$28 Billion?

California’s Legislative Analyst is projecting that the budget deficit, currently pegged at about $11 billion, might grow to $28 billion. What does the Legislative Analyst, Mac Taylor, want to do to cure the problem? A 5% income tax increase.

I don’t expect Republicans in the legislature to support the Legislative Analyst’s proposal. Increasing California’s income tax rate to 14.3% (15.3% on income above $1 million) will be welcome news to the development authorities in Nevada, Arizona, Oregon, and Colorado. If this tax increase were enacted—again, I doubt this will happen—and President-Elect Obama’s probable tax increase were enacted, self-employed Californians would face marginal tax rates of above 72%. With such confiscatory taxation Californians will react by creating strategies to avoid taxation. Clearly one step would be to move. There’s no doubt in my mind that actions like that would occur, and that California will be stuck in a cycle of ever-increasing tax rates.

The only way to cure this is to drastically cut spending. Spending needs to match revenues. Ideally, California should cut tax rates rather than increase tax rates. Cutting taxes would help encourage business to relocate here rather than elsewhere. Unfortunately, the odds of tax cuts in California are less than zero.

I have no idea where the Legislature will head on this issue. Smoke and mirrors won’t work anymore. The Democrats won’t cut spending. The Republicans won’t vote for new taxes. Both sides need votes from the other side.

I’ll keep you informed.

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The Real Winners at the World Series of Poker

This year’s World Series of Poker concluded early this morning at the Rio Hotel and Casino in Las Vegas. The winner of the main event won $9,152,416 but would he actually end up with all that money?

This year’s winner was Peter Eastgate from Denmark. The United States and Denmark have a tax treaty. Because of the treaty Mr. Eastgate doesn’t owe a penny to the IRS. That just leaves the Danish tax authorities.

Denmark’s tax agency is called SKAT. Denmark, like the United States, does tax gambling winnings. For casino gambling (which is where I believe this will be classified) the tax rate is 45% on the first 4 million Danish Kroners; it’s 75% on income above that. Today $1 is worth 5.88907 DKK; Mr. Eastgate won 53,899,250.70 DKK before taxes. Mr. Eastgate will owe about 39,224,438 DKK in tax ($6,660,545). Put another way Mr. Eastgate will keep 14,674,813 DKK ($2,491,871) of his winnings—just 27.23% of his prize. Yes, he faces an effective tax rate of 72.77%. Ouch.

Ivan Demidov of Moscow, Russia finished second and won $5,809,595. The United States and Russia also have a tax treaty and Mr. Demidov won’t have any of his winnings withheld by the IRS. Russia has a 13% flat tax rate, so Mr. Demidov will owe about $755,247 to the State Taxation Service of Russia.

Third place went to an American, Dennis Phillips of Cottage Hills, Illinois. Mr. Phillips won $4,517,773 for his efforts. He’s an amateur gambler so he won’t owe self employment tax on his winnings. Still, he can expect to pay $1,568,950 to the IRS and $135,533 to the Illinois Department of Revenue.

Ylon Schwartz of Brooklyn, New York, finished in fourth place for $3,774,974. He is a professional gambler so he’ll owe self-employment tax on his winnings. He’ll also owe state and New York City income tax. His likely tax bite is $1,396,304 to the IRS and $387,966 to the New York Department of Tax & Finance.

Two Canadians finished in fifth and sixth place. Scott Montgomery of Perth, Ontario finished in fifth place for $3,096,768. The US-Canada tax treaty specifies that 30% of his win will be withheld to the IRS. Thus, $929,030 was withheld. Mr. Montgomery is a professional gambler so he will owe tax on his win to Revenue Canada. However, he will be able to take a credit on his Canadian tax return for the money withheld to the IRS. As Canada’s tax rate is 29% he likely won’t have to pay any additional funds to Revenue Canada. However, when provincial taxes are included the tax rate becomes 46.41%. Thus, Mr. Montgomery will owe tax in Canada: about $491,728 after the credit for the tax withheld to the IRS. [My thanks to the commenter who pointed out the impact of provincial taxes.]

The sixth place finisher was Darus Suharto of Toronto. Mr. Suharto is an accountant, so he won’t owe tax to Revenue Canada on his won. However, of the $2,418,562 he won, $725,569 was withheld per the US-Canada tax treaty. He may be able to claim a credit on his Canadian tax return for years to come based on this withheld money and eventually get it back.

The Franchise Tax Board (FTB) was rooting for David Rheem or Kelly Kim to finish in first place. These two Californians finished in seventh and eighth place, earning $1,772,650 and $1,288,217 respectively. Mr. Rheem will owe about $651,262 to the IRS and $170,302 to the FTB; Mr. Kim will owe about $470,995 to the IRS and $121,074 to the FTB.

Craig Marquis of Arlington, Texas finished in ninth place. He is also a professional gambler, and of the $900,670 he won he’ll have to fork over about $328,911 to the IRS.

Here’s a table summarizing the tax bite:

Amount won at Final Table $32,731,625
Tax to SKAT (Denmark) $6,660,545
US Tax Withheld to IRS $1,654,599
Add’l Tax Owed to IRS $4,416,422
Total Tax to IRS $6,071,021
Tax to State Taxation Service (Russia) $755,247
Tax to Revenue Canada $491,728
Tax to NY Dept of Tax and NYC $387,966
Tax to California FTB $291,376
Tax to Illinois Dept of Revenue $135,533
Total Taxes $14,793,416

That’s a total tax bite of 45.20%.

So congratulations to the winners. Just remember that a winner—perhaps the biggest winner of all—is the taxman. As we all know the house always wins.

Posted in Gambling | 6 Comments

And They’re Born Every Day…

Two tales of Bozo tax preparers came out at week’s end, and both come from Denver.

First, Kennedy Oduro liked to make sure his customers got refunds. He invented false deductions and credits, and saved his clients $283,000 in 2003 and $342,000 in 2004. There’s just one problem with that—inventing false items on a tax return is quite illegal. Mr. Oduro left the country before he could be arrested. When he returned last December he was arrested at O’Hare Airport in Chicago. He pleaded guilty in August to one count of willfully aiding and assisting the preparation of false federal income tax return. He was sentenced last week to a year and a day at ClubFed and must make restitution of $21,000.

What Mr. Oduro did as one tax preparer is what the government alleges an Aurora, Colorado company did en masse. Eight individuals who worked at Olympia Financial and Tax Services are accused in two indictments of 66 counts of violating various tax and fraud statutes. “They created false deductions to generate fraudulent refunds and we are determined to stop these tax refund schemes,” said Christopher M. Sigerson, Special Agent in Charge of the IRS-Criminal Investigation, Denver Field Office. The scheme involved $2 million in allegedly phony tax refund claims against the IRS and the Colorado Department of Revenue. The eight are looking at lengthy stays at ClubFed if found guilty of all counts.

If someone tells you something that sound too good to be true remember that it most likely is.

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Charger Finds His Way to ClubFed

It hasn’t been a good year for the San Diego Chargers. Their best defensive player, Shawne Merriman, is out for the year. They’ve struggled on offense. Yet their only one game out of first place.

For one former Charger it’s also been a very bad year. Benjamin Lee Coleman, an offensive lineman, played for the Chargers in 2000; his pro football career ran from 1993 to 2001.

Between 2005 and 2007 Mr. Coleman decided to borrow some money. There’s nothing wrong with that, but there’s a lot wrong when you obtain those loans using false information and other individuals’ social security numbers. It’s called fraud. And when you don’t pay taxes on the money you borrow (and then used for personal expenses) it’s called tax evasion.

Mr. Coleman pleaded guilty in December 2007. Last week he was sentenced to three years at ClubFed and must make restitution of $240,502.

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Schwarzenegger Proposes Big Sales Tax Increase

Governor Arnold Schwarzenegger proposed increasing California’s base sales tax from 7.25% to 8.75% to help close an $11 billion budget shortfall. If the measure passes the state legislature, Orange County’s sales tax would be 9.25%. The measure is billed as a “temporary” increase in the sales tax, but you and I know that temporary measures tend toward permanency.

The Governator also proposes other measures, including mandatory furlough without pay for state workers, adding an oil tax (on oil pumped from the ground), and adding the sales tax to additional items, such as veterinary services and tickets to sporting events. All told, the increases in taxes is supposed to bring in $4.7 billion in new revenue. The other $6 billion or so would come from budget cuts.

Republicans in the state legislature vow to block any new tax increases. Meanwhile, Democrats likely will attempt to block any cuts in services. Welcome to a repeat of the fiasco that occurred while the legislature debated the budget back in June through September and ultimately passed a “smoke and mirrors” budget.

Will California’s political leaders actually look at what is truly needed to permanently resolve this crisis? Looking at everything the state does, eliminating duplicative programs, and drastically changing how the state gets revenue? Well, do pigs fly?

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California Voters Haven’t Figured Out that Bonds Must be Paid Back

While the most hotly debated proposition on the California ballot was Proposition 8 (banning of gay marriage—it passed 52% to 48%) that was not the proposition with the biggest fiscal impact. There were billions of dollars of bond measures on the ballot. Unfortunately for your wallets, all but one passed.

Proposition 1A passed with 52% of the vote. $10 billion in bonds will be sold for high-speed rail. Ignoring the costs to run the system (and I think this will be a boondoggle) the bonds will cost $667 million a year to be paid back.

Proposition 2 passed with 63% of the vote. This measure will devastate egg ranches and livestock operations in California. Apparently the voters don’t understand that if this industry leaves, jobs leave and prices will go up.

Proposition 3 passed with 55% of the vote. $1 billion in bonds for children’s hospitals will be sold. It sounds so nice but just remember that as you pay higher taxes to pay back the interest.

Proposition 5 would have expanded treatment for drug offenders. This measure failed, garnering just 40% of the vote.

Proposition 6 would have increased law enforcement funding, and would have cost over $1 billion. Taxpayers in California do realize that such a non-bond measure impacts them. It received just 33% of the vote.

Proposition 7 would have mandated renewable energy use. This measure, opposed by almost everyone, received just 35% of the vote.

Proposition 10 would have issued billions in bonds for renewable energy. This is the only bond measure to have failed. Perhaps voters kept hearing the advertisements against Proposition 7 and figured that this should be voted down, too. It garnered just 40% of the vote.

Proposition 11 implements new redistricting for the state legislature. It appears to have passed, receiving 50.6% of the vote. This is one measure that I agree with as California’s legislature is completely dysfunctional.

Proposition 12 will cause the issuance of $900 million in bonds. It passed with 63% of the vote.

Measure J passed easily. This Orange County measure will require votes of the people if pension plans change. It received over 75% yes votes.

Measures R and S in Irvine passed. Each received over 60% yes votes.

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California Races

Unfortunately, it’s likely to be well past midnight before we know the results of the statewide propositions and the local ballot measures. I value my sleep, so I’ll be reporting on these on Wednesday.

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It’s Time to Watch Your Wallets

It now appears certain that Barack Obama will become the next President of the United States. Congratulations to him. It’s an historic occasion when race really doesn’t matter in electing a president. That said, it’s now time to ponder what this will mean for you and I vis-a-vis taxes.

First, I wrote a piece on what taxes would be like if Barack Obama were elected president. You may also want to read my overview on the two candidates, and the likely impact of Congress on your taxes.

Obama has said he would bring people together. However, his actions are very, very liberal. We will have a Congress where both the House and Senate are controlled by the Democrats (though it appears that Republicans will have enough votes to filibuster in the Senate). In the past, when this has occurred taxes have gone up.

The only saving grace is a bad economy. In the past, Democrats usually try to spend their way out of bad economies. When I was in school we were taught that Franklin Roosevelt’s policies—the New Deal—helped end the Great Depression. Economists now believe that they actually extended the Great Depression by seven years.

Perhaps President-Elect Obama will live up to what he said during the third presidential debate:

…what I’ve done throughout this campaign is to propose a net spending cut…. What I want to emphasize … is that I have been a strong proponent of pay-as- you-go. Every dollar that I’ve proposed, I’ve proposed an additional cut so that it matches. (Hat Tip: Volokh Conspiracy)

I’m not hopeful of this happening. He may want to, but I expect that the Democratic Congressional leaders want to spend, spend, spend. I hope I’m wrong. If I am I’ll happily post that.

Democrats may state that they have received “a mandate.” When I last checked the vote is 51% to 48% which is hardly a mandate. Indeed, the country remains nearly divided in half. I’m not going to point out the random factors that could have changed this race (I’ll leave that to political pundits). But when you hear the mandate meme, throw it away.

I suggest you start paying attention to the legislation very carefully. You can read the actual bills on the Library of Congress’ Thomas Site. Follow the legislation. It’s time to become the squeaky wheel.

So what should concerned taxpayers do? Let’s say that some particularly (in your view) onerous piece of legislation is introduced. The best way to combat bad legislation is to let your voice be heard. Call, write, or email your Congressman. If it’s an industry issue, have others in your industry do the same. Contact your trade association. Trust me, if a Congressman gets 2,000 phone calls or pieces of mail on what he thinks is routine legislation he will notice.

Forbes just ran an article stating that no matter who is elected president taxes will be going up. I think that’s definitely true. What I think may be worse is the additional regulatory burden placed on businesses.

This is yet another area where business owners need to become proactive. You may want to subscribe to the Federal Register’s daily email table of contents (the link is to the Federal Register; you can click on “sign up” to head to that page). Americans tend not to act until things become bad. Well, it’s far better to act before that occurs. Again, you and others impacted by proposed regulations need to be that squeaky wheel. If (or perhaps I should say when) you see a particularly onerous regulation being promulgated comment on the regulations. Let your Congressmen and Senators know of the problem.


Some of my friends have asked me what this will do for my business. Perversely, it will be a very good thing. Most professional preparers I know want a simple Tax Code. We’re not likely to see anything like that in the next four years. I’ll earn lots of fees utilizing methods that will save my clients taxes. That’s good for me (and other professional preparers) but bad overall for the economy. Basic economics teaches that a business will want to make a normal profit. If that business must spend more money on my services it will have less money for other things such as expansion, hiring additional employees, increasing salaries, etc. The next four years figure to be good for professional preparers.

Unfortunately, you will have to watch your wallets. Taxes are going up. The only question is how much.

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Remember to Vote

Today is Election Day, and that means you should exercise your privilege and vote. In California, you can go to the Secretary of State’s website to find your polling place.

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More Tax Fraud

There’s lots of fraud to report this week. Here are some more of the lowlights.

First, the Treasury Inspector General for Tax Administration (TIGTA) issued a report noting that over $1.6 billion in false refunds were estimated to have been issued in the 2006 and 2007 filing seasons. The IRS did intercept about $1.5 billion in fraudulent refunds during 2007. It’s a big problem, and the IRS acknowledges this. This report is also making news, and this will likely lead to Congressional pressure to intercept even more of the phony claims.

I’ve reported twice on Dr. Garland Miller. The former parish coroner for Sabine Parish, Louisiana kept two sets of books, embezzled from a local hospital, and then didn’t file tax returns. Earlier this year he was found guilty of tax evasion. This past week he was sentenced to four years at ClubFed and must make restitution of $55,471 to the hospital and $89,130 to the IRS (plus interest). Dr. Miller had purchased a publication from the discredited Save a Patriot Foundation that said that you didn’t have to pay income tax. He’ll have four years to find some better reading material.

Glenn Lockwood is a dentist in Kenai, Alaska. He was found guilty last week of four counts of tax evasion. He allegedly used those old favorites—sham trusts and phony tax shelters—to avoid income taxes. Add to that deductions for such things as $1,504 spent at Mabel’s House of Prostitution in Nevada, and clothing bought as uniforms at Dress Barn and a big and tall shop. (Yes, dental labcoats are deductible because they can’t be worn in normal wear but general clothing isn’t.) Dr. Lockwood will likely get to spend some time at ClubFed instead of Mabel’s.

And now let’s look at a Bozo tax preparer. Antonio Adams and Marla Wells thought up an interesting scheme. They recruited people to file false tax returns in Atlanta. They provided their helpers with a phony W-2 and then had them file returns using refund anticipation loans so they could quickly grab their share of the loot. Apparently Mr. Adams went to the bank with his clients, brandished a gun, and made sure that he got their share of the loot. Mr. Adams and Ms. Wells didn’t think this scheme through; sooner or later the IRS was going to attempt to match the W-2s and when they couldn’t an investigation would be opened. About $222,000 of fraudulent refunds made it through but the IRS did stop $60,000 once they realized what was occurring. Mr. Adams fled Georgia when charges were filed but was later apprehended by the US Marshal’s Service. He pleaded guilty, and will have 51 months at ClubFed to think things through. He must also make restitution of over $117,000.

Next, let’s head to North Tonawanda, New York. Gregory Fisher decided to just lie on his tax returns. From 2004 through 2006 he reported that he had lots of money withheld but didn’t owe that much in tax. The only trouble with that was he had nothing withheld. Sooner or later the IRS was bound to have a problem matching $1.3 million with $0. Mr. Fisher received $503,000 in false refunds. He also cheated a local car dealer out of $1.2 million, and the local police let the FBI & IRS know about the situation. Mr. Fisher pleaded guilty and will make restitution of about $2.1 million. He’ll be spending some time at ClubFed, too.

That’s a lot of fraud for one week. Do yourself a favor and remember if it sounds too good to be true it probably is.

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