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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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?

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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.

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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.

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The FTB Losing Streak Continues

The Franchise Tax Board’s battle against Gilbert Hyatt continues in Las Vegas. Mr. Hyatt, as you may recall, moved from California to Las Vegas in the early 1990s a few months before he received a patent settlement in the millions. The FTB conducted a residency audit and found he was still a resident of Nevada. Mr. Hyatt sued the FTB in Nevada; the FTB fought the lawsuit claiming immunity from being sued. That case went all the way to the US Supreme Court, and the Court ruled that the FTB could be sued.

Last year Mr. Hyatt finally won his case, and he won big. He won $396.08 million. Over the last week Judge Jessie Walsh denied the FTB’s motion for a new trial. She also told the FTB that they must post a bond if they wish to appeal. Somehow, Judge Walsh doesn’t think California’s credit is good. I believe (but am not certain) that a 10% bond must be posted, so that would mean about $39 million.

What is thoroughly annoying to me is that the tactics that a California resident cannot sue the FTB even if the FTB were to use the same tactics as they used against Mr. Hyatt. The FTB does enjoy sovereign immunity in California.

Further motions are scheduled to be heard on March 11th. Presumably if these motions are denied the next step is for the FTB to file an appeal.

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Paging President Obama and Secretary Geithner

Today the Tax Court decided Taylor v. Commissioner, a case involving a lien and a levy. While the case itself is interesting (the petitioner is a famous singer), it’s the Court’s conclusion that interested me:

Both petitioner and respondent repeatedly commented on petitioner’s stature as a beloved and well-known professional singer as support for their respective positions in these consolidated cases. We disagree with both parties insofar as they contend that a taxpayer’s celebrity status is somehow relevant to what this Court must do in deciding whether the Commissioner’s collection action may proceed. Every taxpayer, no matter how famous or notorious, has a legal obligation to honestly report and pay his or her income tax liability each year and is entitled to fair enforcement of Federal tax laws. [footnote omitted]

Anyone who believes that Secretary Geithner was treated identically to how you or I would be treated, please step forward….

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Francis Sent Home

Girls Gone Wild founder Joe Francis was released from ClubFed this afternoon. Francis slept through his Monday morning court hearing. He has stated that he was suffering from the flu. He’s been ordered to get a doctor’s note, and present it on February 11th. Until then, he’ll get the bed rest his doctor has ordered—he’s been ordered to stay at home by Judge S. James Otero.

Francis faces ten years at ClubFed if found guilty of tax evasion in a trial set to begin at the end of March.

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Francis Gets to Sample ClubFed

Girls Gone Wild founder Joe Francis faces felony tax evasion charges. This morning he was supposed to appear in Federal Court in downtown Los Angeles at 8:30a.m. He didn’t show up. After a phone call to his home wasn’t answered, a bench warrant was issued.

Mr. Francis finally appeared at 1:30p.m. It’s likely that Judge S. James Otero wasn’t thrilled with Mr. Francis’ excuse of having the flu. Mr. Francis was taken away by the US Marshal’s Service. While his defense attorney pledged to try to have him released, there’s no word on whether she was successful.

Mr. Francis is accused of improperly deducting $20 million from his corporate tax returns. Today’s hearing was so that his defense attorneys could step down because of “strategic differences of opinion.”

News Story: EOnline

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Another Thing to Try at the Next Audit or Appeal

I’m learning a whole bunch of new strategies to use in my representation work, all courtesy of President Obama’s Cabinet appointees. I already have the “I Forgot” defense from Treasury Secretary Geithner. Next is the “Forget ClubFed and Penalties” defense from Tom Daschle.

Former Senator Daschle (D-South Dakota) is the nominee to become Secretary of Health and Human Services. Bill at April15.com has a great post where he notes:

1. he failed to report $80,000 in consulting income

2. he failed to consider that receiving a car and driver from his employer would be income

3. he claimed charitable deductions to organizations that were not qualified charities and

4. all totaled he had to pay over $140,000 in taxes and interest yet didn’t have pay a dime in penalties (when in fact other taxpayer’s have gone to prison for less)

Unfortunately, us middle-class Americans are the ones stuck paying taxes. Perhaps Leona Helmsley was right: “Only the little people pay taxes.”

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