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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It’s Not Wise to be a Bozo

Two more Bozo tax preparers won’t be harming consumers any more. Let’s just say up front that the methods used weren’t wise.

First, we’ll head to Union City, Georgia. Majalai Wisdom prepared plenty of tax returns from 2000-2004.Me And her clients got lots of refunds (and gave her back $500 – $1500 in cash from each refund they received). Of course, the fact that Ms. Wisdom made up her own W-2s for clients using nonexistent employers, added phony exemptions and credits, including children who had nothing to do with the taxpayer. Now, perhaps if she used just one of those methods she wouldn’t have gotten caught. However, sooner or later the IRS computers would wonder why Joe Taxpayer showed income from Acme but Acme never filed its W-3 with the government. Ms. Wisdom was sentenced to 30 months at ClubFed.

Meanwhile, the proprietor of Melba’s Tax Service in Batesville, Arkansas will soon be at ClubFed. Melba Nelia Lopez pleaded guilty to two counts of preparing false tax returns. Ms. Lopez appears to have also added phony items to clients’ returns causing the government a loss of about $95,000. She’ll be sentenced later this year.

And what will likely happen to users of Ms. Wisdom or Ms. Lopez? Their clients will soon be receiving “Dear Soon to be Audited Taxpayer” letters (if they haven’t already received them). Remember, if it sounds too good to be true it probably is.

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Hurry Up and Wait

Last week the House of Representatives passed an AMT patch for 2008. That patch contained offsets (tax increases) which doom it in the Senate. Further, President Bush promises a veto if it somehow manages to make it out of Congress.

Eventually, Congress will pass a patch which doesn’t contain offsets. Will it be in September or November? I think we’re looking at a replay of 2007 and November is optimistic.

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We Get Questions on Gambling and Taxes

Question 1.

“Good afternoon Russ,

“I am a regular [poker] player online and I was wondering the policy in the state of California? Is there a certain amount and above that needs to be reported on your taxes? Since the money comes in overseas is there even a policy?”

The US Tax Code is quite explicit about gambling income: it’s taxable. And whatever the source–US or foreign–all income is taxable unless Congress explicitly exempts it.

California taxes start with the Adjusted Gross Income from your US tax return. The only gambling income exempted on a California tax return is California lottery winnings.

Either report it or you are committing tax evasion.

Question 2.

“Hello, sir:

I AM 73 YEARS OLD AND WON A $1700.00 $1.00 TRIFECTA. I RECEIVED A W2-G FORM from Churchill Downs Racetrack but i don’t know what or where to go with it.

The Form shows that no money has been withdrawn yet from the Winings. i understand that the Law states that in horseracing, a person owes taxes if the winnings are 300 times the wager. Therefore, if I played a $1.00 Trifectsa( I bet $36.00) i am liable. Right?

If so, my friend, what do I do now? I pay NO TAXES currently. The only money taken out of my check is a $93 amount for Medicare.

Can you please tell me how to proceed? I DO appreciate your help.”

First, you owe tax on all gambling winnings whether or not you receive a W-2G. Your gambling winnings go on line 21 of Form 1040 (other income). You can deduct losses up to the amount of your winnings as an itemized deduction on Schedule A.

It sounds like your only other income is Social Security. Assuming that the $1700 is your only gambling winnings of 2008, you almost certainly won’t have to pay income tax on your winnings–your Social Security won’t be taxed and with just $1700 of income you won’t owe any income tax. However, if you have other significant gambling winnings your Social Security could be taxed.

Question 3.

“I reside in New York City, and am planning on moving to Thailand at year-end and will be a professional gambler. I understand that if I’m out of the US for 330 days out of 365 I’m eligible for the Earned Income Exclusion.”

So far so good….

“My question is how can I avoid New York taxes? How can New York tax me when I’m going to be a resident of Bangkok?”

At this point, cue Murray Head and One Night in Bangkok. Now that we have the appropriate theme in the background, here’s the answer: Because they can.

Seriously, every US citizen is considered a resident of a US state or territory. You have a domicile (residency) in that state. Until you establish a domicile in another US state or territory you are considered a resident of whatever state you currently reside in. The toughest states in enforcing this are New York and California; both routinely conduct residency audits.

You may wish to consider first establishing residency in a state with no income tax, such as Texas, Florida, or Nevada, before moving to Thailand. You would need to sever your ties with New York and establish ties with your new state. You should stay in your new state for several months so that you truly become a resident of your new state.


Just a reminder: This opinion is limited to the one or more Federal tax issues addressed in the opinion. Additional issues may exist that could affect the Federal tax treatment of the transaction or matter that is the subject of this opinion and the opinion does not consider or provide a conclusion with respect to any additional issues. With respect to any significant Federal tax issues outside the limited scope of this opinion, the article was not written, and cannot be used by the taxpayer for the purpose of avoiding penalties that may be imposed on the taxpayer.

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Mileage Rates Increase

The IRS announced today that mileage rates will increase on July 1st. The new business mileage rate is $0.585/mile (up from $0.505/mile); the new medical and moving mileage rate is $0.27/mile (up from $0.19/mile). The charitable mileage rate is unchanged—it is set by a statute at $0.14/mile and Congress must change it.

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Praise the Lord and Go to Jail

Suckers are born every day, and so are the people out to fleece them. I’ve reported in the past on Aegis Corporation, a now defunct Chicago-based vendor of offshore trusts. The former owner of Aegis is spending 30 months at ClubFed.

But that’s not to say that Aegis wasn’t successful marketing their trusts. They were, though many of the purchasers wish that weren’t the case. Four men from South Dakota purchased an Aegis trust, and then used the trust to shelter income away from the prying eyes of the IRS…for a while.

Eventually, though, the IRS found the trust and saw that it was as phony as a $3 bill. One of the men is a pastor, Jon Bowers of Junction City, South Dakota; the other three are his brothers, Kurt, James, and Kent. All four have been sentenced to terms at ClubFed ranging from ten to 36 months. Jon and James have repaid the IRS the $1.2 million in tax, penalties, and interest that they owe; Kent has repaid $297,000 but still owes $450,000; and Kurt has repaid $317,000 but owes $1.6 million additional in tax, penalties, and interest. Kent, James, and Jon also were fined between $10,000 and $50,000.

As a reminder, if it sounds too good to be true it probably is. If someone tells you that there’s a legal way to hide money from the IRS in an offshore trust, do yourself a favor and run, don’t walk, anywhere else.

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Completing the Circle

Last year I reported on Circle Industries, the Alpharetta, Georgia based international construction company. The father and son owners conspired with their bookkeeper to deduct personal expenses on their business return, including things like visits to Atlanta’s Gold Club, an adult entertainment facility.

Well, this past week the owners found out their fate. Gerald Marchelletta Sr. received 27 months at ClubFed, his son Gerald Marchelletta Jr. received 36 months, and their bookkeeper, Theresa Kottwitz, got 24 months. Additionally, the firm, which has already made “substantial restitution” according to this news report must fully pay back the IRS. Finally, each of the Marchallettas must pay a $50,000 fine.

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Federal Tax Fraud: The Users Guide, Part 2

As a published author I know that finding the right title for a book can be a difficult task. My writing partner and I struggled with the title for our first book while for our second book we chose the title and then wrote the book.

Last November I detailed the indictment handed down to Bernard Bagdis and ten other individuals. Mr. Bagdis had allegedly boasted to IRS criminal investigators that he was going to write a new book called Federal Tax Fraud: The Users Guide. Mr. Bagdis may have a lot of time to work on his book—he faces 35 felony charges.

On Wednesday another individual was arrested allegedly because of this scheme. Wayne Bozeman, a West Chester, Pennsylvania attorney was charged with conspiracy to defraud the IRS and other related charges. The government alleges that Mr. Bozeman took money from a company he ran, deposited it into the account of another company he controlled, and then used the funds for personal expenses. The government alleges that Mr. Bozeman evaded $157,000 in tax on $830,000 of income.

Meanwhile, Mr. Bagdis and his alleged co-conspirators were also indicted on new charges yesterday. Mr. Bagdis is now alleged to have also prepared a false tax return for Mr. Bozeman.

Seven of the original ten co-conspirators have pleaded guilty and are cooperating with the government according to this story in the Philadelphia Daily News.
Peter Scuderi, Mr. Bagdis’ attorney, told the Daily News “My client’s position is he’s done nothing wrong. There’s a defense to everything.” Only time will tell what kind of an ending is written to Mr. Bagdis’ book.

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Ask Your Attorney and Accountant and Then Act

Joe Kristan has an excellent post this morning on why your first should talk to your business attorney and accountant and then act on a change to your business entity. If you act first you may very well end up having tax troubles.

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