Proposition 1F

I start the look at California’s ballot initiatives (the election is two weeks from today) with the last proposition on the ballot, Proposition 1F. I’ve decided to work backwards on these measures, from the least impactful to the most.

Proposition 1F’s official title is, “ELECTED OFFICIALS’ SALARIES. PREVENTS PAY INCREASES DURING BUDGET DEFICIT YEARS.” And this is one of the few measures on the ballot that does exactly what it says it will do.

But it’s what it doesn’t do that’s interesting. First, realize that California can’t have a budget deficit (the state is constitutionally required to have a balanced budget). What this measure does is prevent wage increases to elected officials when borrowing or other measures are used to “balance” the budget.

I don’t have a strong opinion on this measure. (I definitely do on some of the other ballot measures as you will see.) Proponents argue that it will help fix the dysfunction in Sacramento. Opponents state that it will really do nothing, and that it will actually harm some innocent bystanders.

No matter where you stand, remember to vote on May 19th.

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A “Free Service” I Hope You Didn’t Utilize

Maxim Maltsev allegedly had an interesting means of making money. The Russian citizen is accused of setting up a free online tax preparation service in San Diego. He supposedly advertised that it was affiliated with the IRS.

That doesn’t sound that bad.

Well, it’s what he allegedly did with the refunds that taxpayers got. Instead of them going into the accounts that they provided, they allegedly went into Mr. Maltsev’s accounts. He’s accused of doing this 65 times, diverting over $100,000 in refunds.

Mr. Maltsev was arrested when he flew into Los Angeles last week.

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Vociferous Waste

Jerry Houseman, a member of the Sacramento City School Board. Here’s what he recently said of those of us who are against tax increases:

He thinks that people who don’t want tax increases are against public education and funding of police and fire departments.

I’m for those things.

What I’m against is the duplicative waste and bureaucracy in Sacramento; spending that has increased far faster than the rate of inflation over the last twenty years (even when you include the impact of population growth); and a mindset that the solution is never to cut programs but to always increase taxes.

Mr. Houseman vented against the Tea Party movement. Like all Americans, he’s entitled to his opinion. I’d suggest that he also consider our Founding Fathers and their version of an America with limited government. Indeed, the 10th Amendment notes that many powers vest with the people.

The Tea Party movement could lead us toward a shrinkage of government. Unlike Mr. Houseman I think that would be a very good thing.

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Nevada Also Has a Budget Crisis

Nevada has its own budget crisis. The Silver State budgets biennially. The Nevada Legislature voted an $8 billion budget late last year. However, it appears that only $5.5 billion in revenue will be raised during 2010 and 2011.

Republican Governor Jim Gibbons says he’ll veto any tax increases. “I don’t know of too many businesses around Nevada today who are looking at reduced revenues that cannot find some way to balance their budget…Sometimes it has been reducing salary levels, reducing benefits, retirements, eliminating 401(k)s. Across the board, these are tough choices.”

Meanwhile, Democratic Senate Majority Leader Steven Horsford asked Nevadans to prepare for tax increases. “Today, I am asking hard-working Nevadans to make a sacrifice for their children’s education and our state’s future…I am also asking corporations, casinos and other interests to share in the revenue solution.”

Nevada’s legislature, which is far more evenly split between Republicans and Democrats than in California, has worked together in the past. It will be interesting to see if a compromise can be reached.

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Shock: Tax Collections Down in California

It’s time for a Captain Louis Renault Award (thank you, Hot Air, for the idea).

The United States is suffering a recession. California’s legislative leaders not only had a bad budget back in February, they had relatively rosy projections of revenues.

What happens when tax rates go up? Tax collections go down. Add in a recession, and it’s no surprise that we’re looking at an $8 billion deficit projection. That could be $14 billion if budget propositions A-F (on the May 19th ballot) fail. I’ll begin posting on these propositions tomorrow.

Nationally syndicated columnist George Will called Governor Schwarzenegger the best thing for neighboring states. I’m not sure I’d go that far, but I do think we’re going to see a lot of nastiness in Sacramento in June.

I’ve been saying the same thing for months (soon to be years): California must drastically cut spending. A lot of the boards and regulatory agencies that are also found in the federal government need to be eliminated. Government can’t be everything for everyone (nor should it be). It may well be that California will be forced down this path, though given the state legislature I think it will take the voters imposing their will in order for this to occur.

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Methods Gauranteed to Get You in Trouble

Below I present a trifecta of guaranteed methods to get you in very deep trouble with the IRS and your state tax agency. If you follow one of these methods you will likely find yourself on your way to ClubFed. Follow all of them, and a lengthy stay is almost guaranteed.

Let’s head first to Niles, Ohio. Niles is near Youngstown, and happens to be the home of the William McKinley Memorial and Library. I visited it two years ago, and it’s well worth the trip. But I digress….

John Matuszwski used to operate Matuszwski Roofing and Siding. He allegedly liked to pay his employees partially in cash. That’s not illegal. He also allegedly only included the portion of the money he paid his employees by check on their reporting forms. If true, that’s a crime. He also allegedly didn’t pay the trust fund (FICA) taxes to the government. As I’ve said before, not remitting those taxes is a sure-fire way to get in trouble. Mr. Matuszwski faces one charge of attempting to evade employment taxes totaling over $165,000.

Our second method of getting in trouble is one that has been tried many times. Just skim some of the revenue off the top from a business, and not report it on your tax returns. Mohammed Arif, Mohammed Memeon, Haji Memon, Mohammed Naemm, andd Mohammed Jaweed pleaded guilty earlier this week to tax evasion. The five, who are brothers, skimmed “significant” amount of revenue from their Dollar Dreams stores. They had their store managers keep good records of the skimming. That probably wasn’t a brilliant idea, as it gave the government good records of the skim, too. The five have agreed to make $1.2 million of restitution (in total) and will be sentenced in September.

Our third method comes straight from the Tax Protester FAQ. If you try to argue that there is no such thing as an income tax, or that it doesn’t apply to you, or that it has never been ratified, or that it’s unconstitutional, I guarantee bad things will happen to you.

And if you’re an attorney, you definitely should know better. Bernard Bagdis of Norristown, Pennsylvania, believed that neither he nor his clients had to file tax returns because of various business losses. (Hint: He’s wrong.) We’ve written about Mr. Bagdis before.

Mr. Bagdis boasted he was going to write Federal Tax Fraud: The User’s Guide. Instead of writing a book, he may have the book thrown at him. He was convicted last week of helping clients evade over $5 million in taxes on $24 million of income.

As I’ve said before, there is an income tax. There are also laws on withholding of income from employees’ checks. If you follow one of the methods outlined above your new home could be ClubFed.

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Marciano and Snoop Dogg in Tax Trouble

I would think it would be hard to legitimately put rapper Snoop Dogg and Guess clothing co-founder Georges Marciano in the same situation. Yet they’re both facing tax troubles in California.

Website tmz.com reports that Snoop Dogg owes $284,053.59 to the Franchise Tax Board. Meanwhile, the FTB has filed a $1.7 million lien against Mr. Marciano. The Guess co-founder is also planning on running for governor. I suspect that the tax issue will be settled before the 2010 campaign begins.

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A Right to Evade

We’ve written in the past about American Rights Litigators/Guiding Light of God Ministries. That organization allegedly issued bogus “Bills of Exchange” that somehow wiped away your taxes. Bills of Exchange are about as useful as Confederate Dollars.

One of the four accused of organizing the ARL/GLGM program has pleaded guilty to mail fraud. Jerry Williamson made that plea last week; he’ll be sentenced in September. Meanwhile, the trial for the three others accused in the alleged scam is set for November. Although not mentioned in the article, I suspect that Mr. Williamson might make an appearance at the trial in November.

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Castroneves Not Guilty

We had reported on Helio Castrovenes’ trial for tax evasion. The automobile race car driver and Dancing with the Stars contestant was found not guilty a week ago in Miami.

Attorney Roy Black noted, “Nobody wants to hear the excuse that ‘I didn’t know what I was signing; I didn’t know what my accountants were doing.’ But in a criminal context, the government has to prove you knew what you were signing and you intentionally, deliberately did it to evade taxes.”

Castroneves participated in last weekend’s Long Beach (California) Grand Prix. He finished seventh.

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Minnesota Democrats Pass Tax Increases, Face Veto

California isn’t the only state where the legislature is ignoring the current economic climate. In Minnesota, the Democrats who control that state’s legislature, have ignored Republican Governor Tim Pawlenty’s veto threat and passed a series of tax increases.

Two different packages passed: one in the Minnesota House and one in the Senate. Both contain a variety of tax increases, including increases in the income tax, cigarette taxes, alcohol tax, and an increase in what is covered by the sales tax. The mortgage interest deduction would be limited.

These measures are probably irrelevant, as no Republican voted for them and Governor Pawlenty guarantees they’ll be vetoed. There’s clearly not enough votes for the vetoes to be overridden.

What will be heading to Minnesota and California? Major cuts in government spending. And that’s as it should be.

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