Monday the Rabbi Went to ClubFed

I’ve previously reported about Naftali Tzi Weisz, the Brooklyn rabbi who really like soliciting donations…but also secretly gave back much of the money. Rabbi Weisz pleaded guilty to Conspiracy earlier this year, and yesterday was sentenced to two years at ClubFed. His assistant also received a two-year sentence.

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It’s Unpopular, Unworkable, and Insane, So Naturally They’re in a Hurry to Pass It

So I noted last month (more accurately, noting that Joe Kristan’s comment was completely accurate). We have a new listing of the taxes in the healthcare legislation. The new taxes are noted by italics while taxes that have been removed are noted by strikeout text.

1. Individual Mandate Tax. For those who don’t purchase health insurance, this income tax surcharge will start at $95 $495 (S)/$295 $990 (2)/$1485 (3+) or 0.5% of AGI in 2014 and rise in 2016 and future years to $750 $495/$2250 $990/$1485 or 2% of AGI.

2. Employer Mandate Tax. On businesses with 50+ employees that do not offer health care, and at least one employee qualifies for a tax credit, $750/employee. This will cause many small businesses to stop growing once they reach 49 employees.

There is also a waiting period tax of $400 (if the wait is 30-60 days) or $600 (60+ days). This tax also starts in 2014.

3. Excise Tax on Health Insurance Plans. Beginning in 2013, 40% tax on plans costing $8500/$23,000. Is indexed to CPI. In high premium states such as California, many plans would pay this tax. My health insurance would likely pay this tax…and it’s not a Cadillac plan. There’s a higher threshold for early retirees ($9850/$26,000) and those in “high-risk” professions. Longshoremen are exempt.

4. Health Insurance would be reported on W-2s. Another mandate that increases costs for business.

5. “Medicine Cabinet Tax.” Limitation on HSAs, FSAs, and MSAs to purchase non-prescription medication except insulin. Note that this is also in the House healthcare bill.

6. HSA Withdrawal Tax Increased. The tax would increase to 20% from 10%. This is also in the House legislation.

7. FSAs capped at a maximum of $2500. They are now uncapped.

8. 1099 Reporting for corporations. Requires businesses to send 1099-MISCs to corporations. This is another cost for businesses. This will begin in 2011 and will definitely increase my income.

9. Tax on Charitable Hospitals. This excise tax of $50,000 per hospital impacts hospitals that don’t meet new Department of Health and Human Services regulations.

10. Tax on Drug Companies. The tax would be $2.3 billion based on sales percentage.

11. Tax on Medical Device Manufacturers. The $2 billion tax is also based on sales percentage. It rises to $3 billion in 2017.

12. Tax on Health Insurers. A $6.7 $10 billion tax based on percentage of health insurance premiums collected. It now phases in gradually until 2017.

13. Elimination of tax deduction for employer provided retirement prescription drug coverage.

14. Increase of percentage of AGI required to deduct medical expenses from 7.5% to 10%. Few can deduct medical expenses today; fewer will be able to deduct them tomorrow.

15. Compensation Limitation for Health Insurance Executives. If you work in that industry, you will be limited to a salary of $500,000.

16. Medicare Payroll Tax Hikes. Once your income exceeds $200,000/$250,000 (MFJ), you will pay an additional 0.5% 0.9% tax. Note that the employer will only collect (and be responsible for this tax) if you earn $200,000/$250,000 or more. This also impacts the self-employed. And the law is written so that the self-employed cannot deduct half of the new tax as a deduction to income tax.

17. Blue Cross Tax. There is a tax deduction available today for Blue Cross and Blue Shield companies; this tax deduction will vanish if they don’t spend 85% (or more) of premiums on clinical services.

18. Excise Tax on Cosmetic Medical Procedures. A new 5% excise tax on these procedures.

18. Tax on Indoor Tanning. A new 10% excise tax on indoor tanning salons.


This is bad legislation, unwieldy, probably unconstitutional, and will hurt us all. So of course there’s a rush to pass it….

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April 15th No More

About a year ago I discover a tax blog called Apirl15.com. I doubt we’ll be seeing any more of this blog; according to an affidavit from an IRS Special Agent, the proprietor of the blog has admitted to embezzling $8.5 million.

William Murray, a CPA from Sacramento, allegedly told his clients to pay their taxes through a “trust account” system. This “service” would help the clients and make things easier for them. Mr. Murray also allegedly had clients send money that he would allegedly “loan” to other clients.

Unfortunately for his victims, it was all a lie. From the affidavit:

In a non-custodial, unimmunized interview, Murray provided a spreadsheet—which he said was incomplete—which indicated that from January 2005 to November 2009 he deposited over $6.5 million dollars of client tax payments to his “trust account” of which he only paid $376,355 to the IRS and/or state taxing authorities on behalf of his clients.

In that interview, Murray also admitted to another lie he told clients. He said that he told them to invest in a financial services entity he called US Financial Services. It was bogus. Using this story, Murray fraudulently obtained over $2,023,674 from clients who intended to invest with him.

Mr. Murray admitted that the money he obtained was used, “to support an extravagant lifestyle of fine dining, travel, entertainment, attendance at professional sports events, …three residential properties, and … a 10 vehicle fleet limousine service known as Luxury Limousine.” Mr. Murray also allegedly was a heavy gambler.

Mr. Murray is cooperating with authorities. Donald Heller, his attorney, told the Sacramento Bee, “He’s fully cooperated with the government. He accepts responsibility for his conduct and is very remorseful. He’s a very capable individual who enjoyed a wonderful reputation.”

The investigation began after a doctor told the Special Agent that he had given money to Mr. Murray’s business to pay his taxes, but the IRS had garnished the doctor’s account for failing to pay the taxes. The investigation began, and the facade crumbled away. He was arrested last week and is currently free on bail. His preliminary hearing is set for February 12th.

I learned of this case from an email from a blog reader. He’ll certainly have a casualty loss claim, but if Mr. Murray gambled away and spent his money it’s likely most of it is gone for good.

I’m unaware of accountants offering “trust services.” I don’t want to touch your money (except when you pay my invoices). I don’t want the liability if something goes wrong. Unfortunately, not everyone is ethical. The usual rule applies: If it sounds too good to be true, it probably is.

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Health Care Legislation: We’ll be Paying for This

There is no free lunch. If the government provides us a benefit, it’s really we who provide that benefit. It’s our government, and the money that it’s giving us is our own, whether that money is borrowed or comes from tax receipts.

The health care legislation that appears likely to pass the Senate is such a bill. The legislation, which runs at least 2000 pages, contains numerous tax components. The latest change eliminates a tax on cosmetic surgery but adds a tax on indoor tanning. Medicare taxes will be increased on individuals earning more than $200,000 by 0.9%. Those are just two of the taxes in this legislation.

And there are numerous carve-outs and special deals so that the bill could make its way through the Senate. Nebraska won’t have to pay for Medicare; the other states will under this legislation. That deal was so that Ben Nelson, a Democrat who represents a relatively conservative state (Nebraska), would vote for the bill. There are provisions in the legislation that aid Louisiana and Indiana, states that are also relatively conservative and have Democratic Senators.

And what do we get for this? I’m still unsure; it appears to be some sort of mandatory health insurance program. What it will likely be is a lot more work for people like me, and a lot more bureaucracy. And a lot higher taxes. The bill, if it passes, will be passed on a straight party-line vote.

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Witholding But Not Remitting Leads to ClubFed

If there’s been a recurrent theme in this blog, one has been if you don’t pay your Trust Fund taxes you will get in trouble. Such trouble hit Michelle Bielaski of Bellevue, Washington.

Ms. Bielaski’s company, Falcon Construction, Inc., paid $3.9 million in salaries between 1997 and 2007, and should have paid $2.4 million to the government for Trust Fund Taxes (Medicare, Social Security, and Federal Income Tax) but didn’t. If you live what the US Attorney calls an expensive lifestyle and get caught—and almost everyone who evades payment of Trust Fund taxes gets caught—you almost certainly will get to visit ClubFed.

Such is the case for Ms. Bielaski. She pleaded guilty last June, and found out last week that she’ll spend 15 months at ClubFed. She must also make restitution of the $2.4 million. As usual, it’s a whole lot easier to pay now then to pay later.

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His Campaign Slogan: “What About My Ten Convictions?”

I’ve written about James Traficant before. Mr. Traficant is the former Congressman who represented the Youngstown, Ohio area for more than 17 years. He was known for his bombastic style. He’s also known for spending eight years at ClubFed for convictions on ten counts of tax evasion, bribery, racketeering, and obstruction of justice. And he wants to run for Congress again.

I could comment that perhaps Congress deserves Mr. Traficant. After all, we’ve had William “Cold Cash” Jefferson with his cash in the freezer. Mr. Traficant still maintains he’s innocent. He wants to bring an Indian casino to the Youngstown area…even though there are no recognized Indian tribes in Ohio. Well, a little thing like laws didn’t stop him during his first 17 years in Congress….

Bertram de Souza of the Youngstown Vindicator thinks that Mr. Traficant should follow Ashley Dupre: “Just as Ashley Dupre, the hooker who brought down New York Gov. Elliot Spitzer, has become an advice columnist for the New York Post, Traficant should offer to write an advice column — about political corruption.”

If Mr. Traficant does run for Congress it will certainly be entertaining.

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1040 Toilet Paper

Courtesy of the TaxProf Blog comes PrankPlace’s Form 1040 Toilet Paper. Per PrankPlace, “A collage of the 1040 IRS Form is printed throughout the whole roll!” It’s only $3.40 a roll. Somehow I hope that this gift isn’t on my list….

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Hopefully Their Treatments Weren’t Shams

Some of us believe in Santa Claus; some of us don’t. Almost all of us know that there’s an income tax. But there are a few nonbelievers out there.

Dr. William Steiniger and his wife Diane are two of those nonbelivers. They run an alcohol and drug treatment center in picturesque Sedona, Arizona. They didn’t pay $390,000 in income tax from 2002 through 2005. They were arrested, tried, and today convicted of tax evasion. Dr. Steiniger and his wife used sham accounts to funnel income to themselves to avoid the income tax.

The AP Story notes, “Steiniger said he plans to appeal the conviction. In an interview with The Associated Press, Steiniger said he does not believe there is a personal income tax that exists.” Dr. Steiniger may know a lot about treating alcoholism, but his idea of taxes is a sham. Yes Virginia (and William and Diane), there is an income tax and you do have to pay it or suffer the consequences.

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Bad Advice: Holding the Check ’til 2010

Most of the advice given in the tax blogosphere is good. However, I saw this posted today:

My business had a really profitable month. Do you have any ideas on last minute expenses to help lower my taxable income?

Depending on how many purchases you want to make, you could consider office furniture or computer equipment. Alternatively if you are looking for something cheaper, you could pay your January office rent early, or any other major bills such as your telephone service fee. On the other hand, you could defer some of your income until next year by waiting until after the end of the month to cash a check or two. [emphasis added]

The first part of the answer is generally good. In most cases, making a purchase of a major piece of equipment, especially if you can utilize Section 179 Depreciation, is an excellent way to lower your taxable income. And there’s nothing wrong with paying some bills early (if you’re a cash basis taxpayer). However, the last sentence is just bad advice because of constructive receipt.

The doctrine of constructive receipt governs when income is considered received. Section 1.451-2 of the Income Tax Regulations states, in part:

(a) General rule. Income although not actually reduced to a taxpayer’s possession is constructively received by him in the taxable year during which it is credited to his account, set apart for him, or otherwise made available so that he may draw upon it at any time, or so that he could have drawn upon it during the taxable year if notice of intention to withdraw had been given. However, income is not constructively received if the taxpayer’s control of its receipt is subject to substantial limitations or restrictions.

From Sainte Claire Corporation, et. al, v. Commissioner (T.C. Memo. 1997-171):

…[A] taxpayer will be found to be in constructive receipt of income where the taxpayer had an unrestricted right to receive the income, the taxpayer was able to collect it, and the failure to receive it resulted from the exercise of the taxpayer’s own choice. [citations omitted]

If you receive a check in 2009 but let it age in your office until 2010 it’s still income in 2009 because you deliberately chose not to cash the check.

If you have an unexpectedly good December and can take Section 179, buy the new computer (I’m getting one on Wednesday). Get a new desk (I got that yesterday). Pay a bill or too early if you’re a cash-basis entity. But don’t hold onto the check until 2010.

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The “I Was Kidnapped” Defense to Tax Evasion

If you’re accused of tax evasion, there are a myriad of good defense strategies. However, claiming you were kidnapped by IRS Agents isn’t one of them.

Judge William Terrell Hodges rejected that claim along with several others made by Mark Maggert. If the judge’s name sounds familiar, it should; Judge Hodges presided over the Wesley Snipes trial. And there’s more linking this case to Mr. Snipes.

Mr. Maggert, a dentist in Lake Lady, Florida, is being called an associate of Eddie Ray Kahn and American Rights Litigators by the Department of Justice. Mr. Kahn, tried with Mr. Snipes, is currently serving a ten-year term at ClubFed.

And Mr. Maggert’s other arguments are equally frivolous. He claimed the court has no authority and, according to the Orlando Sentinel, “[that the federal court] has no jurisdiction whatsoever over Me and is not a part of…a government of, by and for the people….” Mr. Maggert made other laughable claims, but Judge Hodges was having none of it. Judge Hodges called Mr. Maggert’s claims “patently frivolous.”

Mr. Maggert’s trial in Ocala is scheduled for January 4th.

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