ms. Stewart allegedly created a second company, Phoenix Media and Consulting, LLC. There’s nothing wrong with that. However, she’s alleged to have used that company to shield some of her income from her businesses and not report it. There’s a lot wrong with that (if proved).

As I keep saying, there’s something about strip club owners (and escort service owners) and tax evasion. They go together very well. As usual, it’s a whole lot easier to just pay your taxes…even if you’re an escort service owner.

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Selling Software to Cheat the Government Out of Strip Clubs’ Taxes Isn’t a Bright Idea

It’s one thing to sell accounting software such as QuickBooks. That product, when used properly, helps companies accurately report their income.

Theodore Kramer sold a very different software product. His Journal Sales Remover made income magically vanish from a company’s books. As the DOJ noted,

In 2001, the owner of two Detroit-area strip clubs requested that Kramer load the JSR program onto his clubs’ computer systems so that the club owner could report less income to the IRS. From about 2001 to about 2004, Kramer periodically visited the clubs to run the JSR program to remove a substantial amount of the clubs’ sales from their computers. The club owner then provided the reduced sales figures to his accountant. With Kramer’s assistance, the club owner understated his clubs’ gross receipts by more than $500,000.

Shock of shocks, a strip club owner wanted to cheat on his taxes. And more shocking is that the IRS would be looking at a strip club’s income (that was sarcasm, of course).

Joe Kristan has more.

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Snipes Heading to ClubFed

This evening as I was changing channels I briefly saw an infomercial hosted by Wesley Snipes. Well, Mr. Snipes doesn’t actually appear in the commercial.

But in the new television show, Wesley Snipes spends three years at ClubFed, Mr. Snipes will be appearing. Mr. Snipes was ordered on Friday to surrender and begin his three-year sentence at ClubFed. Judge William Terrell Hodges noted in his opinion,

The defendant Snipes had a fair trial; he has had a full, fair and thorough review of his conviction and sentence. … The time has come for the judgment to be enforced….

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Helping Boss, Wife, and His Mistress Leads to ClubFed, Not a Cheap Novel

Dennis Sartain used to be the typical accountant. He worked for Thomas Parenteau, a Columbus, Ohio homebuilder. Of course, Mr. Parenteau was found guilty of 11 counts of tax evasion and related charges, and that’s not typical. And as I reported earlier, Mr. Parenteau’s case comes straight from the pages of a cheap novel yet it’s absolutely true.

Well, Mr. Sartain was sentenced this week and he’ll have plenty of time to think about his dysfunctional employer and how he helped him commit tax evasion; he received 11 years at ClubFed. Mr. Sartain had turned down a two-year sentence; that’s an oops moment that Joe Kristan notes (along with more of the sordid details from this case).

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Does California Have Some of Your Money?

California used to be rather infamous about how quick it would seize unclaimed property. While the speed of seizing the funds has slowed down, there’s still millions and millions of dollars in Sacramento that belong to you. If you’ve ever resided in California (or had funds in California), you can check and see if you have any money in Sacramento that should really be in your pocket.

There’s an online database for the Unclaimed Property Office of the State Controller. Just enter your name and see if something comes up. If you do have something there, you will need to complete a form and send proof but you will get your money back if you do so.

Hat Tip: The Tax Foundation

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IRSAC Issues 2010 Recommendations; Will Sanity In FBARs Advance?

The Internal Revenue Service Advisory Council (IRSAC) issued their 2010 report. The report includes 23 recommendations to the IRS (and Congress, I suppose). The entire report is worth perusing. I’m going to focus on just one item of the 23 in this entry: FBARs.

IRSAC notes that the requirements for the FBAR are confusing and extremely overbroad. Well, as one who practices in this area all I can say is, that’s absolutely correct. So what is the IRS (not IRSAC) proposing? Currently, plans are underway for an additional form, the Son of FBAR.

IRSAC’s recommendations are a breath of fresh air.

Our summarized recommendations include: (a) extending the due date to October 15 to coincide with the final filing deadline for most income tax returns; (b) providing coordinated electronic filing for income tax filers, developing an easy to use electronic filing portal for non-income tax filers, and adopting the well established “mailbox” rule for paper filers, (c) requesting guidance in connection with a reasonable cause penalty relief to encourage and accommodate filings when accounts have been disclosed and income has been substantially reported; (d) changing the filing threshold, and (e) providing an exemption from the filing requirement for employee benefit plans and U.S. officers and employees of publicly traded corporations and their subsidiaries.

Somehow I suspect that adding a second form that duplicates the FBAR wouldn’t be on their wish list.

Of course, just because the recommendations exist does not mean that anything will come of them. Unfortunately it’s far more likely we’ll see the Grandson of FBAR rather than sanity prevailing on this issue.

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If Anyone Wonders Why the Economy Isn’t Adding Jobs

First, there’s the news that a deal to extend the Bush Tax Cuts is unlikely to pass Congress before year-end. I expected that (this Congress hasn’t shown any ability to pass anything useful). While both Democrats and Republicans have publicly stated they’ll pass an AMT patch, that hasn’t happened yet (though this is the one item that I actually expect Congress to deal with before year-end).

For business, that means uncertainty. Here’s what that does to businesses:

Meanwhile, here’s what happens to many individuals who want to start businesses today:

Finally, I’ll point out that I’m impacted by all of this. With California facing a $30 billion budget deficit, and Democrats in full control of the legislature and a new Democratic governor about to come on board, I expect tax increases here in the Bronze Golden State. For those who want to hear some different (edgier) music, that brings to mind this tune:

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California Starts the Year $6 Billion in the Hole

California’s Budget Analyst announced that the state is already $6 billion in the hole, and that the state faces a $25 billion deficit for 2011. Personally, I think that’s understating the problem: I suspect the deficit will rise to $30 billion. Governor-Elect Jerry Brown has pledged no new taxes or tax hikes but the public doesn’t believe him.

Current Governor Arnold Schwarzenegger has called the current legislature into a special session to deal with the $6 billion deficit. I’m not sure what he hopes for by this, as the only solution is drastic cuts to state government. And that solution is one which the Democrats who control the legislature will not touch.

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So I Won a Free Trip to the Bahamas. Now, How do I Report It on my Tax Return?

Well, luck, skill, or a roll of the die was with me: I did win that free trip to the Bahamas. Come early January I’ll be winging my way 2,492 miles to Nassau and then on to the Atlantis Resort on Paradise Island. I’ll be given $1000 in spending money (to buy the airline ticket), a hotel room, and an entry into a poker tournament. I will not be sent a Form 1099-MISC. So how should I account for this on my tax return?

First, I do need to include these items. All income is taxable unless Congress exempts it. Congress has not exempted contests and sweepstakes. So the value of any prizes you win must be included on your tax return. [1]

The easiest item to account for is the $1,000 in cash. That’s Other Income (line 21, Form 1040) on my 2010 tax return (I’ll receive that money in about one week).

Next is the value of the hotel room. The value that should be claimed on the tax return for a prize is the fair market value of the prize–that is, what you could purchase it for on the open market. I have a hotel room for nine nights. I can get a quote from various travel websites and determine the value. I find that my hotel is worth $1,200. [2] So that, too, must go on my tax return.

But what year should that income be reported in? While I won the contest in 2010, I won’t be receiving any value from the prize until 2011. Income in the U.S. is based on the concept of constructive receipt. The idea is when you receive something, whether or not you utilize it doesn’t matter; rather, it’s just the receipt that counts. Suppose you receive a check in the mail on December 27th but don’t go to the bank to deposit until the following January. You can’t delay the income because you’re tardy in going to the bank. The income still must be claimed on this year’s tax return.

Constructive receipt works in reverse, too. I won’t receive any of the benefits of the hotel room until January 2011. That portion of the prize–the $1,200 that my hotel room would cost if I paid for it directly–should be claimed on my 2011 tax return (due in 2012) as Other Income.

The final component of this is the poker tournament. The tournament’s buy-in hasn’t been officially announced, but let’s assume it’s $500+$50 ($500 goes into the prize pool and $50 to the casino for running the tournament). It’s pretty clear that has a value of $550, and that, too, is Other Income on my 2011 tax return.

There’s an additional complication, though. I’ve won an entry into a poker tournament. What happens if I win money in the tournament? More likely, of course, is that I do not win any money in the tournament; how is that treated on my 2011 tax return?

The result in the tournament, be it cashing for a prize or busting out and getting nothing, is treated like any other gambling result. If I do not cash, I have a gambling loss of $550. I can take that loss (and all other gambling losses) on Schedule A as a miscellaneous itemized deduction not subject to the 2% AGI limitation on itemized deductions. Of course, I can only take gambling losses up to the amount of my gambling winnings.

Let’s say that some combination of luck and skill allows me to cash for, say, $2,550 in the tournament. I have a gambling win of $2,000 ($2,550 gambling win less the buy-in of $550) that must be noted as Other Income (line 21 of Form 1040). “But weren’t you provided the entry for nothing?” you ask. Yes, but the value of the entry has already been accounted for. To not include the entry would cause me to be taxed twice on the same income.

“Well, if you lose you won’t be reporting the $550,” you state. That’s possibly correct, but the winning of the entry through a contest and the result in the poker tournament are two separate, discrete events and must be handled as separate items on the tax return. (Note that if I have no other gambling during 2011 and do not cash in this tournament that I would not be able to take the gambling loss.)

If any of you will be at this poker tournament at the Atlantis Resort in January, please stop and say hello. I’ll be the gentleman losing all his money in Binglaha on January 14th. [3]


NOTES:

[1] Anyone who doesn’t think that contests and sweepstakes must be declared on their tax returns can imitate Richard Hatch, the first winner of Survivor on CBS. He still thinks that’s the case even after receiving 51 months at ClubFed. I know better and hopefully you do, too.

[2] Estimated value of the hotel room. I’ll determine the actual value once I know the dates I’ll be staying at the hotel.

[3]What is Binglaha? It’s an Omaha poker variant popular at BARGE. It is played exactly as pot-limit Omaha, except that after the flop betting a single die is rolled (typically by the player on the button.) If the result of the roll is a 1, 2, or 3, the game is played high-low split eight-or-better. If the roll is 4, 5, or 6, the game is played high-only. The person originally responsible for this monstrosity is Don “ADB Bingo” Reick.

Posted in Gambling, Taxable Talk | 4 Comments