No Budget in California (Yet)

As of this writing there’s no budget in California (doesn’t this sound familiar). That doesn’t mean that when I wake up in the morning that there won’t be a budget but it appears that the Democrats still need one more vote to pass the bad budget.

Jerry Pournelle, the science fiction author, had some cogent thoughts about California’s situation:

It’s not so much that the voters vote themselves largess from the public treasury, although that certainly happens; it is that those with a particular interest, such as civil servant including teachers and prison guards unions will always organize effectively while those who are affected less directly won’t, and the result will go in one direction.

I’ll repeat another learned mind: Whatever you have, spend less. It’s a lesson that California’s elected leaders need to learn.

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Kansas In Fiscal Trouble

Kansas has joined California in having a budget crisis. The Sunflower State is out of money to pay income tax refunds, Budget Director Duane Goosen told the Wichita Eagle. Also threatened is the state’s payroll and medicaid payments.

The Kansas crisis appears to have many similarities to California’s, though on a much smaller scale. Kansas appears to be about $330 million in the red (compared to $41 billion in California). Republicans passed a bill that cuts $326 million from the current budget; it’s unclear whether Democratic Governor Kathleen Sebelius will sign the legislation. While there are funds in place in other Kansas accounts that could cover this weeks’ debts, Republicans won’t allow any more ‘IOUs’ to be issued (those IOUs allow money to be lent from one Kansas account to another).

I’ll keep you informed.

Hat Tip: Don’t Mess With Taxes

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Trust Fund Taxes Not Paid Lead to the Expected Result

Let’s head to Corpus Christi, Texas. Stephen and Bryan Lyons operated B&T Rents. The store was profitable. Of course it helps when you don’t send your trust fund taxes to the IRS. As I’ve said before, if you do that you’re guaranteed to face an IRS investigation. They did. The owners had hoped that front companies would hide where the money was from the IRS. That wasn’t successful, and the two owners pleaded guilty to tax fraud. Stephen Lyons received a year and a day at ClubFed; Bryan Lyons received 18 months. Both had to pay $10,000 fines. The two have already made full restitution to the IRS.

If your business is having trouble paying trust fund taxes, get legal and/or tax advice now. This is one area where malfeasance will almost always be discovered and where tax fraud will almost always be prosecuted.

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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.

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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.

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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.

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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.

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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

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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.

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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.

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