Another “Fun” Tax Year Shaping Up

November 10th is Saturday. That’s normally the day the IRS sends all of the forms and schedules to the printer. There’s a problem, though: Will Congress enact an AMT patch for 2007?

The House is scheduled to vote on a patch tomorrow. The Senate will likely take up the bill next week. However, President Bush is threatening to veto the legislation. Besides the AMT relief the measure extends 38 expiring tax provisions.

There are reasons why the President is threatening a veto. First, the bill has revenue offsets that the President doesn’t like. The measure would increase taxes on carried interest paid to financial managers and deferred compensation paid to some foreign hedge fund managers. Second, the bill would repeal the private debt collection efforts used by the IRS. President Bush is also upset that Congress has waited to the last minute to address AMT and other issues.

Remember how this year some deductions weren’t noted on the tax forms (e.g. the sales tax deduction), and that the IRS sent out a supplemental mailing? This also delayed refunds to those impacted by these tax breaks because the IRS had to reprogram their computers. Expect a similar situation this year.

I expect that eventually we’ll see an AMT patch that both Congress and the President can live with. The AMT impacts individuals in “Blue” states more than “Red” states. However, I expect some of the 38 tax breaks that need to be extended won’t be and will expire. And I won’t be shocked if President Bush does veto the initial legislation, and that Congress will then pass something the President would (and will) sign.

Hat Tip: TaxProf Blog

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Snipes Moves for a Change of Venue…Again

Back in September, Wesley Snipes, accused of filing a false claim for an income tax refund, asked for a change of venue for his trial. He preferred Manhattan to Ocala, Florida. He asked for the change because of travel time from nearby airports to Ocala and because he has a home in New York. Judge William Terrell Hodges denied the motion. Snipes had also earlier charged that his prosecution was racially motivated; the judge denied that and told snipes that it wasn’t racial. Rather, he’s being prosecuted because he’s famous.

Since then, Snipes has gotten a new attorney. But it’s back to the same old arguments; Snipes’ new attorney, Robert Bernhoft has asked for a change of venue (or alternatively, dismissal of the charges). Mr. Bernhoft complains that Ocala was selected because “…[prosecutors] deliberately chose the most racially discriminatory venue available to the government with the best possibility of an all-white southern jury where Snipes has never resided.”

Mr. Bernhoft’s charge of inherent racism in Ocala was met by skepticism by both a local prosecutor and a public defender. “That’s perhaps the most outrageous claim I’ve ever heard made in open court,” said Chief Assistant State Attorney Ric Ridgway. Chief Assistant Public Defender Bill Miller echoed Mr. Ridgway’s views, telling the Associated Press, “I’ve never filed such a motion in any of my cases. If I felt I needed to, I would have.”

Mr. Bernhoft hired a public relations firm to survey citizens in New York and Ocala. The AP noted that one of the questions asked was the views on the confederate flag. Not surprisingly, people in Ocala viewed the flag with more pride than people in New York. Given that Florida was part of the Confederacy, that shouldn’t be a shock.

Judge Hodges will eventually rule on the motion. Based on his previous decisions, I expect that the trial will open as scheduled early next year in Ocala.

AP story here

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Tax Professors: Kentucky Will Win

As I noted, yesterday the Supreme Court heard oral arguments in Kentucky Department of Revenue v. Davis. Today, the TaxProf Blog has the views of Professors Gregory Germain of Syracuse University and Bradley Joondeph of the University of Santa Clara. They both believe that Kentucky will prevail.

You can read their opinions here.

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Haas Formally Sentenced

Back in August, I told you the sorry tale of Gene Haas, former CEO of Haas Automation, Inc. Mr. Haas lost a court case and decided to get back at the judge by committing tax fraud. He became a two-time loser when his tax fraud scheme collapsed. In the end, he had agreed to pay the taxes, interest, penalties, and a $5 million fine (the total is about $75 million). Today he was officially sentenced to two years at ClubFed.

Had he just paid the judgment he lost (roughly $30 million) he would still be the CEO of a successful machine tool company. Instead, he’s out an additional $75 million and will serve two years at ClubFed.

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Two Weeks = California Taxes Owed

Suppose you’re an employee of a business in New York, and you reside in New York. You come to California on business for a convention and stay for ten days. Later, you visit relatives in California for a week. Did you realize that you owe California taxes?

Yes, that’s the law. If you’re not paying, you’re not alone. Most employers ignore out-of-state tax issues, and it’s very difficult for the Franchise Tax Board to go after employers in Nebraska (for example).

California’s rule is 14 days. Other states have different rules. There’s a bill in Congress to make the rule uniform throughout the United States and only allow states to tax out-of-state employees at 60 days. The AICPA has endorsed the bill; I like it, too. Unfortunately, the bill has only three co-sponsors and is unlikely to emerge from Congress quickly.

Hat tip: Tick Marks and Roth Tax Update

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Supreme Court Hears Arguments in Davis Case

The Supreme Court heard arguments in Kentucky Department of Revenue v. Davis today. The Scotusblog has a good discussion of the arguments that were made today.

The case, as I’ve mentioned before, is on whether or not states can favor their own municipal bonds and grant them tax-exempt status while not granting tax-exempt status for out-of-state municipal bonds.

A decision will likely not be announced until early in 2008.

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You Can Run, But You Can’t Hide

Robert Beale is the former CEO of a computer parts company. He believed that God, the US Constitution, and ‘tyrannical political societies’ were good reasons not to pay taxes. Tax authorities begged to differ, and alleged that he hid his salary from taxes by calling himself a “consultant.” He was arrested on five counts of tax evasion (allegedly evading taxes on $5.6 million) and one count of conspiracy to defraud the United States. He was released on bail with a trial date set in Minneapolis for August 2006. The trial, though, didn’t occur because of a difficulty: The accused didn’t show up. When that happened he became a fugitive.

The US Marshal’s Service tracked him down in Orlando, Florida. Mr. Beale was carrying a false passport and other phony identification. He’s had one count of failure to appear for his trial added to the list of charges he faces. He’ll have a bail hearing soon, though I suspect that the chance that he gets bail is zero. Eventually, he’ll find his way back to Minneapolis for trial. An associate has already been tried an sentenced to 43 months at ClubFed for tax evasion and aiding and abetting Mr. Beale; Mr. Beale is likely looking at a lengthy stay at ClubFed if convicted on the charges.

News Story: MSNBC

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Former Government Officials in Trouble

Two similar cases made the news on Wednesday; two government officials involved in tax trouble because of other crimes they are alleged to have committed.

First, from Huntsville, Alabama, a former director at the Redstone Arsenal is accused of taking kickbacks and has been charged with fraud, bribery, and tax evasion. Michael Cantrell is charged with taking $1.6 million in kickbacks according to US Attorney Alice Martin. “Cantrell corrupted his leadership position by taking $1.6 million in kickbacks to allow certain contractors to perpetrate a massive procurement fraud scheme,” according to Ms. Martin.

According to the AP report, Ms. Martin has said that Mr. Cantrell is cooperating with the investigation and that further arrests are expected. Mr. Cantrell faces one count of conspiracy to commit bribery, two counts of bribery and one count of personal income tax evasion. He faces up to 40 years at ClubFed plus fines and possible disgorgement of kickback proceeds.

Meanwhile, from Madison, Wisconsin comes the story of former Overture Center Director Robert D’Angelo. Mr. D’Angelo is accused of 15 charges of mail fraud, 15 charges of wire fraud, four charges of money laundering, and four charges of tax fraud. Trial has been set for February.

Mr. D’Angelo ran two side businesses while heading the Overture Center for the City of Madison. He allegedly ran the side businesses out of city offices (which would violate city policies), and allegedly ordered city employees to help him with his businesses. Additionally, he allegedly used the city’s telecommunications equipment in his businesses, and allegedly had city employees send emails and faxes for his side businesses.

Adding potential insult to injury, Mr. D’Angelo also allegedly didn’t report any of the income from his side businesses on his tax return (which would be tax fraud, if proven). Needless to say, he’s looking at a lengthy stay at ClubFed if he’s found guilty.

Here in Orange County we have our own fraud/kickback case making news. Sheriff Mike Carona has been accused of taking bribes and allegedly intimidating witnesses. No tax charges, though…at least for now.

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A Very Unrepentant Fraudster

In partnership with committed adult volunteers, girls develop qualities that will serve them all their lives, like leadership, strong values, social conscience, and conviction about their own potential and self-worth.

That’s straight from the website of the Girl Scouts of the USA, and there’s one former adult volunteer who will likely indeed be committed…to ClubFed.

Holly Barnes of Pace, Florida decided to commit tax fraud and claim some false tax refunds from the IRS. She needed some identities, and chose girls in her Girl Scout troop. She had them sign false medical release statements (which had a place for their social security numbers), and she had all she needed.

So she went on her Bozo scheme, and received $87,000 in tax refunds from the IRS. She continued to file false refund claims even after she was under investigation. Even being charged with 15 counts of identity theft and 19 counts of tax fraud didn’t stop her from trying to cash a check two days before her original hearing date! And shoplifting at the local Navy Exchange. That’s hubris, stupidity, or both.

Wednesday, Ms. Barnes pleaded guilty to all counts in a Pensacola, Florida courtroom. She asked to be released for a couple of days, but the judge had other ideas. “You received the benefit of the court’s trust with the understanding that you would not violate the law,” Judge Casey Rodgers told her. “It’s unfathomable to me … that what [the Assistant US Attorney] has represented to the court might have taken place.”

Assistant US Attorney Stephen Preisser told the Pensacola News-Journal “The long and short of it is Miss Barnes has violated the conditions of her release.” She also pleaded guilty to a new felony theft charge for shoplifting merchandise from the local Navy Exchange.

Ms. Barnes will be held until her sentencing in January. She faces up to 230 years at ClubFed.

News Stories: Pensacola News-Journal, Emerald Coast.com

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Michigan Businesses Aren’t Happy

How would you like to do business in a state where taxes are going up, yet your customers are leaving? And not only are tax rates rising, the state has implemented a tax on services. Welcome to Michigan.

Michigan’s new budget has a myriad of tax increases. As I earlier reported, the state income tax increased from 3.9% to 4.35% and the sales tax will now be imposed on services—that’s a 6% tax, plus the cost in time and money for businesses to comply with the tax.

The taxes were implemented to balance Michigan’s budget. Apparently the legislature in Michigan (and the state’s governor) haven’t heard about the Laffer curve. When tax rates decrease, tax revenues tend to increase.

Meanwhile, business owners in Michigan are fuming. The Detroit Free Press is reporting that Michigan business owners have begun collecting signatures to have a vote on repealing the new sales tax next November. Oakland (Michigan) County Executive L. Brooks Patterson told the Free Press, “The governor is not in a position to dictate. She’s not entitled to revenue neutrality. Spending is going up. They don’t need that much money here.”

Unfortunately, most state legislatures don’t believe in cutting spending to balance the budget. Sometimes it takes the people to remind the legislature who they serve. Perhaps Michigan residents will awaken. After all, it’s supposed to be government by the people, of the people, and for the people, not for the bureaucrats.

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