ClubFed for Janine James

Last August I reported on Janine James, aka Janine Lindemulder. Ms. James appeared in numerous adult movies and adult magazines. She decided that a down payment on a new home was more important than paying the IRS. That led to a guilty plea to intentionally failing to pay her taxes. Ms. James was sentenced to six months at ClubFed and must pay just under $300,000 in back taxes. She’ll start her sentence on March 10th.

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A Slight Improvement in Michigan

Michigan has one of the worst business tax climates in the country. Legislators in the state made a slight improvement in their tax situation last week when they unanimously approved a bill that would stop Michigan businesses from paying tax on tax.

Yes, you read that right. Under the Michigan Business Tax sales tax in considered part of the gross receipts used in calculating the MBT. That inequity, along with paying tax on tax-exempt interest income, will be eliminated.

Governor Jennifer Granholm is expected to sign the measure this week.

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Oregon Looking at a Mileage Tax

Among the many taxes that we pay is the gasoline tax. Oregon, which has no sales tax, uses the gasoline tax as its primary funding for road repairs. Governor Ted Kulongoski wants to change that.

“As Oregonians drive less and demand more fuel-efficient vehicles, it is increasingly important that the state find a new way, other than the gas tax, to finance our transportation system,” Governor Kulongoski told the News-Record.

There are obvious problems with a complete switchover. Many cars do not have GPS devices; equipment would also be needed at every gasoline station. And what would happen if an Oregonian bought gas in Washington state? Or if he drove there; would he have to pay the mileage tax on out-of-state driving?

Still, the linked article gives a look at a possible future source of government revenues. Interestingly enough, Governor Kulongoski is asking for the gasoline tax to be raised by $0.02/gallon.

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Governator Preparing the 2009 Budget

Governor Arnold Schwarzenegger released details of next year’s budget. Full details aren’t available but it appears that this budget would cut the number of state employees, increase the sales tax by 1.5%, add new taxes on alcoholic beverages, and cut by 1/3 the amount of the dependent credit on income tax returns. There are also funding shifts from the new mental services tax and major cuts in spending.

Republican legislators say that this proposal is doa because of the tax increases. State Senate President Darrell Steinberg (D-Sacramento) considers the mental service tax money shift to be a “non-starter.”

Meanwhile, nothing has been done to bridge the current year’s budget gap. There are rumors that legislative leaders will join the parade of state officials seeking a bail-out from Washington. Negotiations will likely resume tomorrow now that the Holidays are over.

As I’ve said before what will be in the agreement is very clear. There are going to be major budget cuts in Sacramento. Some programs/commissions/departments/etc. are going to be eliminated; that’s the only way that the budget can be balanced for real. There are going to be some tax increases, too (probably a 0.75% increase in the sales tax). Then again it’s always possible that our elected representatives will do some more work with smoke and mirrors.

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Do I Owe 5¢ Or Am I Owed 4¢?

I’m sure I have lifetime employment, and this story is yet another confirmation of that. A Detroit attorney received a bill for 5¢ from the IRS. He then received a letter noting that he was owed a 4¢ refund, but he would have to request the refund because the IRS doesn’t normally send out such refunds. But which is correct—the 5¢ he is required to pay or the 4¢ the IRS is not required to refund?

He called the IRS and was on hold for so long he gave up. AP reported that an IRS spokesman refused comment.

In all seriousness this story does lead to a question that really should be answered. Why does the IRS bill anyone for such a small amount? It has to cost the IRS at least $2 to send out a notice. To spend $2 to collect 5¢ is ridiculous.

Of course, this whole thing is ridiculous but there is some good news on the horizon. In theory, sometime later this year you will be able to go online and access your IRS account information. Professionals already can (with authorization from the taxpayer) through the IRS’ e-services; the system works very well.

In any case, if I hear about the resolution of the 5¢/4¢ conundrum I’ll be sure to let you know.

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No Love for Dinosaur Land; the Hovinds Lose Their Appeal

I’ve written several times about the saga of Kent and Jo Hovind. The Hovinds are evangelists who formed Dinosaur Adventure Land, a theme park that mixed dinosaurs and the Bible. They also weren’t believers in the IRS, and used a combination of phony trusts, illegal structuring of transactions, and just not paying the IRS to avoid taxes. That led to a verdict against them in Tax Court, and was followed by Kent Hovind being found guilty of all 58 criminal counts he was accused of and Jo Hovind also being found guilty of criminal tax evasion. Mr. Hovind received 10 years at ClubFed while Mrs. Hovind received a year and a day. Additionally, $430,000 was forfeited to the US government.

They appealed their convictions and their sentences, and the 11th Circuit ruled on their appeal yesterday. Like the dinosaurs the Hovinds fared poorly. They lost on every one of their arguments and Mr. Hovind will be serving out his sentence.

As Judge Rogers put it when Mr. Hovind was convicted, “No one can violate the law and then say that they were doing so for the will of God.”

That’s a wrap on 2008. Have a safe and Happy New Year.

Hat Tip: TaxProf Blog

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2008 Tax Offender of the Year

There are all sorts of awards given, but the award I give is special. To be considered for the Tax Offender of the Year award, you must do more than cheat on your taxes. It has to be special; it really needs to be a Bozo-like action or actions.

There were several worthy nominations who just missed the cut. The Orange County Great Park Board for wasting nearly all of the nearly $200 million they received to fund the Great Park. Yet the Great Park Board hasn’t violated any laws; they’re just acting like many governmental entities.

Another government nominee was the legislature and the governor of California. Revenues into the Bronze Golden State have increased since 2000 yet California faces a $15 – $20 billion budget deficit. They have “balanced” recent budgets solely by accounting gimmicks. The day of reckoning has arrived but both the Democrats and Republicans refuse to compromise. This is another deserving nominee yet there’s the same problem as with the Great Park. They’re acting like Bozos, but they haven’t violated any laws.

Coming in just out of the money for this year’s prize is Randy Nowak of Tampa, Florida. Mr. Nowak was facing an IRS audit and it wasn’t going well. So he hired a hit man. Of course, assuming the unlucky IRS auditor died the IRS would just assign another Revenue Agent to the case. Mr. Nowak will likely spend several years at ClubFed (and pay the tax, penalties, and interest). This was truly Bozo.

Yet Mr. Nowak’s case falls just a little short of this year’s winner. For that, we must head to Maple Grove, Minnesota, a suburb of the Twin Cities. Robert Beale founded a company that became Comtrol Corporation in 1982. Comtrol specializes in computer connectivity products. Mr. Beale, as CEO, earned a respectable $700,000 salary. But Mr. Beale had different ideas than most of us about income taxes.

He became a member of the tax protester movement, arguing one of the numerous schemes (all of which have been thrown out by the courts) that you don’t have to pay income taxes. Mr. Beale became a follower of Irwin Schiff. Mr. Schiff claimed that no one had to pay income taxes. Mr. Schiff is now serving a 13-year sentence for following his own advice. (Hint: You do have to pay income taxes.)

Mr. Beale directed the bookkeeper at his company to first not withhold taxes on the $700,000 and then to pay him through an offshore shell company. He began to file statements with the IRS claiming he didn’t have to pay income taxes. In January 2006 he was indicted for tax evasion. Now, if you were indicted for tax evasion you’d get a good attorney, perhaps talk settlement with the IRS, and you’d certainly start planning your defense.

Not Mr. Beale. When his case was called for trial in August 2006 Mr. Beale was nowhere to be found. Mr. Beale told the Minneapolis Star-Tribune that he resided with friends during his fourteen months of being a fugitive. He went to Orlando and made the “dumb mistake” of using the same cellphone for eleven months to call his wife. He was arrested in November 2007 in Orlando.

His case finally came to trial this past April. Again, if you’re facing tax evasion and unlawful flight charges it’s time to hire a good attorney. Not Mr. Beale. He represented himself during his trial. But there’s more, and now we get to the truly Bozo aspect of this case.

Mr. Beale and three confederates decide to arrest the judge. No, I’m not making this up. As Joe Kristan noted (quoting TwinCities.com),

Robert Beale, 65, was charged Monday in federal court with one count of conspiracy to impede an officer and one count of obstruction of justice. Also indicted on the same charges were Frederick Bond, 62, of Champlin; John Pelton, 67, of Stillwater; and Norman Pool, 43, of Blaine.

“God wants me to destroy the judge,” Beale is accused of saying in court records…

The men issued fake warrants for Montgomery’s arrest, filed fraudulent liens, planned to disrupt court proceedings and planned to arrest Montgomery. The plans were concocted at meetings of their “common law court” in Little Canada and in phone calls from Beale, after he was jailed.

Going after a federal judge is an excellent way to make sure that you reside in ClubFed for a long, long time. And using prison telephones to threaten a judge is really Bozo given that calls are routinely monitored.

Meanwhile, the trial of Mr. Beale on tax evasion charges moved forward. The trial took eight days but the jury needed only two hours to convict Mr. Beale on all five tax evasion charges and the count of unlawful flight. Mr. Beale, in closing arguments, apparently recognized the futility of his case, noting, “[the trial was] such a waste of time and resources because of my beliefs.”

Mr. Beale received 11 years at ClubFed for these convictions. When sentenced, he told Judge Ann Montgomery, “I do not consent to incarceration, fine or supervised release…I have not committed a crime.” No matter, he’ll still be spending the time at ClubFed.

In October Mr. Beale was found guilty of conspiracy to impede an officer and obstruction of justice for his attempt to arrest the judge. He’s still awaiting sentencing on those charges.

All-in-all Mr. Beale is a worthy winner. He joins our two prior winners: Sharon Lee Caulder, a voodoo priestess, won in 2005 and Gene Haas, a businessman who decided to get back at the government after he lost a patent case by committing tax fraud, the 2007 winner.

What will 2009 bring? I’m always hopeful that I’ll be able to say that no one rose to the heights necessary to win this award. Based on past history that’s very, very unlikely to be the case.

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IRS Lockbox Changes

One major IRS change is happening on January 1st: The IRS is closing its Dallas lockbox. If you currently mail payments to Dallas check the notice as to the new addresses in Charlotte that you will be sending your payments to.

Meanwhile, if you are sending business payments to the Charlotte lockbox those will be sent to Cincinnati. Again, the IRS notice gives the new addresses to use.

Finally, addresses will change for 2009 filing. For example, Washington is moving back to San Francisco, Arizona is moving to Cincinnati, and Illinois is moving to Cincinnati. Those are the lockbox addresses that we’ll be issuing. Just don’t assume the addresses you used for 2008 will be used for 2009. The IRS has published their list here. The IRS makes these changes to equalize the load in their service centers…and perhaps to confuse us tax professionals.

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The Bee Gets It Right

I’m annoyed with both sides in the endless budget battle. The Sacramento Bee today points out the Democrats’ intransigence. Will anything come of this?

Probably not.

The Bee thinks that the Democrats’ union contributors don’t want a compromise on cutting state payroll. It’s taken this long for a major newspaper to state the obvious.

Both the Republicans and the Democrats need to compromise. So far, neither side has been willing. One of four things will happen: the Democrats will compromise, the Republicans will compromise, neither side will compromise and California will run out of money, or both sides will compromise. I’m hoping for the last choice but I’m not holding my breath.

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Very Light Week on the Fraud Front

It must be the Christmas season; I could only find a couple of stories on tax fraud from the long weekend.

Keith Kuchenbecker of Neenah, Wisconsin was president of his own construction company from 2000 to 2007. He made a mistake that is guaranteed to get you in trouble with the IRS. Mr. Kuchenbecker didn’t forward his trust fund taxes to the IRS. He plead guilty to one count of income tax fraud and has agreed to make restitution of $288,000. He’ll be sentenced in March.

I would love to see all 52 weeks of the year with as little tax crime as this past week. I’d also like to see the Cubs in the World Series. I think the Cubs have the better chance in 2009.

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