Snipes Parties, Loses Passport

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…

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?

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?

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

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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California Tax Refunds Delayed

California Controller John Chiang announced that California tax refunds will be delayed at least thirty days. This will be the first real consequence of the budget fiasco in Sacramento that will be felt by the average Californian.

With no end to the stalemate in Sacramento in sight—Democrats don’t want to cut many programs and Republicans won’t accept any tax increases—a thirty day delay may be very optimistic. Ray Haynes wrote in the Flash Blog that today’s California revenues match the budget for 2005-2006. He proposed the simple solution: Lower the expenses to those of 2005-2006.

I’m not holding my breath for a solution. If you’re a Californian expecting a tax refund, don’t hold your breath either. Indeed, when your refund is finally issued don’t be surprised if it’s a Registered Warrant (an IOU).

California needs to drastically cut state spending. Sooner or later this will happen. Given that I’m talking about California, I’m betting on later.

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Three Gambling Questions

Three interesting questions were recently emailed to me regarding gambling tax issues. Let’s take a look at some of the issues of concern:

1. “I’m planning on playing at an upcoming poker tournament in Los Angeles and heard that if I win a prize California will withhold 5% of my winnings. I’m a Canadian citizen and can’t see how they can do that. (I know that the IRS will withhold 30%, and that I am able under the US-Canada Tax Treaty to get some to all of that back.) Please advise.”

Well, I have bad news for you. The withholding rate is not 5%; rather, it’s 7%. You are earning that income in California, and California law says that anyone who earns that income is subject to state income tax.

I do have good news for you in one respect. If you’re a professional gambler and are paying Canadian income tax, the tax you pay to California is a foreign income tax that you will be able to get a tax credit for. However, if you’re an amateur gambler you are just plain out of luck (Canada doesn’t tax gambling income from amateurs).

As to why you’re paying the tax, that’s a long and convoluted story. The Tax Foundation conducted a study on this tax (back in 2004) and concluded that it was “poor tax policy and should be stopped.” The jock tax started, believe it or not, with Michael Jordan of the Chicago Bulls. The Franchise Tax Board got the idea that they should share in Mr. Jordan’s salary. Illinois then retaliated and instituted their own jock tax. Now they’re universal.

And California wants the jock tax from anyone and everyone. If you win a contest in California expect to have some of your money withheld. The Bronze Golden State is broke and this isn’t going to change soon.

2. “I’m a professional poker player who won a very nice six-figure bad beat jackpot. I’ve also won into well six figures this year [earnings] from poker. My question is can I treat the BBJ as gambling winnings while treating my poker income as, er, income.”

First, for the non-poker players reading this, a bad beat jackpot is when a very good hand (say, four of a kind) is beaten by a better hand (say, a straight flush). The rules for bad beat jackpots vary from casino to casino and they are not universal. Indeed, many cardrooms don’t have bad beat jackpots.

The answer to this gentleman’s question, like lots of poker answers, is it depends. Was the jackpot casino funded or player funded? A jackpot funded by the casino is a prize; when you win such a prize it’s like winning a sweepstakes. The casino is providing this out of the goodness of its heart (or hoping that the publicity helps draw more gamblers to their casino); the jackpot in this case should be reported on a Form 1099-MISC and would be included in Other Income (line 21, Form 1040).

However, if the jackpot is funded out by a “jackpot drop” or an additional small rake (usually $1 out of each pot), then it’s funded by the players themselves. In that case, the jackpot is gambling income and should be reported on a Form W-2G.

The person who asked this question is a professional gambler (and a successful one, too). He’d like the jackpot to be reported as Other Income because then he wouldn’t owe self-employment tax on the income. My suspicion, though, is that it was player-funded and gambling income subject to self-employment tax. That’s just a suspicion, and only the correspondent knows for sure.

3. “Two years ago I was traveling to Costa Rica and won over $100,000 at the casino. Now my ex is threatening to tell the IRS about the win. What should I do?”

I’ve said on several occasions that one of the IRS’ best sources of tips are disgruntled ex-spouses and ex-girlfriends. I’m not a marital counselor so I can’t give any advice on that portion of the problem.

It sounds like you didn’t report the gambling income. Why not amend your tax return and report the income, pay the tax, penalties, and interest? It’s almost always better to come forward than to have the IRS come after you. (Don’t forget your state income tax, too.) Given that this issue has legal ramifications you should consult an attorney if you have not already done so.


Three questions, and three answers that likely didn’t make anyone happy. The Tax Code remains unfair towards gamblers and I don’t expect that to change anytime soon.

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Givers Gain

Two tax fraud stories on Tuesday, making it a twofer for Bozos. And trust me, don’t try either of these yourself.

First, we head to Miami. Pablo Gehr allegedly wanted to help his fellow church parishioners. He allegedly volunteered to prepare their tax returns. That’s a good deed. But what he supposedly did©—adding phony deductions and credits to their returns—is anything but a good deed. And shock of shocks, somehow most of those refunds allegedly made it into Mr. Gehr’s personal bank account. The government alleges he did this 24 times; thus, he was charged with 24 counts of tax fraud. The parishioners themselves were unwitting victims.

Next, we head again to Portland, Oregon. Maurilio Castillo Vega wanted to help his construction business. “What if I pay my employees in cash and set up some phony companies so I don’t owe as much in income tax?” We’re not talking peanuts here; Mr. Vega defrauded Oregon out of $8 million. He pleaded guilty to racketeering last year after being charged with that, tax evasion, theft, and several other counts. He’ll spend five years in state prison for this scam. No word if he’ll have to make restitution (but it won’t be a surprise if he does).

These two givers allegedly gained…but the benefits lasted just a short time. Had they looked at long-term tax planning they might have reaped some tax savings and wouldn’t be either heading to prison or to trial.

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It’s Only Monday

It’s only Monday. And I already have several tales of woe from the tax evasion front.

First, there’s one less Bozo preparer out in the world. Tommy Jordan is the former owner of Tax Tyme in Montgomery, Alabama. Mr. Jordan definitely helped his clients get refunds—to the tune of $3 million—but his methods weren’t of the legal variety. The government wasn’t pleased, and Mr. Jordan tonight stands tried and convicted of 26 counts of aiding and assisting in the preparation of false tax returns. He’ll probably be spending quite a few years at ClubFed.

Heading next to Portland, Oregon we find that Jeffrey Carrithers pleaded guilty to one count of income tax evasion. Mr. Carrithers felt that one social security number wasn’t enough; he used two. That’s a problem, especially when you do that to hide income. Add in using bank accounts in others’ names, not reporting income on a Form 1099, lying to IRS agents, and, more importantly, doing this repeatedly and you’re bound to get in trouble. Mr. Carrithers cost the government $93,714.47 in lost taxes. He’ll be sentenced on March 31st; based on federal sentencing guidelines Mr. Carrithers is likely looking at spending a year at ClubFed.

Stephen Talmage of Anderson, South Carolina didn’t believe in the income tax. Well, most Americans don’t like it. Mr. Talmage took it a step further. In 1992 he stopped filing and paying income tax. When the IRS told Mr. Talmage that he had to file and pay he gave them typical tax protester frivolous arguments. When the IRS then was about to levy his wages he quit his job. In the end, though, Mr. Talmage was arrested and he pleaded guilty last year to income tax evasion. Today he was sentenced to two years at ClubFed. And he also has to pay his back taxes (now $250,000) plus penalties and interest.

Finally, Frank Frazier, Sr. is CEO of Nashville Jet Charters. His company properly collected $141,739 in federal excise taxes. He just didn’t remit those taxes to the IRS. That’s a problem, and Mr. Frazier pleaded guilty today to failing to turn over those funds he collected. It appears that including penalties and interest the total due is at least $180,000 and may be as high as $430,000. Mr. Frazier received 60 days at ClubFed and must make restitution.

As usual, it’s a whole lot easier to just pay your taxes in the first place then it is to evade them. Somehow, though, that never enters the mind of the tax evader.

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Tax Season May Start In Mid-February This Year

If you want to make an accountant unhappy all you need to do is tell him that tax season will be compressed. Funneling more work into fewer days does not brighten an accountant’s day. The IRS today officially recognized what Congress enacted last year.

The IRS announced in Notice 2009-11 that investment companies and brokerage firms will be considered in compliance with the law if they furnish their 1099s by Tuesday, February 17, 2009. That’s a postmark deadline so it’s likely that many individuals won’t receive their statements until the following week.

Congress made the change in the law last year when they passed the Energy Improvement and Extension Act of 2008. This law extended the deadline for mailing out 1099-B’s and “consolidated reporting statements” from January 31st to February 15th. The 15th is a Sunday, the 16th is President’s Day, so the deadline this year is on the 17th.

I’m a little too harsh here, perhaps. In previous years the brokerage firms were scrambling to send out their tax forms, and it showed in the number of corrected forms they later sent that either required an amended tax return or making sure that the right set of forms were used to prepare the return.

In any case, if you don’t receive your brokerage firm’s 1099s in early February just remember that the deadline is now fifteen days later.

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