Be Thankful

At the end of the four-day Thanksgiving weekend we should ponder who we should give thanks to. Perhaps the following individuals—mainly from overseas—who have less to be thankful for.

We’ll start in Lucerne, Switzerland. I haven’t been keeping close tabs on the UBS scandal (a Swiss bank which allegedly hid funds for tax scofflaws) but I’m probably going to start. Shock of shocks, UBS has announced that, “…[We] have uncovered a limited number of cases of tax fraud under both U.S. and Swiss law,” according to UBS AG Chairman Peter Kurer. While the data hasn’t been forwarded to US authorities yet, I’m sure that the US indictment of Rauol Weil, head of UBS’ wealth management group, just might have played a part in the pursuit of tax fraud. Mr. Weil is accused of assisting thousands of Americans hiding their identities and accounts from the IRS and aiding in the filing of false income tax returns. I’ll keep you informed as more details emerge.

Next, let’s head to Israel where the Israel Tax Authority has a problem. “It is impossible to estimate tax evasion in Israel. I believe the lower the tax rates, the lower the amount of tax evasion,” said ITA head Yehuda Nasradishi to Haaretz. So what’s the solution? The ITA will now pay informers 20% of any fines collected when they inform on tax evaders. In case you’re wondering the IRS has a similar program, and American whistleblowers can receive up to 30% of the taxes and penalties collected.

A former New London, Connecticut attorney pleaded guilty to tax evasion last week. Gilbert Shasha understated his income in 1999. He reported $112,000 in gross receipts, but he understated his income by $223,000. Mr. Shasha will receive between 10 and 16 months at ClubFed and a fine of between $3,000 and $30,000. Well, math is hard…

So let’s be thankful we’re not a tax evader—and for our health, our families, and our friends.

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Blinders Here, Blinders There

The dysfunctional California legislature was unable to resolve the budget fiasco yesterday. Democrats proposed a plan that would have tripled the car tax and made a few symbolic budget cuts; Republicans refused to vote for it because they want a permanent measure mandating spending limitations.

The new legislature is sworn in next week. Unfortunately, I suspect that the only difference will be the names and Sacramento will be as dysfunctional as ever.

This is having an impact on California’s ability to sell bonds. Interestingly, the prices for bonds may imply that the state has a huge risk of bankruptcy. At least that’s what a British commentator has said.

And California isn’t the only state in such danger. Michigan, Nevada, and New Jersey are on the list, too. Let’s look at each in turn.

Michigan is likely on the list for two reasons: the troubles with the automobile industry and the state’s miserable business climate. The automobile industry dominates Michigan and there’s a real chance that the entire Big Three (GM, Ford, and Chrysler) will declare bankruptcy. There’s even a higher risk of huge job losses as these companies are going to have to restructure. Meanwhile, the government in Michigan raises taxes on all businesses—I’m sure that’s attracting lots of businesses to Michigan….

Nevada has hit a downturn, too. But there’s a big difference between Nevada and California. The legislature in the Silver State and Nevada’s Governor have reached an agreement on a short-term solution (though there appears to be some smoke and mirrors with that). And Democrats there appear to have some sense of fiscal reality. Steven Horsford (D-North Las Vegas), Nevada Senate Majority Leader told AP, “All of the options are very difficult choices…They hurt Nevada citizens in different ways, and none of the options are good ones. But we have to balance this budget in the short term.”

New Jersey has a huge crisis with its pension plan. “New Jersey’s pension fund has lost more than $23 billion this year, dropping to its lowest level since 2003 as a collapsing financial market battered its investments, a new state report shows…The latest losses — nearly $9 billion in October, and another $3 billion so far this month — mean the fund is now worth $57.8 billion, or less than half the $118 billion in benefits it is due to pay out over time.” New Jersey’s pension plan expects an 8.25% return in 2009 and one commentator bluntly said, “That simply is not going to happen.”

Indeed, pension problems are likely occurring in many states. New Jersey invested in the market. That’s great during upturns but not so good during downturns. How many other pension bombs are out there? I’m sure there are plenty.

It’s always better to confront your problems now than to wait until later. At least in Nevada they appear to be doing that. Here in California and in the swamplands of New Jersey the blinders remain on.

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2009 Mileage Rates

The IRS released the 2009 standard mileage rates today:

$0.55/mile for business
$0.24/mile for medical/moving
$0.14/mile for charity

Note that you should keep a written mileage log.

The current business mileage rate is $0.585/mile (it was $0.505/mile through June).

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Tax Payment Relief for Fire Victims

If you are a victim of the recent fires in Southern California, both the IRS and the Franchise Tax Board have given you an extension on tax payments. Both agencies said that impacted taxpayers who were required to make payments, returns, or other time-sensitive acts between November 13, 2008 and February 11, 2009, have until February 11, 2009 to make their payments. There will be no added penalties or interest for impacted taxpayers.

The IRS is also providing an extension for impacted taxpayers for payroll tax deposits due between November 13th and November 28th; those deposits must be made by November 28th.

FTB News Release
IRS Press Release

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Lots of Fraud Before Your Turkeys

With Thanksgiving coming this week many look forward to a short work-week. We do need to remember all the things that we should be thankful for—our families, our friends, our health, and our country. Here are some stories about individuals who have a little less to be thankful for.

Remember Aegis Trusts? They were the Palos Hills, Illinois purveyor of sham foreign trusts to shield income from the IRS. The trusts weren’t worth the paper they were printed on, and eventually the IRS caught on. Six individuals, including Michael Dowd of Glenview, Illinois, were convicted of various tax and fraud charges. Mr. Dowd was sentenced this past week to ten years at ClubFed.

Stanley Tollman used to be an executive at Tollman-Hundley Hotels. That entity managed Days Inns in the United States. Mr. Tollman allegedly had an interesting way to save for his retirement: He funneled income into foreign entities, but didn’t pay tax on that. He managed to avoid trial—he was indicted in 2002 but had just left the United States. On Friday he pleaded guilty on a videoconference link (he was in London, England) to a court in Manhattan. He’ll serve a single day of probation. However, Mr. Tollman will be paying $25 million immediately and will make annual payments of $16,018,728 plus interest for each of the next five years for the tax, penalties, and interest he owes. The government has dropped the indictment of Mrs. Tollman who had also been accused of tax fraud.

Seven individuals were sentenced in Valdosta, Georgia for a fuel tax credit fraud scheme. These individuals were involved in claiming that they used diesel fuel off of the highways (in a logging company)…but they didn’t. The logging businesses apparently never existed. The seven pleaded guilty, and with $3.2 million involved in the fraud some were lucky to escape ClubFed. Sentences ranged from home confinement to three years at ClubFed. The two alleged ringleaders, Clinton Basil Hughes and Pamela Hughes, have also pleaded guilty to $5.2 million of fraud. They have yet to be sentenced.

A scheme that’s been tried many times works just fine as long as the government doesn’t find out. Take a little bit of the revenue (preferably cash) and keep it off the company books and just somehow get it into your personal account. Unfortunately, once the government finds out that you’ve committed tax evasion problems do occur. Peter Lebsock, the former manager of Dos Gringos Trailer Park—a suburban Phoenix chan of Mexican restaurant—pleaded guilty to one count of tax evasion. He didn’t report $600,000 of income on his corporate tax returns from 2002 through 2005, and he left off $47,000 in tax on his personal returns for three years. He’ll be sentenced next February and could be spending some time at ClubFed.

Finally, American Boiler, Inc. of Stratford, Connecticut does what you think it would do. They service boilers. Industrial Property Management does what you’d expect, too. James McCarthy is a principal in both. Stavros Ganias is the owner of Taxes International in Wallingford, Connecticut. He prepared the books for Industrial Property Management. Allegedly they decided to divert $1,612,841.20 in money that American Boiler had received in work done for Industrial Property Management and used it for themselves and their families. And that income allegedly didn’t make it on their tax returns (it was supposedly reported as “loans paid”). That’s tax fraud, if proved, and that’s what the government is accusing Mr. McCarthy and Mr. Ganias of (along with two counts each of tax evasion). Given the amount of fraud allegedly involved, Mr. McCarthy and Mr. Ganias are looking at lengthy terms at ClubFed if they are convicted.

Do remember that if you think you’ve discovered a brand new way of evading taxes it’s likely that it’s anything but new, and the government has seen it before. It’s usually a whole lot easier to just pay your taxes now then to get in deep trouble later.

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On the Bozo Side of Things…

Lots of fraud this weekend. Let’s start with the Bozo side of tax fraud, with yet another Bozo preparer.

DaJuan Jackson was one of two preparers at a branch office of American Tax Associates in District Heights, Maryland. His methods helped his clients immensely—they added false information on clients’ returns to increase their refunds. That’s a crime, and Mr. Jackson was found guilty of eight counts of preparing false income tax returns. There is a bright side for Mr. Jackson: He was found not guilty on eight additional counts of preparing false tax returns. The jury couldn’t reach a verdict on eight other counts. Mr. Jackson will be sentenced next year and will likely be visiting ClubFed.

Terry Reed found an interesting method of increasing his income. Mr. Reed wasn’t making much; inmates make about $1 an hour. So Mr. Reed filed 23 false tax returns with the IRS and received $140,000 in refunds. He was caught, and he could get another ten years. It’s likely he’ll have to make restitution to the government. He could even be fined…and at $1 an hour it may take a long time to pay that fine.

I found another Californian with a tax blog. Bill Murray (no, not that Bill Murray) is a CPA in Sacramento. I found his blog which has a great name—April15.com—by accident; he linked to a story I ran earlier this month. But now on to the Bozo story. Mr. Murray is a former IRS Revenue Agent and he knows that every Revenue Agent’s tax return is examined (audited) every year. He’s not a Bozo. But Jim Liu appears to be. Mr. Liu, of nearby Diamond Bar, is accused of claiming a loss on a sale of an apartment complex when he actually made money. He allegedly provided false documents during an audit, and filed a false return. He faces charges of obstruction and tax fraud. As Mr. Murray said, “Since Agent Liu knew his returns were going to be audited, I just can’t see how he could be so stupid to claim a loss he didn’t have and then submit false documentation.”

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Omozee Sentenced

In August we wrote about Bozo accountant Henry Omozee. Mr. Omozee underreported his own income on his tax returns. Patrick Brown of the IRS emailed me to let me know that Mr. Omozee was sentenced to 27 months at ClubFed, followed by a year of supervised release. He must also make restitution of $82,430 and pay a $300 fine. I don’t know if Judge Brinkeman (who sentenced Mr. Omozee) said the usual morale, but I’ll remind everyone that it’s a whole lot easier to pay your tax in the first place.

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As the Budget Churns

California’s continuing budget crisis may be buried towards the back of newspapers but if you’re a Californian you should start paying attention. It looks pretty clear to me that some taxes are going to go up eventually.

Negotiators are debating tripling the car tax (which Republicans vehemently oppose), the sales tax (which Republicans oppose), and the income tax (which would likely need a popular vote and isn’t likely to be approved). In order for a tax increase to be allowed Republicans are demanding hard budget caps (which are both vehemently opposed by Democrats and that would have to be voted on by the public and would likely fail) and immediate deep budget cuts (which Democrats oppose).

Doesn’t this sound familiar? It should—it’s a repeat of the budget crunch from this summer. The difference is that the economy was neutral then and it’s now falling. Indeed, I think it’s going to be a while before California recovers and what the legislature does will have a big impact on when the recovery begins.

Consider how dreadful California’s business climate is. Additional taxes will only exacerbate the problems of the Bronze Golden State.

There are going to have to be deep budget cuts. What’s unknown right now is whether there will be additional tax increases or not, and if there are what shape they’ll take. Once again the operative phrase for Californians is to watch your wallets.

News Stories: Los Angeles Times, Sacramento Bee

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Rangel’s Tax Troubles Mount

Charles Rangel (D-NY) is the chairman of the powerful House Ways & Means Committee. All tax legislation is supposed to start in that committee. Congressman Rangel has been battling tax troubles over the past year.

His troubles have apparently worsened. Congressman Rangel owns a home in the District of Columbia. That’s not a surprise; many Congressmen and Senators buy homes in or near the District as they spend a lot of time in Washington. Congressman Rangel has taken the Homestead exemption on his DC property tax bill. This break cuts his DC property tax bill.

Congressman Rangel also owns a home in New York. That, too, isn’t a surprise; after all he represents the Empire State in Congress. His New York home is in Harlem (the area he represents) and he has taken the Homestead exemption on that property, too.

There’s a problem here: You can only take the Homestead exemption on your principle residence. You cannot, by definition, have two principle residences. Presumably his New York home is his principle residence and he shouldn’t have been taking the exemption on his DC property. Congressman Rangel likely owes back property taxes, interest, and penalties.

The New York Post writes about this today. As I mentioned it’s only the latest in a string of tax-related problems for the number one tax writer in Congress. Somehow this seems apropros….

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Fire Relief from the FTB

The Franchise Tax Board announced today that disaster relief is available to impacted taxpayers. Taxpayers who are amending their returns should write “Southern California Wildfires 2008” in red ink on the top of their return so that it is expedited. Impacted taxpayers can also get free copies of returns that were lost by filing Form 3516. Again, such taxpayers should write “Southern California Wildfires 2008” in red ink on the top of the form so that their request is correctly processed.

The Southern California fires involved are the Tea Fire in Santa Barbara County, the Sayre Fire in northern Los Angeles County, and the Freeway/Triangle Complex fire in Orange and Riverside Counties.

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