Shock! Government Agencies in California Forced to Lay Off Employees

The Los Angeles Times has a story today on how government agencies in California have been forced to lay off workers. The Times calls the cuts “ravaging.” I’d call them necessary and the tip of the iceberg.

There’s a basic fact of budgeting that I and other small business owners must live with: We can’t spend more than what we take in. If I spend $50,000 more than my revenues, I’m either going to have to use my savings or tap a loan or line of credit. The latter is a short-term solution; the former causes most business owners consternation.

Government agencies have considered themselves “self-perpetuating” organizations. Some politicians talk about the “Government Sector.” The last time I checked, government is supposed to be of the people and for the people, not for the government. While I do feel sorry for the workers who have been laid off some portions of California’s government are starting to learn about basic economics.

California faces an interesting choice in the election on November 2nd. The Republican candidate for governor, Meg Whitman, touts her experience in running eBay and her business acumen. The Democratic candidate, former governor Jerry Brown, says he’s never increased taxes. The negative advertising has been loud and furious (by both candidates, and their surrogates). My mother said it’s one of the worst barrages of political advertising she can remember.

Yet there’s an obvious truth that must be noted. Jerry Brown’s biggest supporters are public employee unions. Public employees (especially their contracts and pensions) are a huge part of the problem in California. If Jerry Brown wins, will he be willing to fight the unions? Like it or not, the next governor will be faced with the choice of drastically raising taxes to pay for public employees’ largess or fighting the unions. Somehow I doubt that Jerry Brown will fight the hand that is feeding him.

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It Was Only $12 Million and You Seized it Five Years Ago, So Now You’re Filing Charges?

One of my first ever blog posts (back in 2005) was short and succinct: “Cops Moonlighting as Strip Club Bouncers Charged with Tax Fraud.” Back in April, 2005, Michael Wellek, the owner of an Elk Grove Village (Illinois) strip club called “Heavenly Bodies” and his policemen workers found themselves in trouble.

It all began when $12 million in cash was seized from a warehouse owned by Mr. Wellek in 2003. The government accused Mr. Wellek of owing $11 million in taxes, penalties and interest. The civil case drags on to this day.

However, after five years there is an update. This past week Mr. Wellek was indicted on tax charges for not filing tax returns from 1989 to 1999 while maintaining that $12 million in a warehouse. The two-count indictment alleges that Mr. Wellek obstructed the IRS and filed a false tax return in 2000. Mr. Wellek’s attorney told both the Chicago Sun-Times and the Chicago Tribune that he expects Mr. Wellek to plead guilty to both charges this week.

Sometimes the wheels of justice turn very, very slowly.

News Stories: Chicago Sun-Times, Chicago Tribune

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Uh Oh: Instead of My Tax Refund All I Got Was This Piece of Paper…

California is short of money, so according to Spidell, all California tax refunds have been suspended. The suspension is due to “cash flow difficulties.” California does have a budget so, in theory, refunds should resume soon. Of course, that depends on how collections go with the October 15th extension deadline…

It would be helpful if the Legislature were to pass a budget whose outflows matched the inflows. That, though, appears to be asking too much.

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You Can Possibly Help Eliminate the Draconian FBAR Penalties

Phil Hodgen, a tax attorney in Pasadena, has been approached by a reporter who is working on a story dealing with the draconian nature of FBAR penalties. From Phil’s post:

A certain large American publication is working on a story on the Voluntary Disclosure Program and how the IRS is treating taxpayers. Your input is needed.

If you are willing to tell your story to the reporter working on this story, please contact me directly. I will pass along your information.

If you are a professional, an individual dealing with the direct or indirect consequences of the FBAR (especially an individual residing outside the United States who is a US citizen), this is something that you should respond to. The FBAR rules are draconian, and the IRS (and Department of the Treasury) have been imposing penalties is a very draconian nature.

Read Phil’s post, and if you think you can provide information, let Phil know. Phil says, “The IRS needs to hear the impact of what they are doing on Americans who have offshore bank accounts but decided–for whatever reason–to not participate…I will help you assure your anonymity in this situation as well.” You can email Phil at phil at hodgen dot com. His post even has his cell number.

Like Phil, my clients have been impacted by this; however, most of my clients have non-interest bearing accounts and have not (to date) been targets of the IRS/Treasury witch hunt.

I’ll be back with more posts next week after the October 15th deadline passes.

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Brother, Can You Spare $30 Billion?

The analysis is out and California has another Bad Budget™. Let’s see what’s in this “Let’s Defer to Tomorrow What We Don’t Want to Address Today” piece of cheese:

  1. The budget assumes $5.4 billion in federal funds.  That seems fine until you realize that only $1.3 billion is likely to make its way here.  Well, that’s only a $4.1 billion difference.
  2. The budget assumes that tax revenues will be higher than anyone in Sacramento (other than the people writing the budget) have projected.  Think of a rosy forecast, and then think best case of rosiness, then…well, you get the idea.  Let’s add another $2 billion of overage.
  3. There’s cuts to state workers and schools.  Well, that might be good except the way the budget is written these cuts must be paid back.  That’s probably another $5 billion or so.
  4. The budget assumes state workers will agree to major cuts in pensions.  Well, there’s probably no choice in that regard–the cuts pretty much have to happen.  Still, what if they don’t agree?  Contracts are contracts.

And the pension issue is particularly ugly, as Steven Greenhut reported in today’s Register. My educated guess is that the new governor will be facing a $30 billion deficit when he or she takes office. That’s a lot of money.

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Congressman’s Wife to Plead Guilty to Tax Charges

For those who don’t watch television, listen to the radio, or get mail, yes, there’s an election in less than a month. And for one Congressman in Massachusetts, there’s some bad news.

Congressman John Tierney represents Salem and surrounding areas in the 6th Congressional District in Massachusetts. Mr. Tierney’s wife, Patrice, will plead guilty today to federal tax charges related to her helping to conceal her brother’s illegal sportsbetting business. The actual charges will be aiding and abetting filing false tax returns.

The charges stem from her brother’s operation of the Sports Offshore sportsbook. Mrs. Tierney allegedly provided incorrect information to the tax professional used by her brother, Robert Eremian. The bank account managed by Mrs. Tierney had something like $7 million, and those funds were “commission” income from “computer consulting” rather than funds from illegal gambling. (The Wire Act clearly prohibits sportsbetting in the United States except for licensed casino in areas such as Nevada.) The Eagle-Tribune notes,

Tierney released a statement yesterday saying that his wife accepts full responsibility for being “willfully blind” to her brother’s action. He said she acknowledges that she “should have done more to personally investigate the true nature of Mr. Eremian’s business activities. …”

That’s definitely the case, especially because it wasn’t Mr. Eremian’s first brush with tax trouble. Mr. Eremian pleaded guilty to tax evasion in 2002 for evading $58,422 in income tax. Today, Mr. Eremian is a fugitive.

As for Mr. Tierney, he is locked in a reelection fight. This is not a good year for Democrats in general, and even some Massachusetts Democrats face difficulties. For Mr. Tierney’s opponent, Bill Hudak, the disclosure today represents a political opportunity.

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I Think I’ve Seen This Before

You go on a reality television show, and you manage to win a prize. Along with your check the producers hand you a Form 1099-MISC. Do you:
(a) Report the winnings on your taxes, as the IRS will have those figures;
(b) File a tax return, but leave out the winnings. The IRS will never notice; or
(c) Don’t file a tax return for the year in question. After all, if it’s not written down, it never happened (and who cares about the millions of witnesses).

Richard Hatch tried course (b). It didn’t work particularly well. Actually, for tax bloggers it was wonderful. We got a ton of fun reports out of Mr. Hatch’s misadventures and his trip to ClubFed.

Adam Jasinski tried course (c). He also engaged in buying and selling of narcotics. He’s only facing one year for the tax charge, but he’s looking at 15 years for the drug charge. The TaxGirl, Robert Flach, and Joe Kristan all report on Mr. Jasinki’s attempt to channel the spirit of Richard Hatch.

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“Threatens to Bankrupt [California]”

That line was used by the Orange County Register to describe the California Center for Public Policy’s report on Pensions and Employee Compensation. That’s scary.

Here’s a quote from the Register:

The report says that the state’s tax-paid pensions have made defacto millionaires out of most of California’s employees by the time they reach their late 50s. Meanwhile, public safety and other employees frequently pay less than half or none of their retirement benefits, says the report, “Reforming Public Employee Pensions and Compensation.”

Here’s the conclusion from the Report.

California faces three choices in the coming years to right its government fiscal imbalance at state, school district, county, and city levels–though usually only the first two are considered:
1) reduce services;
2) raise taxes, fees, and charges; or
3) pay public employees fair salaries, benefits, and pensions
The third choice is the preferred alternative to avoid either further and continually diminishing government services, or further and continually increasing taxes, or both. California’s budgetary crises would be resolved with more more public services and lower taxes if public employees were paid fair salaries, benefits, and pensions.

The full report is well worth your time as it succinctly describes the reality not just in California but in most states and locales in the country.

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That Was the Week That Was

A very interesting week has past, featuring PTIN madness, a new California budget that is yet another bad budget, and what not to do if you’re unhappy with your tax refund.

First, Joe Kristan linked to the Bad Lawyer Blog. No, there really are good lawyers (my lawyer and my relatives who are mostly attorneys). But the Bad Lawyer was sentenced to five months at ClubFed for attempted tax evasion. (Although the lawyer first wrote that he was sentenced to home confinement, he received jail time.) Very interesting reading.

Joe also posted on the fallacy of the “less than 98% of small businesses will be impacted by the upcoming tax increases.” In quantity, that’s true; but in economic impact, it’s false.

Today, the TaxProfBlog noted that former Kansas City Chief Joe Bruner received one year in prison for assault. He thought he should have gotten a larger tax refund, so he took it out on his accountant.

Lots of tax bloggers have written about their fun with the PTIN. Besides my two posts (here and here), here are some of the other posts:
Robert Flach’s What a Mucking Fess;
Kerry Kerstetter’s Own PTIN Application and a report from a CPA whose application didn’t go smoothly.
Let’s just say there are bugs in the system, and it’s likely going to be awhile before they’re worked out.

Finally, as I noted California has a budget…maybe. The Orange County Register noted that according to legislators and others who refused to go on the record, the budget contains lots of borrowing, very rosy projections, and gimmicks. While there aren’t any new taxes, there’s no real solution with this budget. Yes, I can make a budget balance if I just say that revenues will be a couple billion higher than everyone knows they’ll be and then borrow the rest. Expect a $20 – $30 billion budget shortfall in 2011 in California.

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Bills Vetoed and Signed

Lots of bills signed and vetoed by Governor Schwarzenegger. Most of these do not have tax implications though a few do. Here goes:

SB 1244 was signed into law. This fixes a major conformity issue between federal and California law regarding LLC payroll (non)conformity. This is a huge win for California LLCs. One note of caution: Conformity under this measure starts on January 1, 2011; the bill is not retroactive.

AB 2418 was vetoed. We’re now into humor: The bill would have removed the apostrophe in the Contractors’ State License Law. Here’s Governor Schwarzenegger’s veto message:

To the Members of the California State Assembly: I am returning AB 2419 without my signature …

-Number of legislative committees that took time hearing this bill: 3

-Number of pages in this bill needed to remove an apostrophe: 184

-Taxpayer dollars used to pass this bill through the Legislature: $ thousands and thousands.

-The outrage the public should have that the Legislature is spending its time “working” on bills like this instead of focusing on California’s real problems: PRICELESS.

The massage industry is thrilled that the Governor vetoed a measure that would have mandated law enforcement members on the California Massage Therapy Council. I have to wonder why there’s a California Massage Therapy Council.

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