At Least She’s Honest…

California has economic troubles, but it’s not alone. Another state facing serious economic issues is Michigan. Not only is there the recession, but they also have the problems with the automobile industry. So what should politicians propose to help Michiganders facing economic troubles? Cutting regulations, lowering taxes, and improving the business climate all quickly come to my mind. However, I’m not running for governor of Michigan.

On the other hand, Alma Wheeler Smith (D-Salem Township) plans on running for governor next year. Her platform appears to differ just a bit from my ideas. She proposes:

  • $3 Billion of tax increases on businesses by “closing loopholes”;
  • $1.5 Billion from expanding the sales tax to include services;
  • $2 Billion in higher personal income taxes by adding a 9.75% rate starting at incomes of $60,000 (single)

Luckily for Michiganders, Democrats control only the lower state House and not the state Senate. Republicans in the state Senate don’t like the idea of any tax increases and they do control the state Senate.

If Ms. Smith wins nomination the Democratic nomination for governor next year Michiganders will be faced with a stark choice. Vote for an individual who wants to drive out even more business from Michigan, or vote for Ms. Smith’s opponent. At least you know where Ms. Smith stands on this issue.

Posted in Michigan | Tagged | Comments Off on At Least She’s Honest…

Didn’t You Know that Wages Aren’t Taxable?

Well, I didn’t know that, but one group on individuals made that argument. Joseph Saladino, Marcel Bendshadler, and Michael Mungovan tried that dubious stance. They offered what the Portland Oregonian called a “tax evasion service” as they prepared over 1000 returns where they noted that compensation for personal labor isn’t taxable. One defendant, Richard Ortt, was acquitted; earlier, Richard Fuselier pleaded guilty.

Assistant US Attorney Allan Garten told the Oregonian, “So let’s assume for a moment that you would get a W2 that said $40,000. (The guilty men) would list as income $40,000, and then they would deduct the value of your labor of $40,000 … so that you paid no taxes…That’s illegal.”

Given that the tax fraud involved $9 million, the guilty individuals are looking at lengthy terms at ClubFed. If a tax preparer tries to tell you wages aren’t taxable, run, don’t walk, out of the office.

Posted in Oregon, Tax Fraud | Tagged | Comments Off on Didn’t You Know that Wages Aren’t Taxable?

When You’re Not Really Disabled, National TV Should be Avoided

Suppose you’re disabled, and collecting disability from your insurance company. If your disability is supposedly keeping you from work, appearing on a nationally televised show where you are demonstrating your skills—skills you supposedly can’t do while disabled—could lead to problems.

Ronald Hunt of Sunland, California was an interior designer. He went on disability sometime around 2003. There was only one minor problem: He continued to work. He also decided to help his business by appearing on HGTV, a home improvement and decorating cable television channel.

Mr. Hunt knew that lots of people try to improve their homes, and appearing on television might help sales. But Mr. Hunt forgot that even employees of insurance companies, including his insurance company, watch HGTV. Yes, an employee familiar with his claim saw the supposedly disabled Mr. Hunt show his skills on national television. The California Department of Insurance investigated and found that Mr. Hunt wasn’t as disabled as he said in his claims; he managed to work from 2003 – 2006. Additionally, the investigation disclosed that Mr. Hunt earned $400,500 of income while on disability…income that somehow forgot to be included on his California tax return.

Mr. Hunt pleaded guilty to insurance fraud and state income tax fraud. He must make restitution of $151,000 to his insurance company and $31,000 to the Franchise Tax Board. Sometimes free advertising should be passed up.

Posted in Tax Fraud | Tagged | Comments Off on When You’re Not Really Disabled, National TV Should be Avoided

Taxing Strip Clubs: OK; Taxing Escort Services: No

Somehow, strip clubs and taxes seem to follow each other. Usually I report on strip club owners who somehow forget that cash income is just as taxable as any other income. Today, however, it’s time to head to Utah and look at the application of taxes on strip clubs and escort services.

Back in 2004 the Utah legislature voted to impose a 10% tax on strip clubs and escort services; the tax would fund sex offender treatment for some incarcerated sex offenders and fund the Utah Attorney General’s task force looking at crimes against children. The tax is imposed on businesses where there’s nudity for more than 30 days, and impact admissions, user fees, food and beverages, and Utah-produced merchandise that is sold in the businesses.

The tax was upheld on the strip clubs:

In this case, the tax is triggered by nudity, which the (U.S.) Supreme Court has specifically declared ‘is not an inherently expressive condition. We find nothing in the record before us — either (in) the tax’s legislative history or in the text of the tax itself — establishing that the tax was enacted with the predominant purpose of suppressing protected expression.

However, the tax was ruled unconstitutional as far as escort services. The statute doesn’t relate escort to nudity, and so it was ruled too broad:

The tax defines an ‘escort’ as anyone who accompanies another for compensated companionship…Therefore, according to the plain terms of the statute, individuals who are paid for providing care for the elderly as well as those who are paid as tour guides would fall within the definition of an ‘escort,’ and any person or business who employs them would be subject to the tax.

So good news for escort services, for now, but bad news for strip clubs. Unless the nudity vanishes—and that would, one assumes, defeat the purpose—Utah’s strip club tax is constitutional.

Posted in Utah | Tagged | Comments Off on Taxing Strip Clubs: OK; Taxing Escort Services: No

18 Tax Changes in Senate Healthcare Bill

Senator Harry Reid’s (D-NV) healthcare legislation has 18 tax changes according to Americans for Tax Reform. Here’s a list of the taxes and their impacts (note: Dollar figures are single/single 2+ (S2) or MFJ):

1. Individual Mandate Tax. For those who don’t purchase health insurance, this will start at $95/$285 (S2) in 2014 and rise in 2016 and future years to $750/$2250.

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.

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.

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.

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.

12. Tax on Health Insurers. A $6.7 billion tax based on percentage of health insurance premiums collected.

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 additonal 0.5% 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.


Remember, all tax increases are passed to consumers. There is no free lunch. If this legislation passes, you and I will be paying more for less.

Additionally, when government takes more, businesses either have to increase prices, cut wages, or do something else to still make a profit. If this legislation passes businesses will cut staffing. That’s basic economics, something sorely lacking in Washington.

Businesses will increase prices, but the law of supply and demand dictates that their revenues will likely decrease because of the higher prices.

I haven’t seen a tax professional speak in favor of this legislation. And I doubt I will; this measure will increase costs for businesses, lead to higher cots for consumers, and will almost certainly lead to a single-payer system. Peversely, this measure would likely lead to more business for me…for all the wrong reasons. As Joe Kristan says, “It’s unpopular, unworkable, and insane, so naturally they’re in a hurry to pass it.” Truer words have never been spoken.

Other coverage:
Roth Tax Updates
Don’t Mess With Taxes
Tax Lawyer’s Blog

Posted in Legislation | Tagged | Comments Off on 18 Tax Changes in Senate Healthcare Bill

Snipes Appeal Heard Today

Wesley Snipes had another day in court today. Oral arguments were heard in his appeal of his conviction on three misdemeanor tax evasion charges. Mr. Snipes’ attorneys argued that the trial should have been moved from Ocala, Florida to protect Mr. Snipes’ rights and that the sentence was harsh. The government argued that the trial was held in the proper venue and that Mr. Snipes received an appropriate sentence.

Mr. Snipes is free on bail while his appeal is being heard. It will likely be the Spring before the 11th Circuit Court of Appeals rules on Mr. Snipes’ appeal.

Posted in Tax Evasion | Tagged | Comments Off on Snipes Appeal Heard Today

What’s $21 Billion Among Friends?

Earlier this week I wrote that California might be facing a $20 Billion Deficit. You’ll be happy to know I was wrong. The Legislative Analyst (LAO) released his official forecast today; he projects a $20.7 Billion deficit for the next 18 months.

Republicans vow no new taxes. Democrats vow no spending cuts. The LAO says that increasing taxes in a recession isn’t a good idea, but that revenue enhancements are needed:

Just as the Legislature will have to prioritize its spending commitments, we continue to recommend that it do the same on the revenue side. Through tax expenditure programs—special credits, deductions, and exemptions—the state provides subsidies to certain groups or individuals in ways that often have not been shown to be cost-effective. Their modification or elimination raises revenues without having to increase marginal tax rates. The Legislature should also look to increasing fees in those cases where the costs of state programs currently supported by the General Fund can appropriately be shifted to specific beneficiaries.

The LAO also notes that expenditures will need to be cut, and that long-term solutions are needed:

The budget problems we predict are long-term in nature. They will not go away quickly. Accordingly, long-term solutions are needed. The Legislature should focus on actions that have ongoing impacts.

Of course, most of the solutions the Legislature has recently enacted have been gimmicks, smoke and mirrors that look good until the numbers have to be tallied again.

Yesterday, I heard Orange County Register columnist Mark Landsbaum talk about California’s ongoing budget fiasco. I joked to him that the Legislature would be forcing Californians to pay their 2017 taxes in 2015 in order to balance the budget. Not so strangely, Mr. Landsbaum thought that might actually happen.

What’s needed is the elimination of programs that the state can’t afford. California needs to match spending to revenues, and eliminate pork barrel government spending. Mr. Landsbaum noted in a recent op-ed piece that the proposed fix to the California water crisis would only make things work. He concludes,

Admittedly, at this stage cutting the knot of government involvement and special-interest payoffs is a monumental task. It’s something that requires men and women of principle, rather than compromisers. As a society obsessed with consensus, we may be beyond making such a hard decision, conditioned as we are to living at the expense of someone else.

The reality of taxes is that all of the money being spent by Sacramento (and by Washington D.C.) is our money. Yet in Sacramento the politicians and bureaucrats treat the tax revenues as their money. That attitude needs to change. Once it does, I believe solutions to the budget crisis will quickly be found. Unfortunately, the chance of that changing in Sacramento in the next few months is somewhere between slim and nil.

Posted in California | Tagged | Comments Off on What’s $21 Billion Among Friends?

Knocked Out From New York

I’m not a boxing fan. For those of you who are, you’ll recognize Manny Pacquiao and Floyd Mayweather Jr. as big names in the sport. Those two boxers will fight in the Spring of 2010.

Newsday asked boxing promoter Bob Arum if Yankee Stadium was being looked at for the fight. “No chance,” Arum told Newsday. “Nothing would please me more than to have it at Yankee Stadium, but the way the tax structure in New York is set up, it’s impossible.”

Taxes matter. Apparently the prime candidate for the match is the new Cowboys Stadium in Arlington, Texas. Texas, of course, doesn’t have a state income tax.

Posted in New York, Texas | Tagged | 1 Comment

A Front-Runner for Tax Offender of the Year

We’re just six weeks away from the end of 2009, and it’s almost time for me to scour the news of the year to find the Tax Offender of the Year. It takes a lot to win this award; the tax offense must be on the Bozo side of things.

Well, a news story from Sausalito grabbed my attention this evening. Mark Anderson had a wine storage business called “Sausalito Cellars.” He offered his clients safekeeping for their wines. He utilized a warehouse on Mare Island, a former US Navy base. So far, so good.

But Mr. Anderson, a former city commissioner in Sausalito, wanted to live the good life. He allegedly embezzled some of the pricey bottles of wine he was supposedly safekeeping. Eventually, he was charged in early 2005 by the Marin County District Attorney of committing fraud and embezzlement; that case is still pending. He allegedly sold bottles of wine he was safekeeping to raise $800,000.

While that case was pending he was evicted from the warehouse on Mare Island. How could he get back at the warehouse? And how could he stave off an investigation into tax evasion? Hiring an attorney and working with the IRS is too mundane; instead, let’s burn down the warehouse (arson), and cover the tracks.

Yes, that’s exactly what he did. The fire, on October 12, 2005, destroyed an estimated $200 million worth of wine, put some wineries permanently out of business, and destroyed several collections of wine. And while some of the evidence of the alleged fraud might have been burned, plenty of evidence apparently existed for the arson and the tax evasion. Earlier today, Mr. Anderson pleaded guilty to 19 counts in federal court in Sacramento (including arson, tax evasion, and embezzlement). In return for the plea the US Attorney has agreed to a sentence of 15 years, 8 months. Mr. Anderson, who has already served three years, is unlikely to see anything but prison bars until he’s 70. He will also likely be ordered to make restitution of $200 million.

This is a crime that did nothing but destroy the livelihoods of others, and did nothing to divert suspicion from the original alleged crime of embezzlement. While Mr. Anderson’s attorney is hopeful that the District Attorney won’t prosecute him for embezzlement, it’s not clear whether he’ll be back in court in the future. Still, all the arson did was gain him time at ClubFed while still facing the original charges.

Posted in California, Tax Evasion | Tagged | Comments Off on A Front-Runner for Tax Offender of the Year

Bondage Breakers Heading to Bondage

Back in March I reported on the founders of the Bondage Breakers Ministry. This ministry was different…quite different than the church or synagogue you may worship in. The founders, Lindsey Springer and Oscar Stilley, were praying for the elimination of the IRS, and to further that aim they decided not to file tax returns.

Well, they were charged with tax evasion and they were convicted today of Conspiracy to defraud the United States. They were doing the usual things to avoid taxes: trusts, cash, and the like.

It was all for naught. It would have been far simpler to just have paid their taxes…but that rarely occurs to tax evaders.

Posted in Tax Evasion | Comments Off on Bondage Breakers Heading to Bondage