Two Years at ClubFed for ex-IRS District Director

Jesse Cota was a District Director for the IRS. After he left the IRS he went to work for Renaissance, the Tax People. That wasn’t a good choice of employer. It may have been lucrative financially for Mr. Cota for a while (he did earn $300,000) but the methods that he espoused weren’t the best.

Renaissance was a multi-level marketing firm. There’s nothing wrong with that. Renaissance sold a product called “The Tax Advantage System.” Well, if they were teaching Americans how to better prepare returns, that would be a good thing. However, as Cota admitted when he pleaded guilty to defrauding the government out of $1.3 Million, the program was, “…designed to sell illegal tax deductions through false and misleading representations.” Oops.

He was sentenced today to two years at ClubFed.

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Don’t Brag When You’re Committing A Crime

One of my favorite websites is the Bozo Criminal of the Day. Every so often we get to see a story about a particular dumb criminal who decides to do something dumb:

From Papillion, Nebraska, comes the story of a group of teenage bozos who decided to throw what they called a “history making party.” They listed all the details on their facebook page…Guess it never occurred to them that the police read facebook, too. The party was busted and nine minors were charged with alcohol possession.

That’s the entry for April 29th of this year. And there have been dumb criminals using YouTube, too.

Well, not only are police departments using social media, but tax departments are, too. The Wall Street Journal has a story today noting that state tax departments read MySpace and Facebook.

Hint: If you’re going to evade taxes, don’t brag about it on the Internet. Even better, don’t evade taxes in the first place.

HatTip: April15.com

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Don’t Worry, We’re From the Government

Perhaps no scarier line has ever been uttered than the title of this post. And if ObamaCare passes, there will be yet more fun for those of us in the tax profession.

Declan McCullagh is reporting that the new ObamaCare legislation contains language that may make you just a bit uneasy:

Section 431(a) of the bill says that the IRS must divulge taxpayer identity information, including the filing status, the modified adjusted gross income, the number of dependents, and “other information as is prescribed by” regulation. That information will be provided to the new Health Choices Commissioner and state health programs and used to determine who qualifies for “affordability credits.”

Section 245(b)(2)(A) says the IRS must divulge tax return details — there’s no specified limit on what’s available or unavailable — to the Health Choices Commissioner. The purpose, again, is to verify “affordability credits.”

Section 1801(a) says that the Social Security Administration can obtain tax return data on anyone who may be eligible for a “low-income prescription drug subsidy” but has not applied for it.

This language, if adopted in the final bill, would mean that it would be incredibly easy for individuals who shouldn’t have access to our tax returns to have access to them. I guess the Democrats in Congress don’t like the idea of privacy.

This is yet another reason that I’m not in favor of ObamaCare.

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Californians, Your Taxes Just Increased

California’s tax brackets are indexed for inflation. Normally, the marginal tax brackets go up each year. But 2009 is anything but a normal year.

The Franchise Tax Board announced the new brackets, and deflation is the name of the game. Tax brackets will fall, and that means if your income is the same in 2009 as 2008, the amount you will pay to California just went up. And that’s besides the tax increase that came in February by bad budget #1.

Don’t worry, Democrats in the state legislature haven’t given up trying to pass even more tax increases.

I’ll have a lengthy post about 2009 California tax brackets and related items in a couple of weeks.

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Taxes Are For Little People

That’s the gist of the famous line uttered by Leona Helmsley. She ended up spending time at ClubFed. It appears that philosophy is shared by the Chairman of the House Ways and Means Committee, Charles Rangel (D-NY).

Mr. Rangel amended his 2007 disclosure report to note an account at the Congressional Federal Credit Union of at least $250,000; stock at PepsiCo and Yum Brands; and real estate in New Jersey that he undervalued. You might say he “Missed it by that much,” as he initially reported that it was worth between $6,511 and $17,900; the amended report notes the true value as between $45,423 and $134,700.

Now news comes out that besides just slightly undervaluing his property he ‘forgot’ to pay his property taxes on that property. Yes, the back taxes are only about $160 but it’s the principle of the matter.

Oh, Congressman Rangel has quite a bit to do with taxes. All tax legislation in Congress must originate in the House Ways and Means Committee. So a gentleman who has plenty of problems reporting and paying his taxes is responsible for the writing of tax policy in the United States. Makes you feel comfortable, right?

Mr. Rangel should resign his position as Chair of the Committee but the chances of that happening are somewhere between slim and none.

Hat Tip: Don’t Mess With Taxes, Instapundit

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California, Nevada, and Texas

A California State Assemblyman is upset with the ads that the Nevada Development Corporation is running. California is golden, and Nevada is silver. Why would any business leave? Here’s Assemblyman Jose Solorio’s (D-Anaheim) response:

Before I comment on that, there’s also a great op-ed piece in the Dallas News about the difference between California and Texas. One state is gaining business and one is, well, issuing IOUs. Hint: California isn’t the golden state in comparison to Texas.

As for Assemblyman Solorio, he may want to watch these two short spots.

It’s one thing to say, “California is great.” Can Assemblyman Solorio deny that it costs far more for a business to operate in the Golden State than it does in the Silver State? Unfortunately, everything in the Nevada Development Authority’s advertisements is true.

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Unlikely Duo of Lawsuits Could Impact Illinois

Rocky Wirtz is a folk hero among Chicago’s long-suffering hockey fans. After his father, William (Bill) Wirtz, passed away in 2007, he changed the Blackhawks’ philosophy. Suddenly, the laughable losers turned into winners, and the Blackhawks played in the Western Conference Finals last year.

Mr. Wirtz also owns a liquor distributorship in Chicago. It’s not a little business–it’s a $1.5 billion company. And so when Illinois lawmakers decided to balance its budget partially by hiking liquor taxes, he was annoyed. Well, more than annoyed. He’s challenging the liquor tax hike on grounds that it violates the state’s constitution by covering disparate subjects.

Mr. Wirtz is also challenging Illinois’ new video poker law. In theory, come mid-September there should be video poker terminals in bars and taverns throughout Illinois. Hogwash, says Aaron Jaffe, chair of the Illinois Gaming Board. While the state legislature approved the video poker terminals, they didn’t fund any of the needed personnel or the $75 million needed to just implement the program. So if there’s no court order stopping the program it’s likely that video poker is still months away.

But Mr. Wirtz is challenging the gaming expansion, too. He claims that the expansion violates federal gambling law. Mr. Wirtz’s attorney is asking for an immediate injunction.

Meanwhile, the AFSCME has filed a lawsuit to stop Illinois from laying off 2,600 state workers. The union argues that under their collective bargaining agreement, layoffs must be negotiated.

One thing is certain: Expect lots more labor unrest as state budgets shrink. That’s a conclusion that everyone involved can agree with.

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Another Don’t Try This at Home Story

Back in July 2007, the IRS demanded that Richard M. Arnold of El Reno, Oklahoma, pay back taxes in the amount of $317,000. This wasn’t his first brush with the IRS; back in 1999 the IRS filed a $300,000 lien on his property.

Most of us, when we have tax problems, will work with the IRS, hire reputable representation, and attempt to resolve the problems. While it’s possible that Mr. Arnold did this (the news story isn’t clear on that), he did one thing that was sure to cause grief if discovered. He used an entity he created in Panama to purchase a $78,000 SUV in Oklahoma.

Let’s see how bad this is. Offshore companies, assets moved offshore, hiding assets from the IRS…well, I think you get the idea. Mr. Arnold pleaded guilty last week to the charge of concealing property upon which levy was authorized for the purpose of evading or defeating the assessment or collection of federal taxes. He’ll be sentenced later this year and could get three years at ClubFed.

If you get into tax trouble realize that taking money you’ve moved offshore and purchasing luxury items is a good way of getting in deep trouble.

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He Fought The IRS, and the IRS Won

I really wanted to title this piece He Fought the Law, and the Law Won, but that just wouldn’t be true. Wiley Kuyrkendall doesn’t believe that the IRS can collect income taxes. I’ve gone over such tax protester arguments in the past, but they really don’t bear much thought; they’re as phony as three dollar bills.

But Mr. Kuyrkendall decided to go one step further. He sued the IRS for $1.1 Billion alleging that Congress didn’t have the authority to impose an income tax, and the IRS couldn’t collect a tax. Back in January 2006 his lawsuit was dismissed with prejudice—the judicial equivalent of “You’re not just wrong, you’re dead wrong.”

Mr. Kuyrkendall perhaps should have kept in the shadows. Since he didn’t believe in the income tax he didn’t file tax returns. Did I mention he earned $800,000 from 2002 through 2005? And that once he filed his lawsuit someone at the IRS was bound to look for his non-existent tax returns?

Mr. Kuyrkendall was found guilty in Jackson, Mississippi last week of not filing tax returns. He’ll likely get to visit ClubFed…and have to pay his back taxes.

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Moving Your Cash Receipts to an ATM Won’t Strip Away the Income

Unless Congress exempts income, it’s taxable. Cash income is just as taxable as checks or credit cards. As I reported last December, one enterprising Minnesota strip club owner didn’t think that was the case. He was wrong.

As Joe Kristan noted, Larry Kladek stocked the ATM in his club with his cash receipts. All went well until the IRS found out. He pleaded guilty last year to tax evasion; he was just sentenced to 20 months at ClubFed.

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