Tanning and Other Phony Deductions

Three Bozo tax preparers are in trouble this week. Two are the target of a Department of Justice lawsuit to shut them down; the other finds himself facing tax evasion charges.

Let’s start in Clive, Iowa. Jill Schwartz-Musin and her husband Howard Musin own SSC Services. They’ve been very successful, preparing about 5,000 returns for small businesses over the last three years. And I can see why they’ve been successful. Unlike most preparers, if you use SSC you can allegedly deduct expenses such as tanning salons, hair and nail care, and gifts to family members as deductions. And even that trip to Cancun was allegedly deductible. Needless to say, such personal expenses aren’t deductible. If the allegations are true, Mr. & Mrs. Musin will likely need to find a new profession. Those who’ve used SSC are likely to receive “Dear Valued Taxpayer” letters from the IRS. Joe Kristan has more.

Let’s head next to Sarasota, Florida. Carl Prater operated New Found Freedom (doing business as Tax Escape Service). Mr. Prater basically was in the same situation as Mr. & Mrs. Musin. Back in December 2002 he was the target of a Department of Justice lawsuit, and a temporary injunction was issued against him. Mr. Prater sold packages for up to $26,000 that stated that US income was exempt from US tax (proving again that a sucker is born every minute). Most individuals would figure it’s time to move on after being the target of a federal injunction. (It appears from the record that a permanent injunction was issued in 2005.)

Apparently, that wasn’t the case for Mr. Prater. The IRS and the Department of Justice allege that he ignored the temporary and permanent injunctions that were issued, and he continued to sell his “tax escape” package that states that income earned in the US is exempt from US income taxes. (Hint: If you take that position there is a way you will escape paying taxes. You could be arrested on tax evasion and find yourself working for pennies a day at ClubFed.) Mr. Prater has been charged with a litany of tax-related offenses: aiding and assisting in filing false tax returns, failure to file tax returns, criminal contempt, structuring transactions, and lying before a grand jury. Mr. Prater is looking at a lengthy term at ClubFed if he’s found guilty and a fine of up to $1.95 million.

If someone tells you that you can escape taxes in one of the ways described above, run in the other direction.

Posted in Tax Fraud, Tax Preparation | Tagged | Comments Off on Tanning and Other Phony Deductions

One of the Worst Cases I’ve Read About

I like to poke some humor on tax fraud cases. This case has none of that, and I’m really disgusted about the facts of the case.

Two judges in Wilkes-Barre, Pennsylvania had a nice racket going. Judges Mark Ciavarella and Michael Conahan accepted $2.6 million in kickbacks. They took the money so that two private juvenile detention centers could be built, and Judge Conahan shut down the county’s existing juvenile detention center. Judge Ciavarella then sentenced children to the new facilities.

There are allegations that the two judges sent children to the facilities rather than sending them home (as recommended by juvenile probation authorities). Judge Ciaverella denies that charge.

The two judges pleaded guilty to tax evasion and to fraud. The plea agreement specifies they will serve 87 months at ClubFed. They must also make restitution.

Posted in Tax Fraud | Comments Off on One of the Worst Cases I’ve Read About

Marlins Vote Delayed

The Florida Marlins play at Joe Robbie Pro Player Dolphins Stadium in South Florida. It’s a football stadium, and with the usual afternoon showers that plague South Florida it’s not an ideal place for baseball. Add in the heat and humidity of South Florida and it’s no wonder the Marlins are near the bottom in attendance.

The Marlins want a new stadium, and the Orange Bowl was just torn down. So there’s a natural location for the new stadium. Just one problem: New stadiums are expensive, and sports teams don’t want to pay for them. The estimated cost is $515 million, and the local officials (both city and county) want assurances from the team before tax money is raised. The Miami-Dade County Commission was going to vote on Friday but the vote has been delayed at least another month.

Posted in Florida, Legislation | Comments Off on Marlins Vote Delayed

1.5 Votes Away

The California budget crisis continues. As of this writing, the Legislature is locked in at the Capitol. There are apparently the votes to pass the budget in the Assembly, but Senate Democrats need to convince either one or two Republicans to vote for the budget. Senator David Cox (R-Sacramento) was considered the most likely to vote for the budget but he has stated that he won’t. It’s also possible that Lou Correa (D-Santa Ana) will vote against the budget; if that happens, yet another Republican will be needed to approve the budget.

Adding some humor to this is that Democratic leaders again literally locked the doors. Members of both houses of the state legislature can’t leave the building. The last time this happened (last year) the result backfired on the Democrats. We’ll see if locking the doors was a smart move or just more of the same.

As for the budget, if you read my previous piece on it you know I’m not a fan of it. I’ll let you know if it becomes the law of California.

Posted in California | Comments Off on 1.5 Votes Away

The “Stimulus” and Taxes

The Stimulus bill which will soon pass Congress is one of the largest spending bills ever. It’s pork, pure and simple, with a veneer of stimulus. But forget the veneer, it appears to me to just be spend, spend, spend.

That said, there are a few tax proposals buried in its 1400+ pages. Let’s look at them:

1. Joe Kristan noted that estimated payments for “small business owners” for 2009 only are reduced from 100%/110% of 2008 taxes (under the Safe Harbor method) to 90%/100%. To qualify under this provision an individuals Adjusted Gross Income (AGI) must be under $500,000. As Joe noted, it’s up to the IRS to define what a small business is. Perhaps the IRS will do this before it’s time to file 2009 tax returns.

2. The AMT patch is contained within the stimulus bill. This is a good thing as otherwise it would be debated sometime late this year. It would have been better to just eliminate the AMT but there’s always tomorrow’s stimulus bill.

3. There’s a Net Operating Loss carryback provision: NOLs can be carried back up to five years for 2008 if the business’ gross receipts are $15 million or less.

4. The first time homebuyer’s credit is increased to $8,000 for 2009 for eligible purchasers. And for 2009 purchasers (but not those who got this credit in 2008) the credit does not have to be paid back.

5. There’s a deduction for interest and sales tax on new car purchasers. There are weight restrictions (under 8500 pounds) and income restrictions (AGI under $125,000/$250,000 MFJ). The deduction applies to cars, light trucks, motorcycles, and recreational vehicles purchased in 2009.

6. The eligible income floor for the Child Credit has been lowered to $3000 from $8500 for both 2009 and 2010.

7. A new tax credit of up to $2500 for tuition and expenses paid during the tax year. The credit phases-out at an AGI of $80,000 ($160,000 MFJ) and 40% of the credit is refundable.

8. Bonus Depreciation is extended through 2009.

I’m sure there are more tax provisions…especially since no Congressman or Senator has read the bill they’re voting on.

Hat Tips: Roth Tax Updates, NAEA

Posted in Legislation | Comments Off on The “Stimulus” and Taxes

A Bad Budget Deal Struck?

Various reports from Sacramento hint that a budget deal has been struck. UPI’s report states (from the Sacramento Bee)

Sources close to the negotiations told the newspaper that the tax provisions include an across-the-board hike in the income tax, higher vehicle registration fees and a 1-cent-on-the-dollar increase in the sales tax. The hikes would be in effect for a minimum of two years.

The report also states that this “…would close California’s projected $140 billion budget deficit through borrowing, tax increases and spending cuts.”

Ignoring the faux pas of the $140 billion deficit (it’s “only” $40 billion), borrowing just postpones the inevitable. Sooner or later California must realize that the state’s current level of spending is untenable. Of course, the devil is in the details, and what the Democrats have conceded (supposedly a rainy day fund and spending caps, both of which require voter approval) don’t appear nearly enough for me to think that a tax increase should be moved forward. And I don’t even want to mention the massive difficulties California will have borrowing money given current financial markets and conditions.

Additionally, anyone who thinks that a tax increase will bring in the projected amount of revenues needs to study basic economics. In a recession, people will spend only what they can afford to. If the price of goods goes up by a sales tax increase, they’ll spend less. If their income goes down (by an income tax increase), they’ll spend less. If what’s discussed above is the plan, I guarantee that come June (when the 2009-2010 budget gets debated) you will be hearing about yet another budget crisis in Sacramento.

What needs to be done is the use of an axe on the budget. Yes, this may sound draconian but California has lived beyond its means; the state has been budgeting using the assumption that good times will continue ad infinitum. That doesn’t happen (as is being borne out now) and the solution is to get down to a level of spending that’s commensurate with reality.

I may be wrong on all of this; as I said, we need to see the details. But it sounds like a deal everyone will regret in just a few months, and one which will make the economic climate even worse in the Bronze Golden State.

Posted in California | Comments Off on A Bad Budget Deal Struck?

Is It Time to Leave California?

I like living in Irvine. It’s a great community, I have lots of friends, and I enjoy my home. But is the state so broken that no business can succeed here long-term?

It’s not that I’m upset with the budget fiasco in Sacramento. On the contrary, my sympathies lie with the Republicans who refuse to allow additional taxes. Indeed, I agree with them. We need to drastically cut taxes in California, and if we did so we would see a result that might shock the Democrats in Sacramento. We would see an increase in revenues. And if we coupled that with the major cuts in the bureaucracy in Sacramento there is no doubt in my mind that we’d see California quickly emerge from the recession.

Unfortunately, I doubt any of our leaders in Sacramento are forward-thinking enough to consider what I propose. In the end, I expect the budget crisis to be resolved by a sales tax increase of 0.5% to 1.0% coupled with a decrease in the rate of increase in California’s budget.

All of this has given me pause about myself and my business. I like it here, and I have significant ties to California, but there comes a time when enough is enough. We’re heading in that direction today.

Posted in California | Comments Off on Is It Time to Leave California?

Lots of Fraud This Week

Plenty of fraud to digest this week, with stories that span the globe. We even have what looks like a case that we reported on two years ago where the alleged perpetrator won’t be prosecuted after all.

Let’s start in Budapest, Hungary. Many criminals have found the former Eastern Block a safe place to call home. Apparently Dennis Hunter is one of them. Mr. Hunter faces charges of tax fraud on a massive scale: He’s alleged to have defrauded the British treasury of £250 million. The fraud relates to the Value Added Tax that exists in Europe, and allegedly took place from 2001 to 2003. Agents from Spain, Hungary, and the United Kingdom found Mr. Hunter in an Irish pub in Budapest. Mr. Hunter will soon be sent back to the United Kingdom and, if convicted, faces several years in a British jail. Mr. Hunter was one of the ten most wanted criminals in the U.K.

Thomas Carbo was sentenced this past week. We reported on Mr. Carbo back in September; he paid his employees in cash and pocketed the payroll taxes. He also skimmed income from his business. That combination wasn’t a winner, and he pleaded guilty. He received 20 months at ClubFed, a $5,000 fine, and must make restitution of $158,000.

Daniel Benham sold a plan that said that you could create legal entities to shelter your taxes. (If you do create those entities, they will owe tax.) That in itself is dubious, but there’s one born every day. Mr. Benham also decided to cheat the IRS the old fashioned way: He didn’t pay his taxes from 2000 through 2003. That got him convicted of four counts of tax evasion and one count of bankruptcy fraud. He’ll have six years at ClubFed to find a new scheme.

Finally, I reported on the case of Michael Monahan in March of 2007. Mr. Monahan is alleged to have not paid payroll taxes on his temp agency’s employees. But the case has apparently run into trouble. Mr. Monahan had pleaded guilty but has now withdrawn that plea. The case against his partner was dropped last year. It’s now unclear as to whether Mr. Monahan will be prosecuted or not. The Nashua Telegraph reports that the prosecutor had last week filed a motion to allow Mr. Monahan to change his plea and to dismiss the case against him “with prejudice” but his superiors aren’t happy with that idea. They forced the prosecutor to withdraw that motion.

Well, unless you’re about to be nominated for a Cabinet post try not to cheat on your taxes. Please?

Posted in Tax Fraud | Comments Off on Lots of Fraud This Week

Is There Something in the Water in Illinois?

Suppose you’re a tax preparer, and your new client owes quite a bit. Being the ever helpful kind of person that you are, you suggest to him that he add some additional business losses, charitable contributions and child care expenses, and maybe a dependent or two. Sounds familiar, no?

Well, if that client happens to be an undercover criminal investigator from the IRS, you will soon be a former tax preparer and you may soon be residing at ClubFed. Dewayne Preacely of Flossmoor, Illinois owned and operated Personal Tax. The business was successful, with three locations in Chicago Heights, Harvey, and Waukegan. The emphasis definitely needs to be on “was” because Mr. Preacely pleaded guilty last week in Chicago to tax fraud.

It’s not just Mr. Preacely who will be paying for this. There are 67 taxpayers who have been sent “Dear Valued Taxpayer” letters from the IRS and who will soon have to pay the additional tax, interest, and possible penalties.

But Mr. Preacely isn’t the only Bozo preparer from Illinois this week. Keith Edwards of Cahokia (near St. Louis) is boarding at ClubFed until his April trial. Mr. Edwards prepared tax returns and allegedly had the money wired into his own account. That in itself is bad, and the charge that he also used someone else’s social security number to file the returns makes matters worse. Plus he was apparently caught with ammunition. He was convicted of a felony count in 2002 so he’s also been charged with being a convicted felon in possession of ammunition. It’s triple trouble for Mr. Edwards.

Posted in Tax Fraud, Tax Preparation | Tagged | Comments Off on Is There Something in the Water in Illinois?

No Progress in Sacramento

I heard while driving last week that global warming enthusiasts predicted a severe drought this year in California. Of course, the dry weather of January promptly changed to a rainy pattern that is now predicted to last for at least the next two weeks.

Perhaps we can ask Al Gore or someone else to predict that the budget standoff in Sacramento will continue. If so, the crisis—there was no movement last week—would quickly come to an end.

Posted in California | Comments Off on No Progress in Sacramento