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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Tax Fraud: The Food Edition

There was so much tax fraud reported this week that I’m writing two posts on it. Here I’m going to take a look at two frauds from restaurants and one from farming.

Let’s start in Freeport, Long Island, New York. Lynn Robinson was the owner of several McDonald’s in Nassau County. She thought that she deserved a break today so she decided not to remit sales taxes to New York. Back in June she was found guilty of various fraud and tax charges related to the scheme. She was sentenced to six months in prison followed by five years probation. She must also make restitution of $278,678 in taxes, penalties, and interest.

>From Everett, Washington comes the story of William Robertson. Mr. Robertson owned the Hot Rod Cafe. In the mid-1990s he withheld over $491,000 in payroll taxes but didn’t remit them to the IRS. Failing to remit trust fund taxes is a sure way to get in trouble. He pleaded guilty on Friday to tax evasion. Judge Richard Jones summed it up well stating, “You started a restaurant business and got into a tight squeeze and rather than dealing with it, tried to cover it up.” Because of Mr. Robertson’s poor health he was sentenced to eight months of home confinement. He must also make restitution of about $491,000.

Finally, leads head to Hillsborough County, Florida. Goodson Farms grows peppers. Its owners purchase federal crop insurance. Supposedly, they lost a lot of their crop and filed claims on their insurance. In due course, they received about $1 million. Sounds fair; after all, that’s what crop insurance is for. It would have been if their crop had been lost; however, they allegedly had harvested their crop and sold it. That’s insurance fraud if proved. Meanwhile, the owner of Goodson Farms, Janet Goodson, has pleaded guilty to filing a false tax return for 2005. The Tampa Tribune reports that Ms. Goodson has agreed to plead guilty later this month. She also faces a suit; the government is asking for a $500,000 fine, $1 million in restitution, and $1 million in criminal forfeiture. The owners of a second farm, D&K Farms, allegedly did the same scheme with their strawberry crop. They, too, reportedly will plead guilty in a couple of weeks. The owner of D&K, Darryl Williams and William Williams, also face a suit where the federal government is asking for a $500,000 fine, $402,471 in restitution, and $402,471 in criminal forfeiture.

In the end it’s a whole lot easier to just pay your taxes but some always like to have their cake and eat it too.

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He Gambled…And He Lost

Renato Medina used to own Lucky Chances, a Colma, California cardroom (poker club). Colma, which may have more tombstones than people, was the target of a federal corruption investigation. Mr. Medina was found to have been taking personal deductions on his corporate tax return. Last year he pleaded guilty to three counts of tax evasion. On Thursday he was ordered to serve fifteen months at ClubFed (per his plea agreement). He has already made restitution of $973,841. Mr. Medina no longer owns Lucky Chances (his sons own the cardroom).

What Mr. Medina did—taking personal deductions on his corporate return—is one of the more popular ways of cheating on taxes. The government knows this, and this is also one of their more popular areas in audits. Be aware of this if you’re tempted by following in Mr. Medina’s footsteps.

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