The “Tax Man” Heads to ClubFed

Sometimes you read a story and wonder how in the world it can be true. How can people be so gullible and how can someone do such a stupid scheme and expect to get away with it.

Robert Doyle of Oakland had an interesting means of making a living. He would ask random individuals he’d meet on the street if he could prepare their tax returns. He’d then do so, making up a phony return and then pocketing a goodly portion of the refund. (You didn’t think he’d make up a return with a large balance due, did you?). The “Tax Man” (yes, that was really his nickname) pleaded guilty to one count of filing a false tax return and will be sentenced this Fall to spend some time at ClubFed. Mr. Doyle practiced his trade from 2000 – 2005, so it’s likely that the loss to the government was quite substantial.

Meanwhile, Fatai Onevai of Pittsburg, California told his clientele that he could fix any and all IRS problems. And he did by a similar method—in total, he bilked the government out of $1.3 million. He pleaded guilty to one count of filing a false tax return and was sentenced in late June to 18 months at ClubFed.

As usual, if it sounds too good to be true it probably is.

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Attorneys Who Speak English Are a Good Idea in Court

Last year we covered the trial of Wisconsin dentist Frederick Kriemelmeyer. Dr. Kriemelmeyer argued at trial that the indictment was faulty because it was in English; that the American flag should not be in the courtroom; and that as long as some additional punctuation was added to a tax return the tax magically vanished. Unfortunately for Dr. Kriemelmeyer, the jury found that not reporting all of his income was what you and I would think it was—tax fraud—and the judge thought he was greedy and sentenced him to 36 months at ClubFed to take remedial English.

Dr. Kriemelmeyer appealed the verdict, and Joe Kristan reported this morning on the appeal. Joe quotes from the opinion:

[In 2002], his mother began frequently cashing checks made payable to cash at a local bank. Bank employees became suspicious of these deposits and notified the IRS, which investigated and in December 2004 executed a search warrant at his dental office. In March 2007 a grand jury returned an indictment charging that Kriemelmeyer’s 2000, 2002, 2003, and 2004 returns reported gross receipts substantially below his income. The IRS determined that he underreported his gross receipts by $392,023 in total for those four years, thus underpaying his taxes by $135,337.

As Joe also notes, the judge during the trial suggested that an attorney might be a good idea instead of someone who doesn’t like English; Dr. Kriemelmeyer declined.

There is actually a somewhat serious lesson to be learned from this case. Dr. Kriemelmeyer got caught because of a Suspicious Activity Report (SAR). The IRS regularly investigates these, and even small banks will send them to the IRS. If you have a choice between making several deposits of $3,000 or one larger deposit of (say) $12,000, it’s usually better to make the larger deposit and wait the 30 or so minutes while a Currency Transaction Report (CTR) is filed. Some of those are investigated, but not nearly as many CTRs are investigated as SARs.

Of course, it’s even better to not commit tax fraud. And if you do end up in a trial, get a competent attorney who understands that English is the language used in the United States—not some weird pseudo-English dialect.

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Rhode Island is the 18th

Rhode Island has joined 17 other states including California to mandate that state tax returns prepared by professionals be electronically filed. The mandate goes into effect in January.

Under Rhode Island’s new law individual taxpayers can opt-out of e-filing. Additionally, the mandate only applies to preparers who submitted 100 or more returns to Rhode Island. And returns that aren’t eligible for electronic filing (generally, certain complex returns) aren’t covered by the new law.

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If You’re Going to Hide the Cash, Don’t Keep a Logbook

Perhaps it was the holiday weekend, or perhaps it’s the start of summer, but the tax evaders weren’t that busy last week. Still, there are some amusing tales of evasion gone wrong.

First, we head to White Plains, New York. Yahezkel Elia and David Elyaho were accused of tax evasion. The IRS alleged that their business were far more profitable than they showed on their tax returns. And when the government found a logbook showing the 12,000 money orders that the two men used to conceal their true income the jury had no problem finding them guilty of tax evasion. Given that the evasion apparently involved millions of dollars the two men will likely soon be boarding at ClubFed.

Next, we journey to Mesa, Arizona. Last week John Stacey was indicted on tax evasion charges. The government alleges that he hid income and assets from his paving businesses by putting money into his mother’s bank account, using phony social security numbers and employer identification numbers, and filing false bankruptcy financial disclosure statements. That’s a trifecta of problems that could send Mr. Stacey to ClubFed if he’s found guilty.

Finally, Michael Kyereme won’t be scamming the City of Newark, New Jersey or Cisco Systems anymore. Mr. Kyereme pleaded guilty to mail fraud and tax evasion. Mr. Kyereme was a systems administrator for the City of Newark. When a Cisco part went bad he was supposed to use Cisco’s online “SMARTNet” system to order a replacement part, and then have the bad part shipped back to Cisco. He may have done that a couple of times. More often, though, he just ordered “replacement” parts so that he could sell them to another individual and pocketed the money. He would ship other less expensive parts back to Cisco.

The indictment shows that the loss to Cisco is estimated at $4,179,667. That alone is enough to get Mr. Kyereme a stay at ClubFed. But there was an additional problem: tax evasion. Mr. Kyereme profited from his nefarious dealings but didn’t report them on his tax returns. In 2006 his gains from this scheme totaled $1,242,483, or an additional $429,846 in tax.

Interestingly enough when Mr. Kyereme was taken into custody $3 million worth of Cisco equipment was found in his home and automobile. Mr. Kyereme remains out on bail until his sentencing later this Fall.

If you get a bright idea make sure it’s a legal one, and make sure you pay your taxes. It’s always a lot easier to pay them now then to find yourself paying them later…and possibly having to make a journey to ClubFed.

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This Will Go Over Well…

I’m not particularly familiar with the Australian Taxation Office and how they compare to the IRS. Yet I suspect that telling them, “Come and get me, you miserable bastards,” is not the way to their hearts. But that’s exactly what Australian actor Paul “Crocodile Dundee” Hogan said. The TaxProf Blog, AP, and Don’t Mess with Taxes have more.

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K-1 Extension Deadline Changes in 2009

One of the more vexing problem tax professionals have is preparing returns for individuals who have a partnership interest where the partnership extends the deadline for filing their K-1s. The extension currently is six months, so a partnership can legally mail out the K-1 on October 15th. How are you going to prepare a return on October 15th when the K-1 is in the mail? (The answer is you estimate the income, and then amend the return when the actual K-1 arrives. But this is, obviously, not the ideal solution.)

The IRS is making a change. Effective next year, the extension for partnerships and trusts will only be to September 15th, not October 15th. Joe Kristan has more.

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Congratulations, Chicago, You’re #1!

Today is July 1st and Chicago has earned a dubious distinction. The Windy City now has the highest sales tax rate in the country, 10.25%. The old “winner,” Memphis, has a 9.25% rate.

The sales tax will likely help suburban retailers of high-end items such as automobiles. Individuals contemplating a $30,000 purchase can save $900, a not insignificant amount, by shopping in DuPage County (7.25% sales tax rate) or $975 by going to Will or Lake County (7.00% sales tax rate).

People who can will vote with their spending dollars. Given the economic climate I’d hope voters in Cook County will remember who approved this increase and take out their anger at the polls. Of course, we’re talking about Chicago here….

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What’s a Lawsuit When You Face a Tax Fraud Case

That’s the question that Joe Francis, founder of Girls Gone Wild, must answer. Francis already faces tax charges; he’s accused of hiding income through the use of foreign accounts and over $20 million of improper deductions on his corporate tax returns.

So what’s another lawsuit? The Wynn Las Vegas Casino accuses Mr. Francis of not repaying $2 million of a $2.8 million loan. Mr. Francis is arguing that he has agreements so that he didn’t have to repay the loan.

No trial date has been set.

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Where’s Hyman Roth When You Need Him?

Last year I wrote about Naftali Tzi Weisz. Mr. Weisz is the Grand Rabbi of Spinka. He’ll also be standing trial in September charged with tax fraud. He’s accused of soliciting charitable donations but promising to refund most of the money—a scheme that’s definitely not kosher.

On Friday two alleged co-conspirators pleaded guilty. Joseph Roth, a Tel Aviv-based banker with United Mizrahi Bank pleaded guilty to conspiracy. And Rabbi Moshe Zigelman will plead guilty on Tuesday. Mr. Roth admitted that he established secret bank accounts overseas and helped repatriate the money to the United States. Rabbi Zigelman’s attorney told the Los Angeles Times “his client was ‘atoning for his own wrongdoing’ and would not testify against the other defendants.

Given the alleged size of the tax fraud—millions of dollars—Grand Rabbi Weisz is looking at a very lengthy term at ClubFed if convicted this Fall.

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Yet Another Strip Club Owner Ends Up at ClubFed

As I’ve said before it seems that strip club owners and tax evasion go together hand-and-hand.

Curt D. Kosow owned Bare Elegance, a gentlemen’s club in Pittsburgh’s “Strip District.” (No, I’m not making that up. The Pittsburgh Post-Gazette story uses that name.) He was tried for allegedly distributing cocaine (he was acquitted of that charge) but he was found guilty of failing to pay income taxes. He represented himself after going through 11 attorneys.

Mr. Kosow received some bad news during sentencing. His motion to reduce his sentence for diminished mental capacity was denied but his sentence was extended for obstructing justice during his trial. He’ll spend 41 months at ClubFed—but things could have been worse. Mr. Kosow attempted suicide at the end of the trial but survived.

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