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.

Posted in Tax Evasion | Comments Off on Bondage Broken So Now They’re In Bondage

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.”

Posted in Tax Evasion | Comments Off on 34 Years of Evading and the Holocaust

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.”

Posted in Tax Evasion | Comments Off on Two Sets of Books Are Not Better than One

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.

Posted in Tax Evasion | 1 Comment

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.

Posted in North Carolina, Sales Tax | Tagged , | Comments Off on North Carolina Has a Use for Amazon

At Least, He’s Doing Well…

Who is Halsey Minor? He happens to top the California Franchise Tax Board’s semi-annual listing of tax delinquents. I may not have heard of Mr. Minor, but many others have; he is the founder of CNET. Mr. Minor told c-ville.com that the tax debt owed to California–$13,120,479.39–is accurate. Mr. Minor blames Merrill Lynch for his problems. “I am not sure how many people have made $130 million over the last several years. It also proves the difficulties Merrill has created, all of which will be tried in front of a jury in California [on] January 25, 2011.”

There are other interesting names on the list. Coming in at #6 with a tax debt of $5,184,641.51 is former major league baseball player Kevin Mitchell. And then well down the list with a tax debt of $493,144.68 is Pamela Anderson. Yes, that Pamela Anderson.

I must report, though, that OJ Simpson is no longer on the list. Apparently, being in prison in Nevada is a good excuse for not paying the FTB.

It took a tax debt of $290,964.78 to make the list.

Posted in California | Tagged | Comments Off on At Least, He’s Doing Well…

Who Runs California: The Legislature or the SEIU?

If anyone wonders why California is in trouble, wonder no more. Here’s a clip from a recent legislative hearing:

So should our legislators do what’s good for the people of California or what’s good for the SEIU? Well, we know what the SEIU thinks is right. (The SEIU is the Service Employees International Union, the largest union of state employees in California.)

My thanks to the reader who sent me the link to the YouTube video.

Posted in California | Tagged | Comments Off on Who Runs California: The Legislature or the SEIU?

Aloha! Hawaii Repeals Gambling Loss Prohibition

Last summer Hawaii enacted a tax, err, the elimination of the ability to take gambling losses as an itemized deduction. This made our fiftieth state even less of a good place for gamblers to reside. Today, Governor Linda Lingle signed legislation repealing the repeal of the gambling loss deduction. Hawaiian gamblers can now take gambling losses as an itemized deduction on their returns.

The repeal is retroactive for 2009. Anyone who did not take the deduction and needs to can file an amended return. Hawaiian state income tax returns are not due until Tuesday, April 20th.

Posted in Gambling, Hawaii | Comments Off on Aloha! Hawaii Repeals Gambling Loss Prohibition

Bozo Tax Tip #1: Procrastinate!

It’s April 16th. There was a deadline yesterday?

Well, this post was supposed to appear yesterday morning, but apparently I clicked on the 16th rather than the 15th when I wrote it. What a difference a day makes. Yesterday, you could still file an extension and save yourself the Failure to File Penalty (5% of the tax per month late). Today, you can’t.

So what do you do if you can’t file your tax? File an extension. If you wake up today and realize there was a deadline yesterday, well, get your paperwork together so you can file as quickly as possible and avoid even more penalties. Penalties escalate, so unless you want 25% penalties, get everything ready and see your tax professional next week. He’ll have time for you, and you can leisurely complete your return and only pay one week of interest, one month of the Failure to Pay penalty (0.5% of the tax due), and one month of the Failure to File Penalty.

There is a silver lining in all of this. If you are owed a refund and haven’t filed, you will likely receive interest from the IRS. Yes, interest works both ways: The IRS must pay interest on late-filed returns owed refunds. Just one note about that–the interest is taxable.

I hope you enjoyed our Bozo Tax Tips for the 2009 filing season. We’ll be back next week resuming our normal coverage of tax events in the US and California.

Posted in Taxable Talk | Tagged | Comments Off on Bozo Tax Tip #1: Procrastinate!

Bozo Tax Tip #2: Be Suspicious!

Another repeat, but one that is a continual issue with cash business. It may be “cash and carry,” but cash is taxable in all ways. And cash reporting (or lack thereof) can be a problem. Our #1 Bozo Tax Tip is brand new for this year and it will be up tomorrow! Anyway, let’s be suspicious:

Given my practice area, I deal with individuals who occasionally make large cash deposits. I tell them that they shouldn’t mind the completion of a Currency Transaction Report. The IRS gets so many of them that as long as you’re paying your taxes it’s not a big deal.

On the other hand, if you break up your $11,000 transaction into two $5,500 deposits, you can get in trouble. Big trouble. A suspicious activity report (SAR) might be issued. The IRS doesn’t get as many of these, and a lot of them are investigated. And that’s what leads into this tale of woe.

We’re focusing today on a public figure. He was a prosecutor, and he used the Bank Secrecy Act (among other laws) to help send many individuals—primarily in organized crime—to prison. He then became Attorney General of his state, serving two terms in that office. He was then elected Governor.

But our public figure had a problem. He enjoyed the world’s oldest profession. While traveling to Washington, D.C. he used a service called the Emperor’s Club. He funded his nighttime activities by making multiple wire transfers of just under $10,000.

Come on, could a politician who used to use the Bank Secrecy Act actually get blindsided by the Act? Yes. Eliot Spitzer’s wire transactions were duly reported by North Fork Bank. That led to an IRS investigation which led to an FBI investigation which led to a governor becoming an ex-governor.

So if you want to send money, go big-time. Send more than $10,000. But whatever you do, don’t break up your cash transactions into smaller pieces to evade the reporting requirements. One day you might find two armed federal agents at your door, reminding you, “You have the right to remain silent….”

Posted in Taxable Talk | Tagged | Comments Off on Bozo Tax Tip #2: Be Suspicious!