Will “I Forgot” Work for Me?

Posted on January 26, 2009 by Russ

Well, there’s a new Treasury Secretary tonight. Tim Geithner was approved by the Senate 60-44. Personally, I’m very unhappy with this. Yes, I do believe that failure to pay his taxes does disqualify Mr. Geithner from being Treasury Secretary (and the titular head of the IRS). However, the Senate has the power to Advise and Consent, and they did.

Ten Republicans voted for Mr. Geithner’s confirmation; three Democrats and one Independent voted against.

The next time I represent a taxpayer in an audit or an appeal, I might try out the “I forgot” defense. Unfortunately, I don’t expect to be as successful as Mr. Geithner.

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Blackmail and Tax Evasion from Europe

Posted on January 25, 2009 by Russ

Liechtensteinische Landesbank AG (LLB) is the oldest bank in the principality of Liechtenstein. It’s also very much involved in the current European tax evasion scandal centered around Germany. Two related stories emerged this past week.

First, a German court has convicted three men of attempting to blackmail LLB. The ringleader, identified only as Michael F., obtained 2,325 LLB statements of German clients. Given the high German tax rates many citizens used banks in Liechtenstein as a tax haven for their money. Michael F. decided to engage in a little blackmail; he demanded €13 million in exchange for returning the data. Given the principality’s rules on informing other countries of bank account holders (i.e., don’t ask and don’t tell), this might have been a wise strategy…until he got caught.

Blackmail is just as illegal in Germany as in the United States. Presiding Judge Dirk Fischer in Rostock, Germany delivered the verdict: “Michael F. claimed that he was only proposing a deal to the bank and didn’t coerce anybody. Well, we see that quite differently.” Michael will spend 63 months in a German prison; his two accomplices received suspended sentences. Attorneys for the convicted men promise appeals. Prosecutors will also appeal the sentences as they felt they weren’t harsh enough.

Meanwhile, Klaus Zumwinkel, the former CEO of Deutche Post AG, confessed in Bouchum, Germany to tax evasion. He sequestered €970,000 through another Liechtenstein bank (LGT Group). I doubt the Federal Central Tax Office (BZSt, the German equivalent of the IRS) is pleased and I suspect Mr. Zumwinkel will have to make restitution, pay a fine, and might end up in prison.

We’ve reported on the scandal before. A few Americans may have used Liechtenstein banks, too. If you reported your income, fine. Having a foreign bank account isn’t illegal (though you must report it). If you haven’t, it’s time to seek legal advice. Whether in Germany or in the United States, tax evasion isn’t a good idea.

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Don’t Try These at Home

Posted on January 25, 2009 by Russ

We may have a new President, but it’s the same old tax fraud. Please, don’t try any of these yourself.

>From Snohomish, Washington comes a crime that’s guaranteed to get yourself sent to ClubFed. Simply take the trust fund (FICA and Medicare) taxes that are being withheld from your employees’ paychecks and rather than sending them to the IRS, keeping them for yourself. Using them on trips to Hawaii and Disneyland will only make things worse. That’s what Lynda Mead did, and she’ll have just under three years at ClubFed to think it over. She also must make restitution of $537,000 (including penalties and interest).

Joseph J. Smith and Cynthia McDonough owned two auto body shops in Philadelphia. They were profitable, to the tune of over $1 million from 2001 to 2004. Their income after taxes was the same as their income before taxes—they didn’t report that income to the IRS. Nor did they report income from the sale of two homes. The IRS discovered this and wasn’t pleased. The couple was indicted on tax fraud charges. Last week they were convicted on those charges. Each is looking at a lengthy term at ClubFed, fines, and probable restitution.

Moving closer to home, Giancarlo Pertile owned Art Marble Design Inc. in Moorpark, California. Mr. Pertile followed the same pattern as Mr. Smith and Ms. McDonough: Just don’t report the income. He moved it to bank accounts that his bookkeeper, accountant, and the IRS didn’t know about…for awhile. But then the IRS found out about the tax fraud (which occurred between 1998 and 2002). Mr. Pertile was convicted last week of five tax evasion charges. He’ll be sentenced in May and is looking at a stay at ClubFed, fines, and probable restitution.

Finally, Rick Jones was a developer in Wood River, Illinois. Mr. Jones went through a divorce a couple of years ago, and his financial records came to light. While he reported $1.74 million of income in 2003 the divorce records showed a much higher figure. The IRS got interested and Mr. Jones pleaded guilty to tax evasion this past week. It turns out his real 2003 income was about $5.25 million. Mr. Jones paid $538,000 in tax but he should have paid $1.77 million. He’s looking at a stay at ClubFed, a fine, and restitution.

I’ve said many times that if you don’t remit trust fund taxes bad things will happen to you. I’ve also said that if you’re a tax evader, don’t get a divorce. This week shows again that the more things change, the more they stay the same.

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No News Is No News

Posted on January 25, 2009 by Russ

There’s been no real change in California’s budget crunch this week. Democrats still don’t want to cut programs and Republicans still don’t want to increase taxes; all Governor Schwarzenegger wants is a way to resolve the crisis. I don’t see anything changing in the near future, so we’ll see what happens this week.

Meanwhile, Moody’s warned that California bonds will soon be downgraded. That’s because California doesn’t have enough revenue coming in (or too much money going out in expenses).

There’s a hearing scheduled this week for the Governator’s proposal for mandatory furloughs for state employees. California Controller John Chiang, a Democrat, has submitted a brief which supports the employees. The employees may win their lawsuit which will give them a short-term victory. However, the long-term is very clear: California must drastically cut the number of government workers. That’s going to happen and if you work for the state it’s time to realize that. There simply isn’t the money for current staffing at current salaries.

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Indians 5, New York 4

Posted on January 25, 2009 by Russ

New York suffered a setback this week in its fight against the Cayuga Indian Nation. The Cayugas have been selling cigarettes without New York sales and cigarette taxes; district attorneys had previously executed search warrants and seized records from their cigarette stores. A state appellate court issued a preliminary injunction stopping the district attorneys from pursing the matter until the appeal is heard.

The stores, operated by the Cayugas, have been closed since mid-December. It’s likely they’ll soon be reopened. The last time I reported on this the score was New York 4, Indians 3. It looks like a two-run homer for the Indians from this vantage point.

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Snipes Parties, Loses Passport

Posted on January 22, 2009 by Russ

Poor Wesley Snipes. Mr. Snipes has appealed his convictions and sentence for tax evasion. While waiting for the appeal, he was given permission to travel to London and Bangkok for acting roles.

He did, and that was fine. But he also decided to visit Dubai. The new Atlantis, The Palm resort was opening up, and Mr. Snipes was attracted by the $20 million party being thrown. He had his picture taken on the red carpet.

Mr. Snipes should have sent his regrets, because now his passport has been pulled. The US Pretrial Services Office (they supervise convicted individuals that are not incarcerated) requested that Mr. Snipes’ passport be pulled. Dubai is about 3,000 miles from either London or Bangkok; Mr. Snipes violated the Court’s orders. Mr. Snipes will have to be content with domestic roles for now.

I hope it was a good party.

Hat Tip: Don’t Mess With Taxes

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The Family That Defrauds Together…

Posted on January 21, 2009 by Russ

My writing partner and I have been trying to figure out the subject of our next book. We’re thinking about a mystery, and it appears we’ve just had a plot handed to us.

We’re going to open a home study program, catering to low income families. We’ll tell our clients that as a bonus for using our services we’ll prepare their tax returns. All we ask in return is that they assign their Minnesota Education Tax Credits to us. (That credit can’t be assigned, and could only be applied for after the money has been spent.) What could possibly go wrong? Oh, we’re violating a few laws but who will catch us? Anyway, it might make a good plot for a mystery.

I didn’t make this up, though, as the Department of Justice alleges that’s exactly what a Minnesota mother and son did. Carolyn Louper-Morris and William J. Morris, Jr., both of Minneapolis face a 22-count indictment. They’re charged with mail fraud, wire fraud, money laundering, and wire fraud conspiracy. The DOJ alleges that 1,800 took advantage of CyberSutdy 101’s program, and the couple supposedly received $2.4 million from the Minnesota Department of Revenue.

What did the couple do with the money? Well, they did provide over 2000 computers to low-income students…but they apparently forgot to pay K-Mart for the computers. The indictment alleges that the money was partially used for “…$300,000 payment on a home, $74,000 for a new Mercedes SUV and $8,600 for a mink coat, a cashmere and rabbit scarf, and a chinchilla-trimmed hat.” The Minnesota DOR canceled the tax credit for CyberStudy 101 in 2002.

The couple also is alleged to have lied to the Minnesota DOR; the Minnesota DOR asked where the $2.4 million came from and was supposedly told that it was “loan proceeds.”

There is one surprise for me: That this is a case in federal court rather than state court. I would think that if the allegations are true that fraud charges could certainly be filed in state court. But the defendants, like all defendants, are innocent until proven guilty.

By the way, CyberStudy’s website is still open. If you’re interested in their programs you’d better hurry; I suspect they won’t be available soon.

News Story: Pioneer Press, KARE

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Selling Dependents?

Posted on January 19, 2009 by Russ

If you’re a tax preparer and you want to help your clients save money, one way would be to invent a dependent or two for them. Sure, you’re violating a law (or two), but your clients will save money. Not only will they get the extra exemption, they may get some education deductions or credits.

Yes, there’s a problem with this scheme (actually, several, but I’ll focus on the biggest). The Social Security Number of dependents is reported on tax returns. The IRS isn’t perfect, but they do a good job of matching information such as SSNs. Sooner or later—probably sooner—this scheme would be doomed.

So did someone actually do this? Well, since I’m writing about it here you already know the answer. Four women in Rocky Mount, North Carolina did just that. They also inflated wages of their clients to help them qualify for the Earned Income Credit.

All of this occurred in early 2004. Last March the women were indicted. They pleaded guilty in September and they were sentenced last week. The women received terms ranging from 180 days of house arrest to 15 months at ClubFed. All must make restitution of between $1,883 and $40,041 to the government.

This was truly yet another Bozo scheme due to fail. If your tax preparer offers to sell you a dependent, find another tax preparer fast.

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January 23rd: California Refund Deadline?

Posted on January 19, 2009 by Russ

Spidell today reported that California taxpayers who file by January 23rd and request a refund direct deposited into their bank accounts would likely get their refunds. Anyone who files after that date will likely have their refunds on hold.

Unfortunately, very few individuals will be able to meet that deadline. Most people are still waiting to receive their 1099s and W-2s; with the deadline for investment companies to issue the 1099s pushed back to mid-February most of us are out of luck.

One client asked me when the state is required to issue the refunds. California has until April 15th to mail (or direct deposit) the refunds. After that date, California must pay interest on the refunds. If registered warrants are issued interest may also be due on the refunds—especially if the warrants aren’t made good until after April 15th.

I didn’t report anything on the budget front last week because nothing has changed. Neither the Democrats nor the Republicans have changed their positions by one iota so there’s nothing to report.

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Double Trouble

Posted on January 18, 2009 by Russ

Two brothers operated two businesses: a fruit market and a car wash. Two sets of books and skimming lead to a likely term at ClubFed. Halfway across the country we also have a story of an alleged Bozo tax preparer.

Let’s start in Harrison, Michigan. Timothy and William Walraven owned and operated the Country Garden Fruit Market and Walraven’s Car Wash. They also had other business interests in Clare County, Michigan. The Walravens operated their business similar to the way the mob ran Las Vegas: They skimmed cash from the businesses and stored it in their homes. That’s not a problem if you declare the cash on your tax returns (well, it’s not a tax problem but banks and safety deposit boxes are far better places to store cash) but the Walravens kept two sets of books; they evaded reporting about $580,000 in income to the IRS.

All went well for apparently 15 years. Somehow, the IRS discovered the scheme, executed search warrants at the Walravens’ homes, found $1.3 million in cash, and charged the brothers with tax evasion. They each pleaded guilty to one count of tax evasion and one count of conspiracy to defraud the IRS; they’ll be sentenced in April and will likely spend some time at ClubFed.

Meanwhile, Ernest Barreda of Tucson has been indicted on 12 counts of tax fraud. Mr. Barreda allegedly followed the Western Tax Service method of preparing tax returns; he allegedly told undercover IRS agents that they could take deductions and credits that they weren’t qualified for. He also allegedly partook in what the Walravens did. The IRS accuses Mr. Barreda of not reporting $250,000 of the gross receipts of his tax practice between 2001 and 2004. Mr. Barreda is looking at a term at ClubFed if he’s found guilty.

If you’re tempted to try either of these methods of tax evasion I suggest that instead you try the legal methods of lowering your taxes. There’s still plenty of time to contribute to an IRA (or a SEP IRA). Your tax professional may be able to identify legal deductions you qualify for. The Bozo methods in the above stories just lead to ClubFed.

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