Actors In Tax Trouble

Fresh off the Wesley Snipes case two actors are having their own tax troubles. Joe Kristan found this story about Joe Pesci. Mr. Pesci besides appearing in movies has his own production company with employees. The regulation involved states, “You must make deposits using EFTPS for all depository tax liabilities for the current year if you made more than $200,000 in aggregate deposits for all types of Federal depository taxes in the year two years before the current year or if you were required to make electronic deposits in the previous year.”

Mr. Pesci’s production company didn’t use EFTPS, and the penalties were upheld.

Meanwhile, actor Nicolas Cage will be fighting the IRS in Tax Court. The TaxProf Blog quotes a story in Forbes:

The IRS says movie star Nicolas Cage used a company he owns to wrongly write off $3.3 million in personal expenses, including limos, meals, gifts, travel and his Gulfstream 1159A turbojet. … The feds hit Cage both ways, denying Saturn a deduction for the disputed expenses while taxing Cage individually on the perks as salary and “constructive dividends.”

Cage’s business manager, Samuel J. Levin, says in an e-mail that the expenses were proper as “customary in the entertainment industry” and were partly based on the actor’s “security needs.”

Mr. Cage’s Tax Court case will probably not be heard for many months, with a decision possible in 2009.

Posted in IRS | Comments Off on Actors In Tax Trouble

The Wages of Sin

A New Jersey couple frequented Atlantic City, and enjoyed playing the slot machines. In 2004, they were “lucky” enough to win $208,420 in jackpots for which they received W-2Gs. The couple, though, didn’t include that income on their tax return as they had lost overall while gambling in 2004 and they used simple logic to determine that overall losers don’t have to include gambling income on their tax returns.

Unfortunately, that’s not the case. The couple’s return was examined (audited) and the IRS added the $208,420 as gambling income (and did allow an itemized deduction of the same amount). However, because their adjusted gross income (AGI) changed several deductions were disallowed or negatively impacted. They ended up having a tax deficiency of $4,190. They appealed to the U.S. Tax Court.

Unfortunately for the New Jersey couple, gambling income must be included as part of your income even if you’re an overall loser for the year. As the Court noted,

“The jackpots that petitioners received constitute gambling income. A taxpayer in the trade or business of gambling may deduct wagering losses to the extent allowable in computing adjusted gross income. A taxpayer who was not in the trade or business of gambling may deduct wagering losses only to the extent allowable as an itemized deduction to compute taxable income.”

The couple were not professional gamblers (they both had full-time employment) so the IRS was correct—the $208,420 must be included as income (though they do get an itemized deduction for their losses up to the amount of their wins, $208,420).

The IRS also attempted to impose a negligence penalty under §6662(a). The petitioners explained that they had been preparing their returns in this manner for years without any problems and that they felt that logically losers wouldn’t have any income. Luckily, the Court saw the logic in their remarks (though the couple is incorrect on the law).

So the New Jersey couple will have to pay the $4,190 but do not have to pay an additional $838 for negligence. This case shows the unfairness of the US Tax Code toward gamblers—the couple lost and their taxes went up. The wages of sin, I suppose.

Case: Dawson v. Commissioner, T.C. Summary 2008-17

Posted in Gambling | Comments Off on The Wages of Sin

Swallows Holding Decision Now Available

The Third Circuit Court of Appeals ruling in Swallows Holding, Ltd. v. Commissioner is now available online. The summary of the ruling is:

“This case, grounded in the principles of administrative law, requires that we review the validity of an Internal Revenue Service (IRS) regulation. The Tax Court, in considering this regulation, analyzed it under the factors provided in National Muffler Dealers Ass’n v. United States, 440 U.S. 472, 477 (1979), and concluded that the regulation was invalid. In coming to this conclusion, the Tax Court explained that the standard established in National Muffler had not been replaced by Chevron U.S.A., Inc. v. Natural Resources Defense Counsel, Inc., 467 U.S. 837 (1984), and that the result under either standard would be the same. We do not agree with the outcome reached by the Tax Court. We have determined that the result would not be the same under Chevron analysis as it would be under National Muffler and that the regulation here should be given Chevron deference.”

The TaxProf Blog has more.

Posted in IRS, Tax Court | Comments Off on Swallows Holding Decision Now Available

Foreign Taxpayers Better File on Time…

…or at least within 18 months of their due date. Why? IRS regulations hold that if a foreign corporation files after that date they cannot take any deductions.

Consider a hypothetical corporation, Foreign Company Ltd., which has US source gross income of $100,000, and “necessary and ordinary” deductions of $100,000 for $0 net income. However, Foreign Company Ltd. didn’t file. Under the IRS regulations, it’s taxed at up to 35% of $100,000 (plus penalties and interest, of course).

This doesn’t seem right, and the Tax Court agreed that these regulations were wrong in Swallows Holding, Ltd. v. Commissioner (126 T.C. No. 6). The IRS appealed to the Third Circuit Court of Appeals, and Tax Analysts is reporting (in an opinion that has yet to be released—I’ll post a link to the ruling when it’s released) that the appeals court has reversed the Tax Court.

The Tax Court decision notes that in a 1940 case the Fourth Circuit held that there’s no reference as to time in the then regulations. I’m not sure that the two cases are at odds with each other (the current regulation was issued in 1990), but if they are this would be the kind of case that the Supreme Court would be likely to take (resolving a difference between rulings between two different appeals courts).

In any case, if you’re a principal of a foreign entity with US source income you’re now on notice. If you don’t file the tax return within 18 months of the due date you won’t get to deduct anything.

Hat Tip: Roth Tax Updates

Posted in IRS | Comments Off on Foreign Taxpayers Better File on Time…

Fast Food Mogul to Sample 36 Months of ClubFed Cuisine

Karl James is the former president of Golden West Taco, Inc., one of the largest franchises of Taco Bell (which is based here in Irvine). Back in 2000 Golden West Taco went into Chapter 11 Bankruptcy protection. Yet Taco Bells were doing quite well at the time–remember that chihuahua?

There was a reason the company (and its owner, Karl James) went into bankruptcy. Mr. James “fraudulently diverted” (for the layman, read that as “stole”) about $3 million of company funds for his personal use. He transfered assets, including residences in the upscale communities of Rancho Santa Fe and Palm Springs to his nominees, used offshore companies with off the balance sheet accounts, and otherwise obfuscated the books. I should point out that these actions are considered bankruptcy fraud.

Mr. James went a step further. In transferring the assets from his company to himself he created income. And he didn’t report that income. In total, he deprived creditors of Golden West Taco of $1,121,829. He committed tax fraud to the tune of $1,169,957 . To his credit, he pleaded guilty and has agreed to make restitution (he’s already repaid $2,014,363).

However, he won’t be eating at Taco Bell for awhile. He’ll be spending three years at ClubFed followed by three years of supervised release. It’s a pretty big price to pay for tacos.

News Story: NBC San Diego

Posted in Tax Fraud | Comments Off on Fast Food Mogul to Sample 36 Months of ClubFed Cuisine

States of Opportunity

Last Tuesday, the Wall Street Journal ran an excellent editorial titled “States of Opportunity.”

“But one reason to conclude that taxes are also a motivator is because the eight states without an income tax are stealing talent from other states. They are Florida, Nevada, New Hampshire, South Dakota, Tennessee, Texas, Washington and Wyoming, and each one gained in net domestic migrants. Each one except Florida — which has sky-high property taxes on new homesteaders — also ranked in the top 12 of destination states.

“Politicians who think taxes don’t matter might want to explain the Dakotas. North Dakota ranked second worst in out-migration last year, while South Dakota ranked in the top 10 as a destination. The two are similar in most regards, with one large difference: North Dakota has an income tax and South Dakota doesn’t.”

The editorial also contrasts California, which has lost 1.5 million residents, with Nevada, which is booming. Perhaps our legislature will begin to think logically about this and start cutting taxes. And maybe pigs will fly….

Posted in California, Nevada | Comments Off on States of Opportunity

Legislature Approves $1 Billion in Cuts; $13.5 Billion to Go

California’s legislature sent a $1 billion bipartisan package of budget cuts to Governor Schwarzenegger; the Governator signed the package yesterday. The budget cuts will come primarily from school funding and from Medi-Cal (California’s medical program for low income individuals).

Yet Californians should carefully watch their wallets. Assembly Speaker Fabian Nunez (D-Los Angeles) wants the $13.5 billion shortfall to be balanced 50% from spending cuts and 50% from revenue increases. For those who aren’t in government, revenue increases are more commonly referred to as tax increases. Given California’s abysmal ranking as a state to do business, politicians in Sacramento should be talking about tax cuts instead of tax increases to balance the budget.

If California implements tax cuts, these might lead to more businesses locating in California and more tax revenue. But that’s thinking outside of the box, and the Democrats in control of the legislature in Sacramento rarely do that. Luckily for California’s taxpayers, the budget requires a 2/3 vote—Republicans in both houses must approve the budget balancing methods for it to pass into law. Expect a very contentious legislative session this Spring in Sacramento.

Posted in California | Comments Off on Legislature Approves $1 Billion in Cuts; $13.5 Billion to Go

Crack Tax Redux

New York is facing a budget shortfall this coming year. Governor Eliot Spitzer has an interesting idea about how to fill the gap: a crack tax. I’ve written about these taxes before. Many states have these taxes (21 at last count); however, they sometimes don’t survive the courts.

In any case, Governor Spitzer’s proposal is to tax marijuana $3.50/gram and cocaine $200.00/gram. The proposal is estimated to bring in $13 million if it is enacted into law.

That doesn’t seem certain. Jeffrion Aubry (D-Queens) vows to fight this “boneheaded” proposal. And given that it would only bring in $13 million, other revenue enhancers (or cuts in spending) will be needed to balance New York’s budget.

News Story: Washington Post

Posted in New York | Comments Off on Crack Tax Redux

One Last Electronic Filing Delay

If you are going to file Form 982 you will not be able to electronically file until March 3rd. Form 982 is the new form that allows taxpayers to not have to claim canceled home mortgage debt as income. You can submit a paper return with Form 982 today, though.

Hat Tip: Don’t Mess with Taxes

Posted in IRS | Comments Off on One Last Electronic Filing Delay

1031 Swaps for Vacation Homes

The IRS gave the go-ahead to §1031 exchanges for vacation homes. Do note there are significant restrictions. If you own a second home and are considering a §1031 exchange, make sure you follow the restrictions. Joe Kristan has the details on the IRS’ pronouncement (Revenue Ruling 2008-16).

Posted in IRS | Comments Off on 1031 Swaps for Vacation Homes