SuperSeminar Time

I’m heading to the annual CSEA SuperSeminar. Posting will be light to non-existent until next Thursday, May 13th.

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It Was Only Unexpected for the Legislature…

The Los Angeles Times story starts,

State tax collections plummeted unexpectedly in April, wiping out months of steady gains that legislators hoped would ease their budget troubles and restore California’s economy faster than experts predicted.

Perhaps the Legislature or newspaper writers should ask California tax professionals what would likely happen to tax collections. The only thing that was unexpected about the drop off was that it’s a surprise to some. California’s unemployment rate has risen to 12.6%. The Legislature increased income and sales tax rates in 2009. Many more people are out of work now than a year ago. How in the world were tax revenues going to increase when the average Californian is saving money rather than spending money?

California faces an $18.6 billion to $22 billion deficit. The state’s regulations make it clear that expanding businesses should look elsewhere. What California needs to do is drastically cut wage packages to unionized state employees. When I was growing up, civil servants received relatively low salaries but had good retirement packages. Today, they have great retirement packages and make more money that comparable individuals in private industry. This needs to change, just for state employees but all levels of government.

I’m not holding my breath for this to happen in Sacramento this year.

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Pennsylvania Goes for Big Brother

Via the TaxProf Blog and others comes this horrendous advertisement from Pennsylvania:

I have nothing against Pennsylvania’s tax amnesty. I have everything against Big Brother-like methods for collecting taxes…even in a commercial.

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Bad Medicine

Taxes are always tough to stomach. A group of doctors in North Platte, Nebraska thought they found the perfect solution: A California CPA’s phony Nevada Corporations to shield taxes. This was definitely a case where the prescription was worse than the illness. Joe Kristan has more.

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Of Strip Clubs, Doormen, Taxi Drivers, and Ca$h

I’ve made plenty of posts on strip clubs and how some owners of these clubs manage to “forget” to report all of their cash income. Well, I’m heading to Las Vegas next week for the annual California Society of Enrolled Agents’ SuperSeminar. There’s a battle shaping up in Las Vegas: the IRS versus strip clubs, doormen, and taxi drivers.

There are many strip clubs in Las Vegas. Suppose you own one of these clubs; how could you draw more customers? While advertising, signage, and word-of-mouth will clearly help, there are obvious limits to this given the nature of your business. So strip clubs pay out “finders’ fees” to doormen and taxi drivers.

Of course, that cash being paid out is taxable (all income is taxable unless exempted by Congress). But how much of it actually gets reported? If you guessed “about zero,” you’d be correct. And the IRS isn’t happy about this.

Doug Elfman of the Las Vegas Review-Journal reported on this last week. The IRS discovered how much cash was being thrown around (at least $100 per person brought to a club) and read club owners the riot act: Start following the law and issue 1099s or find yourselves at ClubFed.

Mr. Elfman noted that there’s one industry in Nevada that scrupulously follows the law: brothels. The oldest profession in the world knows to be smart with the IRS. We’ll see if the clubs follow suit or end up in trouble with the IRS.

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Bondage Broken So Now They’re In Bondage

There’s nothing like the Church of the Everlasting Tax Break. What–you haven’t heard of that church? Well, what about the Temple of the Holy Deduction? Missed that one, too? How about the Bondage Breakers Ministry? That one rings a bell.

And it should. I’ve reported on that group on two occasions. As Joe Kristan noted, “There have been other cases of attorneys using trust accounts to facilitate tax fraud, but this one is the most ambitious (stupid) to surface in some time.” The principals of Bondage Breakers, Lindsey Springer and Oscar Stilley, will get to enjoy bondage of another sort–ClubFed–for 180 months.

That’s 15 years in bondage. Joe Kristan has more.

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34 Years of Evading and the Holocaust

Jack Barouh founded Michele Watches, a luxury brand. He sold the company to Fossil, Inc. in 2004 for $50 million. Mr. Barouh, a Holocaust survivor, in another American success story.

But Mr. Barouh had a problem. He remembered the holocaust, and he took money and hid it in various overseas accounts to avoid a recurrence of losing everything. He began putting the money aside in 1976. That wouldn’t be an issue, except he ran afoul of US foreign account reporting laws. Additionally, with millions of dollars in various foreign accounts that earned interest, he needed to report the income on his tax return.

He didn’t.

He pleaded guilty in February to one count of filing a false tax return. Mr. Barouh has paid $5 million in fines for not reporting his foreign accounts, and he will be paying his back taxes, interest, and penalties to the IRS.

Mr. Barouh was sentenced last week to ten months at ClubFed. He’s cooperating with the IRS and Department of Justice into their investigation of UBS. He’s given the government names of two bankers and an attorney. “The information he’s provided, we are using,” Assistant U.S. Attorney Jeffrey Neiman told the Associated Press. “It is ongoing.”

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Two Sets of Books Are Not Better than One

Most businesses maintain a set of books: the accounting records that show the income and expenses of the business. Most businesses keep accurate books. After all, it’s important to know how profitable the business really is. Other businesses, though, like the idea of two sets of books. One set shows the actual income and expenses. The second set shows lesser numbers that can be used so that lower taxes are paid. As long as no one finds out it’s an effective (but illegal) means of lowering the tax bill.

That’s exactly what John Pinone and Francis DelMastro are alleged to have done. Mr. Pinone and Mr. DelMastro ran a bar in Storrs, Connecticut called Civic Pub. The business, operated as an LLC, received cash. The owners, though, have been indicted on conspiracy and willfully filing false tax returns. It’s alleged that the owners kept the cash on the real set of books, not the books provided to their accountant and used to prepare their LLC and personal tax returns.

Mr. DelMastro is accused of keeping the allegedly skimmed cash in various places in his home, including his freezer (shades of former Congressman William “Cold Cash” Jefferson).

Mr. Pinone is a former star basketball player at Villanova and is currently a high school basketball coach. His attorney told the Hartford Courant, “We ask the people of this state to keep an open mind and remember John is presumed innocent. These proceedings are at the beginning and not at the end.”

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Off the Farm

There’s tax evasion, and there’s big-time tax evasion. Bill Melot, of Hobbs, New Mexico, committed really big-time evasion.

Mr. Melot had a farm near Hobbs. The news report doesn’t indicate what he grew, but he did get farm subsidies from the US Department of Agriculture.

But Mr. Melot didn’t want to pay taxes. And he didn’t–the last tax return he filed was in 1986. He used a false social security number and a phony Federal Employer Identification Number (EIN) with the USDA. Among his other crimes, he got $225,000 of farm subsidies illegally.

That, though, is the least of Mr. Melot’s troubles. His back tax bill totals $18 million. He neglected to report a bank account with Nordfinanz Zurich in the Bahamas. And he was convicted on Friday of tax evasion, failure to file tax returns, impeding the IRS, and making false statement to the USDA.

Mr. Melot will be sentenced in May, and he’ll be spending years at ClubFed.

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North Carolina Has a Use for Amazon

Via the Volokh Conspiracy comes the news that North Carolina is seeking the names of everyone who has bought anything from Amazon.com since 2003. Now, why in the world would the North Carolina Department of Revenue want to know what everyone in North Carolina has purchased from Amazon?

Use Tax.

When you buy something from an out-of-state merchant that has no physical presence in the state, you are supposed to pay Use Tax. Use Tax laws have, for the most part, been on the books for years (California’s law dates back to the 1930s). North Carolina tax authorities figure that if they sent an administrative summons to Amazon maybe they could find $16 million or so of easy money.

In December, North Carolina sent the first request to Amazon. Amazon sent a list of what North Carolinians purchased from Amazon by product, city, and ZIP Code, but left off the customer names and addresses. There’s no question that Amazon isn’t subject to collecting sales tax in North Carolina–they have no offices, employees, or any physical ties to the state. So the “audit” of Amazon’s sales tax collections in North Carolina would seem to be just a grab for the names of state residents who hadn’t paid Use Tax.

And that was basically confirmed. North Carolina wasn’t satisfied with the initial data that Amazon sent:

By letter hand delivered on March 19, 2010, to Amazon in Seattle, Washington (the “March Information Request”), the DOR stated that Amazon’s initial response to Question 16 of the December Information Request omitted the “Bill to Name; Bill to Address (Street, City, State, and Zip); Ship to Name; Ship to Address (Street); Product/item code or description” (the “Customer Data”). The DOR demanded that Amazon provide this information “for examination” on or before April 19, 2010.

That comes from the request for Declaratory Relief filed by Amazon in federal court in Seattle. “Amazon respectfully asks this Court for … [a] declaration that, to the extent the March Information Request demands that Amazon disclose its customers’ names, addresses or any other personal information, it violates the First Amendment and 18 U.S.C. § 2710 .”

If North Carolina is successful, expect every state to come calling on every online merchant demanding sales information. I might even get summonsed by Florida, a state where there’s sales tax on services (I do have clients in Florida). This will be a very important battle that will likely shape sales and use tax law for some time.

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