What’s Next for California

California voters rejected Propositions 1A-1E yesterday. Voters told Sacramento in no uncertain words it’s time to cut programs, and spend only the money you have. It will be interesting to see if the Democrats in control of both houses of California’s legislature get the message.

Given the economic climate borrowing money—especially given the likely $23 billion budget deficitg@mdash;will be difficult. Still I expect the Democrats to propose a budget that is equal parts budget cuts with equal parts of smoke and mirrors.

Republicans are going to propose a series of bills that would appear on paper to go after the causes of the problems. We’ll have to wait and see if they (a) actually get looked at by the Democrats and (b) if they do what they appear to on paper.

In one piece of good news California’s elected officials will be getting an 18% pay cut next fiscal year. Commissioner Kathy Sands said, “I think they should share in the sacrifices that everyone else has had to encounter.” Hurrah for some common sense.

Unfortunately, common sense hasn’t pervaded everywhere. The Los Angeles Times had a headline this morning, “California voters exercise their power — and that’s the problem.” The analysis piece blames California voters for demanding too much in service while not being willing to vote for tax hikes. Most of the spending increases were thrust upon the state by our liberal legislature, not the voters.

California voters said one thing very clearly yesterday: It’s time for a change. It may be a few months before we know whether our legislature got the message.

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IRS Looking at Millionaires

As I tell my clients the IRS is a collection agency. Generally, they look to collect money where there’s money to be found. Clearly, that’s individuals who make a lot of money.

Douglas Shulman, the IRS Commissioner, told a House committee, “Our long-term investment is to have a trend where wealthy individuals, large corporations, (those) who have really benefited from being in the United States, we’re going to make sure that they pay their taxes.” The Reuters report added that Mr. Shulman said that millionaires have a 5.5% chance of audit while the average individual has just a 1% chance.

Given the IRS’ focus on foreign accounts I strongly urge everyone who needs to report foreign accounts to do so by filing Form TD F 90-22.1 by June 30th. Not doing so is asking for trouble. Not doing so and being a millionaire is really asking for trouble

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Lies in Sin City

I’ve covered Bozo tax preparers before, but since I’m in Las Vegas (to attend the annual CSEA SuperSeminar for continuing education) I’ll look at a resident of Sin City.

Caroline Reyes operated Carol’s Tax Service (also called Central Tax Service). She was probably popular with her clients: She charged low rates and she did more than her best to make sure that her clients got refunds. Unfortunately, her methods for the latter included adding phony deductions and inflating other itemized deductions for her clients. Those are illegal, and it’s called tax fraud. Ms. Reyes pleaded guilty today to 20 counts of tax fraud.

After the IRS started to investigate her, Ms. Reyes sent the IRS false receipts to try to prove her returns were kosher. Instead, she’ll be sentenced later this year and will likely end up visiting ClubFed.

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Special Election on Tuesday

On Tuesday Californians will vote in a special election on six initiatives that, even if they pass, will still leave the state with a $15 billion deficit.

The Flash Report quotes Americans for Tax Reform:

The California government has lived beyond its means for far too long. Last year politicians in Sacramento spent $33 billion more than the state brought in. If a business were to operate like this it would go under. If a family were to budget like this it would go bankrupt.

State spending in California has increased 300 percent since 1991. Had spending been limited to the rate of population growth and inflation, the state would be sitting on a $15 billion surplus rather than staring down the barrel of a $21 billion deficit.

The above is all you really need to know about California’s government. It’s time for spending to be drastically cut. Perhaps the legislature will get the idea when Propositions 1A – 1E go down to defeat.

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Hatch Halfway Home

Survivor winner and tax felon Richard Hatch was released to a halfway house in Pennsylvania from the Martinsburg, West Virginia prison where he was serving his 51 months for tax evasion. Mr. Hatch was scheduled to be released in October but was sent halfway home because of good behavior.

He will be freed in early October.

Posted in Tax Evasion | Tagged | 1 Comment

Sweet for Me, But Not for You

With a name like Sweeties you can probably guess what the business was in. If the government is correct, your first instinct would be right.

The Department of Justice is accusing Douglas Ketcher and Christina Wypych of Oakland Park, Florida of running a prostitution ring. That in itself is illegal. But not only did they allegedly violate those laws, the 58-count indictment also alleges that the owners did not pay their staff their full wages and, more importantly, didn’t remit their trust fund taxes to the IRS.

As I’ve said repeatedly, a sure-fire way of getting in trouble with the government is to not remit trust fund taxes or somehow get the accounting of those taxes wrong. The IRS investigates nearly 100% of these cases, and if you’re underlying business is shady the last thing you want is to have government investigators knocking on your door.

The indictment of Mr. Ketcher and Ms. Wypych alleges that their business, Sweeties, charged $300 an hour for customers to be “entertained” by their employees. Had they remitted their trust fund taxes they’d likely not be facing money laundering, tax fraud, and prostitution charges.

Posted in Payroll Taxes, Tax Fraud | 1 Comment

Proposition 1A: Budget Process

Proposition 1A is the last of the six initiatives that Californians will vote on next Tuesday. The title of this initiative states, “STATE BUDGET. CHANGES CALIFORNIA BUDGET PROCESS. LIMITS STATE SPENDING. INCREASES “RAINY DAY” BUDGET STABILIZATION FUND.” If only it were really true.

Let’s note that there’s some slight truths in the title. The budget process will change…cosmetically. The “Rainy Day” fund will increase…but given that it’s been raided time after time by the legislature and nothing in the new legislation will stop that, I consider the change worthless to California’s taxpayers.

Now, what you may not be able to easily figure out from the title. The tax increases approved by the legislature in February will be extended for two additional years if this measure is approved.

The Legislative Analyst calls the impact of the measure “…particularly difficult to assess.” Well, I’ll give it a go. I believe that if the measure is passed California will see additional tax increases. The measure does nothing to stop further revenue increases…those are called tax increases by us.

What California really needs is to cut spending to a level commensurate with revenues. Indeed, I read a recent commentary on what the state should do:
– Determine the amount of revenue California will take in;
– Match the budget to the prior California budget that was used; and
– Change the laws so that it’s legal.

In the commentary I linked to, Ray Haynes thinks that California will take in $74 billion, and that’s about the 2002-03 budget amount. So just re-adopt that budget for 2009-2010. The unions will go nuts; the liberal media will go nuts; the special interests will hate it.

But it would work. And, as Mr. Haynes notes, it would be understood by Californians.

Do I think that will happen? No. But next Tuesday Californians are poised to throw cold water on the tax and spend ideology of the legislature.

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BOE Staff At Work

Bill Leonard, who I just linked to, is one of the five elected members of the Board of Equalization. The BOE directly administers California sales taxes, and hears appeals of various tax rulings.

A few years ago a gentleman declared bankruptcy. He thought he owed (through his corporation) the BOE, so he listed the BOE as a creditor. He wasn’t sure of the amount, so he listed about $100,000 owed. The BOE never responded.

Fast forward a few years to today. It turns out the corporate debt to the BOE was about $7,000. Add in interest and penalties and the sum is now over $44,000. The man is out of luck (the law is on the BOE’s side) but Mr. Leonard is upset over a dispute that should have been resolved years ago…but wasn’t.

In the YouTube video below, Mr. Leonard pointedly asks BOE staff members why they didn’t respond years ago to the request. The audio quality is poor, but the content is worth watching (and listening to). It shows, unfortunately, the California bureaucracy at work.

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April Sales Tax Collections 12% Below Projection

What happens when tax rates increase? Tax Collections decrease. That’s been shown time after time.

So what has happened when California raised sales tax rates statewide on April 1st? Bill Leonard is reporting that collections fell 12% in April. Of course, this being California expect the Democrats in the legislature to ask for another sales tax increase when Proposition 1A falls next week.

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Three Strikes and You’re Out

Quite a bit more on the tax evasion front this last week. As a Cubs fan I’m used to seeing strike outs (Cubs pitchers have led the league in strike outs recently). Here are two individuals that have struck out (in tax evasion). The final story is baseball related.

Let’s start in Lutherville, Maryland. Henry Cole was a Realtor specializing in commercial property. He reported over $2 million in capital gains on his tax return. Luckily, he had quite a bit of losses to offset those gains. One problem: The gains were really ordinary income. A second problem: He forgot $98,000 more of income. A third problem: The IRS discovered this. That’s three strikes, and Mr. Cole, guilty of filing false tax returns and tax evasion, was sentenced to three years at ClubFed.

I’ve said many times that if it sounds too good to be true, it probably is. Back in 2002 the IRS and Department of Justice obtain a civil injunction against Joseph Sweet and EDM Enterprises. Mr. Sweet’s program was a book on creating a trust; his materials noted, GOOD NEWS For FORM 1040 Filers: Your Compliance is Strictly VOLUNTARY! BAD NEWS For The IRS! Everything You Ever Needed to Know About the Income Tax That the IRS Is Afraid You’ll Find Out. The injunction put a stop to Mr. Sweet’s business. Mr. Sweet sold a book on trusts and also the trusts themselves that purported to shield your income from the IRS. In reality, all those trusts did was enrich Mr. Sweet.

Now if you or I were told to stop selling something we’d likely get the idea and move on to something else. Well, you can’t keep a good man down…or a bad one (in the view of the DOJ). The IRS and Department of Justice accuse Mr. Sweet of not taking the hint of what an injunction means. As reported in the Bradenton Herald, the new indictment—a criminal indictment—reports that Mr. Sweet told an undercover IRS agent that the permanent injunction issued in 2002 “…was a joke and had no bearing on his activities.”

The new indictment is for criminal contempt. It appears that the IRS taped Mr. Sweet allegedly attempting to market his untrustworthy trusts. Mr. Sweet is facing a very lengthy term at ClubFed if found guilty.

Finally, Jerry Koosman had a lengthy career as a pitcher in the major leagues, mostly with the New York Mets. Mr. Koosman is facing a misdemeanor charge of failing to file a tax return and will plead guilty later this month in Madison, Wisconsin. Mr. Koosman’s attorney, Robert Bernhoft (you may remember that Mr. Bernhoft was also one of Wesley Snipes’ attorneys and that we corresponded following the verdicts in the Snipes case) noted that he would be much freer to discuss the case following the pleading. I do want to note that Mr. Koosman is cooperating with the US Attorney, and while he could be sentenced to up to one year in prison I suspect that the sentence will likely be probation and/or a fine.

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