No Fooling: Light Posting for the Next Two Weeks

Other than my upcoming Bozo Tax Planning Series (which will begin later today), posting will be very light until after April 15th. I have lots of work in the in-basket, and not much time to get it all done. For it’s not fooling around to say that April 15th is just two weeks away.

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No Pole Tax in Texas

I’m not talking about a poll tax, but a pole tax as in strip clubs. Travis County (Texas) Judge Scott Jenkins ruled that the $5 admissions tax to Texas strip clubs was unconstitutional as a violation of freedom of expression under the First Amendment.

The sponsor of the legislation, State Representative Ellen Cohen (D-Houston) plans on reviving this “cutting-edge legislation.” As Joe Kristan noted on Roth Tax Updates given that the goal of this program was to tax an enterprise with a higher ratio of women who work in it, I’m sure that Rep. Cohen will look to add additional taxes to nursing, day care, teachers, and manicurists. Yeah, right….

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A Bit of Fraud

Another light week on the tax fraud front. But while it lacks depth, some of the cases are definitely amusing.

Three women in Maryland allegedly had a Bozo idea on how to make some money. Let’s get some inmates at the local prisons to give us their social security numbers, and then we’ll file phony returns on their behalf. What can go wrong?

Well, I can think of several felonies that the three committed. Unfortunately for our Bozo preparers the Postal Inspection Service, the IRS, and the FBI were not as amused by the scheme as I was. And since the Bozo preparers allegedly filed 101 claims totaling $365,599.41, the three are looking at lengthy terms at ClubFed if convicted on charges of mail fraud, conspiracy to defraud the US, and identity theft charges. You can read the press release on the indictment here.

Unfortunately, the three ladies in Maryland aren’t the only Bozos in the tax profession. Trumbauersville, Pennsylvania is a tiny town—less than 1,000 people reside in the borough. The town got some notoriety this week, though.

Eugene DiNatale, a councilman, runs an accounting business in nearby Rockledge. Mr. DinNatale and an associate, Chakawarn Sirirathasuk, found the old fashioned way to allegedly deprive the government of tax revenues. They allegedly collected employment taxes on behalf of their clients and kept the money rather than remitting it to the IRS. This is a scheme that almost never works, and one where the IRS and the Department of Justice go after every time it occurs. And the amount of the alleged money they kept wasn’t small: $4.9 million. Just for good measure the pair is also accused of overstating clients’ business expense deductions. Mr. DiNatale is looking at a very long term at ClubFed if convicted.

The final story comes from Saginaw, Michigan. Two brothers and a bank manager are accused of structuring transactions and tax evasion. The brothers filed tax returns from 2001 through 2005 showing incomes under $55,000 a year according to this news story but somehow managed to make “extravagant” purchases. And when their homes were raided in January 2006 the IRS found over $1.3 million. The bank manager is accused of aiding and abetting structuring. The brothers face multiple structuring and tax evasion charges. All are looking at relocating to ClubFed if found guilty.

My suggestion to everyone is if you think you’ve found a foolproof scheme to cheat Uncle Sam think again. Most schemes have been tried before and failed.

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Democrats Unhappy With Nevada Advertisements

Earlier this week I posted an advertisement from the Nevada Development Authority. The Los Angeles Times had an article today noting that Democrats in Sacramento are unhappy with the advertisements that portray California as a tax-happy state. Of course, Democrats in Sacramento are arguing for more taxes.

Somer Hollingsworth, President of the Authority, told the Times, “We can see what is going on in California as far as businesses are concerned…They’ve got workers’ comp issues, a $16.5-billion deficit, employee retirement funds that are out of whack.”

State Senator Mark Ridley-Thomas (D-Los Angeles) told the Times, “Businesses are here because they appreciate the powers of this economy…I suspect Nevada wishes it could be ranked as among one of the top economies in the world.”

Perhaps the Democrats in the Legislature would like to talk with some of my corporate clients who are again contemplating leaving the Bronze Golden State because of high taxes and too many regulations. Maybe Nevada won’t be the destination, but if California tries to close the deficit on the back of businesses other states will benefit. State Senator Ridley-Thomas is naive if he believes that taxes can increase forever without businesses reacting.

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Sometimes There Really Is A Free Lunch

Nevada’s constitution exempts food for human consumption. The Nevada Department of Taxation believed that Use Tax was owed on meals that were given out free of charge (either to employees or as complimentary meals to patrons); the Nugget Hotel in Sparks, Nevada thought that the plain language of the Nevada Constitution exempted such food from tax. The Nevada Supreme Court gave the answer earlier this week.

Use Tax is the equivalent of sales tax on items purchased from out-of-state where no sales tax is charged. For example, if you purchase a book on Amazon.com and are not charged sales tax and live in California, you are supposed to remit Use Tax to the Board of Equalization. The Nevada Department of Taxation believed that there’s no such thing as a free lunch, and that the Nugget owed Use Tax on the free food.

The Nevada Supreme Court disagreed.

“…[T]he Nugget’s initial purchases of unprepared food did not “escape” sales tax liability since Nevada’s constitution exempts such purchases from sales and use taxation. Indeed, Nevada’s constitutionally mandated food exemption applies to all “food for human consumption,” unless that food is “prepared food intended for immediate consumption.” Because the food at issue in this case was not “prepared food intended for immediate consumption” at the time it was purchased by the Nugget, the Nugget’s initial purchase was exempt from sales taxation. Furthermore, the Nugget’s later “use” of that food to prepare complimentary meals was not subject to use taxation since the Nugget’s “use” did not follow an otherwise taxable purchase that had “escaped” sales tax liability.”

So many Nevada casinos may be requesting tax refunds from the Nevada Department of Taxation. Nevada, too, has a state budget crisis. This ruling may exacerbate that a bit, but it does prove that sometimes there really is such a thing as a free lunch.

Hat Tip: TaxProf Blog

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The Wesley Snipes Tax Blog

Courtesy of the TaxProf Blog and Roth Tax Updates, I discover that NewsGroper.com has created a tongue-in-cheek Wesley Snipes Tax Blog. From that blog:

“n fact, we have a philosophy that separates us from all those other tax advisement companies who will just jerk you around… know full well, I don’t owe anybody any money. Ever.”

We’ll be starting our own series of Bozo tax tips on April 1st, but until then this parody blog should suffice. One note, though: The Wesley Snipes Tax Blog is definitely R-rated.

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We’re Number 4

Congratulations, California. The Tax Foundation released its list of when each state celebrates Tax Freedom Day. On average, it’s April 23rd. But not here in the Bronze Golden State. For us, it’s April 30th. What that means is from January 1st to April 30th you’re not really working for yourself; rather, you’ve been working for the government. On average, one-third of Californians income goes towards taxes.

Somehow California doesn’t rank #1. Yes, there are worse states for taxes:

1. Connecticut (May 8th)
2. New Jersey (May 7th)
3. New York (May 5th)
3A. District of Columbia (May 3rd)
4. California (April 30th)
5. Washington (April 29th)
6. Massachusetts (April 28th)
7. Maryland (April 28th)
8. Minnesota (April 27th)
9. Florida (April 26th)
10. Hawaii (April 26th)

There are a couple of surprises on this list: Florida and Washington, states without an income tax. The Tax Foundation looked at all taxes, including sales tax, property tax, and Washington state’s business tax.

There are some states where you’re almost working for yourself. Here are the top ten states in tax freedom:

50. Alaska (March 29th)
49. Mississippi (April 7th)
48. Montana (April 8th)
47. West Virginia (April 8th)
46. Alabama (April 9th)
45. Kentucky (April 10th)
44. Tennessee (April 11th)
43. Oklahoma (April 11th)
42. New Mexico (April 12th)
41. South Dakota (April 12th)

The press release for the Tax Foundation study is here. The only good news that I can see in the study is that Tax Freedom Day does come three days earlier in 2008 than in 2007…except in California.

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The IRS Enters the YouTube Age

Linda Stiff, Deputy Commissioner of the IRS, speaks to Americans that they may need to file a tax return in order to get the stimulus/rebate payment. Here’s the video:

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A Real Bozo “Tax Preparer”

I really am an Enrolled Agent. In fact, hanging on the wall behind me is my Certificate of Enrollment (and my license is in my wallet).

Do you believe that anyone would impersonate a Certified Public Accountant? And would then choose to specialize in serving law enforcement?

Given that I’m writing about it, you should know the answer. From Arvada, Colorado (suburban Denver) comes the story of Denise Smith. Ms. Smith was indicted by a Jefferson County grand jury of 50 counts for allegedly impersonating an accountant. She’s also alleged to have incorrectly increased the deductions for her clients, cheating the IRS and Colorado out of tax revenue.

Her scheme unraveled when a client received an audit notice which apparently led to the investigation. Besides the obvious moral of the story (choose a reputable tax preparer) the Bozo moral is that if you’re going to impersonate an accountant, choose clients who don’t have the power to arrest you.

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The Nevada Development Authority Strikes Again

With California having a $16 billion deficit, and the Democrats in California’s Legislature saying that the only solution to the problem is to increase taxes, it was only a matter of time until the Nevada Development Authority struck. Here’s their latest print advertisement:

My advice to the Democrats (and Republicans) in the Legislature: Increasing taxes will increase the Nevada Development Authority’s business.

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