I Need Your Advice (PowerBlogs Shutting Down)

This blog has been hosted by PowerBlogs since its inception. I’ve enjoyed their service, but I discovered today that I’ll need to find a new home for Taxable Talk. PowerBlogs is shutting down.

Please email me directly at rcfox [at] claytontax [dot] com if you have suggestions of blog software, hosting, etc. I do have a local company (to me) that I use to host my other websites. One individual has recommended to me WordPress. If someone has direct knowledge of WordPress let me know.

I also need recommendations on how to (if possible) move the old posts to the new site.

As I am traveling this week (beginning tomorrow) so there is a chance that this blog will go dark for a short period. Do not fear, we’ll be up somewhere in the near future.

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ClubFed Is In Their Future

Two corporate tax fraud stories crossed the wires today. In one case the participant will spend over 20 years at ClubFed; the other will almost certainly spend significant time there too.

Frank Amadeo bragged that one day he’ll rule the world. Well, he didn’t send $181 million to the IRS, so perhaps he could have afforded a small country. That’s after he spends the next 22 1/2 years at ClubFed. He was sentenced yesterday and must also make $181 million in restitution. If there’s a certainty in tax prosecutions, it’s that if you don’t remit trust fund taxes you will be prosecuted. Peter Pappas has more on this story.

Meanwhile, two orders of magnitude less still is a large amount of fraud. Fisher Sand & Gravel operates twelve plants and is a big player in the aggregate industry. The IRS began an audit and discovered that one executive, Michael Fisher, had used company funds for an African safari and to renovate a truck stop he owned. Since those were personal expenses (and not “necessary and ordinary” business expenses) that’s a problem. Mr. Fisher will be pleading guilty to tax fraud later this week. Two other executives, Amiel Schaff (the former CFO) and Clyde Frank (the former comptroller) previously pleaded guilty. The company itself is under a deferred prosecution agreement and will be making restitution of $1.17 million relating to 2001-2004 corporate taxes. Additionally, the company is cooperating in a probe of 2005-2009 corporate taxes.

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Proposition 8 Upheld

Back in November California voters passed Proposition 8. This constitutional amendment to California’s constitution declared that the only legal marriage is between a man and a woman. The California Supreme Court upheld Proposition 8 today.

The impact of this is minimal. For federal tax purposes a same sex couple cannot file as married; for California tax purposes a registered domestic partnership or a same sex couple married during the five months when such marriages did occur will file a married return.

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Koosman Pleads Guilty

Jerry Koosman pleaded guilty last week to failing to file a federal tax return. It wasn’t a surprise that the former pitcher for the New York Mets and several other major league teams pleaded guilty; I reported on this earlier this month.

As Joe Kristan noted
it appears that Mr. Koosman fell victim to a tax protester scheme. Mr. Koosman replied to a question from Judge Barbara Crabb that he had been suckered into not paying his taxes. Additionally, federal investigators found “IRS Codebusters” disks in a search of a home where Mr. Koosman resided.

Mr. Koosman has made good in filing his overdue tax returns and paying his taxes. Because of this I expect he’ll receive a light sentence when he’s sentenced in July.

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Back to the Drawing Board

After attending continuing education last week at the CSEA SuperSeminar in Las Vegas I expected a boring week to follow. After all, it’s a short week (Memorial Day was yesterday). Instead comes news that the IRS has scrapped its computer modernization program. This program would have allowed taxpayers (and preparers) to see their accounts, including how much they made in estimated payments.

Unfortunately, it’s back to the drawing board with $19 million down the drain. Your tax dollars at work, I suppose.

Hat Tips: TaxProf Blog, Roth Tax Updates

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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.

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