Some Fraud from the Weekend

There was quite a bit of tax fraud at week’s end. Indeed, I had to liberally weed out the stories so the ones below are the cream of the crop, so to speak.

First, we have another alleged Bozo tax preparer. Julius Nyamweya Kiage says he’s a certified public accountant. Mr. Kiage has had an accounting practice called J.K. Accounting & Co. PLLC in Brooklyn Park, Minnesota. Yet Mr. Kiage is not listed as a CPA in Minnesota, Iowa, or Wisconsin.

While the IRS is accusing Mr. Kiage of false advertising that’s not their biggest beef. Rather, the IRS noticed that the returns prepared by Mr. Kiage have “exaggerated or fraudulent claims related to education credits, individual retirement account deductions, education credits and charitable contributions.” Mr. Kiage has not been charged; the IRS at this point is investigating and has seized computer records and files from Mr. Kiage’s office. The IRS told a court (to obtain a subpoena) that Mr. Kiage prepared 1,843 returns over the last two years that resulted in refunds of $4.7 million. The investigation began as a result of a tip.


Robert P. Peebles of St. Helena, California had a problem that most of us would like to have. He was trustee of his 96-year old aunt’s $5 million trust. He allegedly decided to set up his own $4 million trust funded from his aunt’s trust, to be repaid with annual payments.

His attorney allegedly told him that he would have to report his trust to the IRS and Connecticut (his aunt was a Connecticut resident) on estate tax returns. So he fired his attorney.

He then hired two accountants to prepare the estate tax returns. But somehow he failed to tell the accountants about his trust (the IRS alleges it was deliberate; Mr. Peebles claims it was an oversight and the accountants didn’t ask about it).

The IRS accuses Mr. Peebles of lying to IRS investigators under oath, various tax laws, and mail fraud. He was arraigned in Connecticut and has been released on bail.

And yes, if you do transfer $4 million into your own trust from that of your late aunt you do need to report it on the estate tax returns.

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Illegal Income Is Taxable

One of the questions that comes up from time to time is whether you have to pay tax on illegal income. After all, do thieves really report their thefts to the IRS? I usually remind those questioning this that Al Capone went to prison for tax evasion, not for the murders he committed.

What brought this up is a story from Rogers, Arkansas. Douglas Haase was an employee of Kraft/Nabisco. He thought up an almost perfect plan. He would submit fake expense reports to two conspirators in Florida, and they in turn would send checks through a sports management firm so that he could pay off his personal credit cards. And this wasn’t a small amount of money—Mr. Haase apparently received $1.5 million from this scheme. Mr. Haase will have three years to think about this while at ClubFed. He also has to pay a $150,000 fine.

So if you decide to go into a life of crime, just remember to set aside some of your ill-gotten gains to pay your taxes.

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Three More Sentenced in Evanson Case

Three CPAs will be joining attorney Dennis Evanson at ClubFed. Reed Barker of Littleton, Colorado got 18 months, Brent Metcalf of Cottonwood Heights, Utah, received 24 months, while Stephen Peterson of Coalville, Utah received 35 months. Additionally, Barker must make restitution of $167,608 while Peterson was ordered to forfeit $1,166,884.

All were convicted of various tax related charges in a scheme to help businesses and individuals evade about $20 million in taxes. Earlier, Evanson received ten years at ClubFed.

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Another Week, No Progress for California’s Budget

Frankly, the headline is all you need to know about the situation in Sacramento. Republicans announced a budget plan that had no new taxes; their plan was condemned by Democrats. Yet Democrats haven’t proposed anything acceptable to Republicans. So the stalemate continues, and eventually the two sides will talk to each other. But not yet….

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Not A Good Week for Tax Protesters

This past week wasn’t a good one for tax protesters. Irwin Schiff, who is 80-years old, is spending 13 years at ClubFed in Terre Haute, Indiana. Well, make that 13 years and 11 months—those additional 11 months a result of his sentence for 15 contempt charges he received during his trial.

Meanwhile, Wade Cook was taken into custody to begin serving his seven-year sentence for tax fraud charges. His wife is still serving her sentence for obstruction but is due to be released in January.

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Labor Day Payroll Tax Fraud

I’ve said this before but it bears repeating—especially on Labor Day. If you want to get in trouble with the IRS either withhold payroll taxes and don’t remit them to the IRS or pay your employees under the table (thus not being in compliance with trust fund taxes). Either method starts you quickly on the road to ClubFed.

Thomas Carbo of Wayne, Pennsylvania did the latter. He decided to improve his business’ profitability by paying his employees under the table. He did temporarily save on his payroll tax expense…until he was caught. He ended up defrauding the government out of $168,000.

He was apparently caught as a result of a kickback scheme in nearby Norristown. His business appears to have been a Norristown vendor. The government subpoenaed his records but he didn’t comply with the subpoena; he’s accused of destroying the records instead. The government then investigated, looked at his bank records, and then discovered the tax fraud.

Mr. Carbo has pleaded guilty to one count of conspiracy to defraud and 17 counts of failing to collect and submit the payroll taxes. While he faces up to 90 years in prison and a fine of up to $4.5 million, federal sentencing guidelines suggest he’ll receive a little over two years at ClubFed.

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UCI Identity Theft Leads to Texas

Earlier this year officials at the nearby University of California, Irvine announced that about 1,100 student identities were stolen by Texas-based United Healthcare. Now several individuals have been indicted for filing phony tax returns using these students identities (and others).

The indictments were handed down by a federal grand jury in Sherman, Texas. Those indicted, Christopher Chiota of Dallas, Kennedy Mpezini of McKinney, Gilbert Gotoro of Irving, Tendeka Daniel Parirenyatwa of Richardson, Michael Thomas Jr., of Irving, and Kudzai Mangoma all face charges of fraud and identity theft. The indicted allegedly filed returns for 163 UCI students after starting a phony tax preparation business and setting up relationships with several banks.

The problem for the individuals who filed returns for the UCI students was that sooner or later some of the students would file their own returns. Once that happened the scheme was certain to be investigated. UCI police along with criminal investigators from the IRS, Department of Justice and Texas law authorities are still investigating and it’s likely that further charges are forthcoming.

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Interest Rate Changes

While interest on underpayments to the IRS will increase to 6% from 5% in the third quarter, interest on underpayments to California will fall from 7% to 5% as of January 1st. Corporate underpayment interest in California will fall from 3% to 2% as of January 1st.

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No Progress on the California Budget Front

Another week and there’s absolutely no progress on the California budget front. Republicans won’t vote for anything with a tax increase and Democrats won’t vote for anything without a tax increase. The latest Republican proposal (which has major budget cuts and some borrowing from the state lottery) was derided by Assembly Speaker Karen Bass (D-Los Angeles) as a “…blueprint for economic disaster.”

Needless to say, I don’t expect any progress in the near future. Meanwhile, payments to state vendors will likely stop sometime in late September.

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IRS Suspends ISO AMT Through September 30th

The IRS announced last week that they would suspend collection of the Alternative Minimum Tax (AMT) on incentive stock options (ISOs) through September 30th. Senator Charles Grassley (R-IA) believes that legislation will clear Congress by month-end to reduce the tax burden on Americans impacted by the ISO AMT.

Personally, I remain very skeptical about any meaningful legislation getting through Congress. However, I sure hope it does pass as the ISO AMT is an insidious tax.

Hat Tip: TaxProf Blog

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