Father Son Fraud

This past February, Roy Albert Lewis, a Danville, California dentist, was sentenced to two years at ClubFed for hiding $300,000 over ten years. This past week, it was his father’s turn.

Leroy Albert Lewis is an oral surgeon, but his medical career likely came to an end last week. He pleaded guilty in May to one count of tax fraud. He was sentenced to two years at ClubFed, plus he must make restitution of $909,527. Leroy Albert Lewis is the father of Roy Albert Lewis.

His attorney said that the elder Mr. Lewis suffered from “hubris and greed.” Both Lewises fell victim to secret offshore bank account scheme operated by Tower Executive Resources, Ltd. Joe Kristan reported on Tower back in 2006; Paul Harris, the promoter of Tower, was sentenced to five years at ClubFed. The scheme made the payments look like they were for consulting services. They weren’t; it was simple tax fraud.

The younger Mr. Lewis is doing his time in ClubFed in Lompoc. It’s quite possible that the elder Mr. Lewis will soon be in a neighboring bunk.

News Story: San Francisco Chronicle

Posted in Tax Fraud | Comments Off on Father Son Fraud

Another Strip Club, Another Jail Term

Last year, I wrote about James Andrew Yeager. Mr. Yeager operated a strip club in Columbia, Missouri. Strip clubs are a cash business, and Mr. Yeager decided that he needn’t report all the cash as income. He pleaded guilty last year to tax evasion.

Last week, he found out his sentence: 21 months at ClubFed, and restitution of $140,543 plus paying additional back taxes of $36,732.

The strip club, Club Vogue, is still in operation. The news story from last year said he owned the club; this year’s story makes that unclear. If Mr. Yeager is the owner, the US government may soon own a strip club (seizing the assets to pay the back taxes).

So if you are a strip club owner, may I recommend—as I have before—that you pay your taxes. Cash income is taxable….

Posted in Tax Evasion | Tagged | Comments Off on Another Strip Club, Another Jail Term

Faulty Language or Not, Guilty as Charged

Yesterday I wrote about Dr. Frederick Kriemelmeyer, a dentist in LaCrosse, Wisconsin. Dr. Kriemelmeyer was found guilty today of three counts of filing false tax returns. He’ll be sentenced on October 30th. Given that the testimony in the trial ended today, the jury didn’t need much time in deciding the verdicts.

And that appears to be understandable, unlike Dr. Kriemelmeyer’s use of the English language. As I noted yesterday, Dr. Kriemelmeyer believes in David Wynn Miller’s dialect, “In the Truth.” He doesn’t believe that our current American flag is valid. He doesn’t believe that our Tax Code is valid.

Based on federal sentencing guidelines, Dr. Kriemelmeyer is looking at 27-33 months at ClubFed. And no use of language such as this, “FOR THE EDUCATIONAL-CORRECTIONS OF THE MODIFYING-COMMUNICATIONS ARE WITH THESE CLAIMS OF THE FICTIONAL-ADVERB-VERB-USURY WITH THE OPERATIONS/METHODS OF A FICTIONAL-MODIFICATION-LANGUAGE,” will lessen his sentence. (That quote was taken from Mr. Miller’s website.) And if he tries to lecture a judge in using the English language, I won’t be shocked to see him getting the maximum term of 9 years (3 years per count) plus restitution.

Posted in Tax Fraud | Comments Off on Faulty Language or Not, Guilty as Charged

“English Is a Fraudulently Conveyed Language”

If you are wondering about the headline, so am I. But it’s a quote out of the trial of one Frederick Kriemelmeyer, a dentist in LaCrosse, Wisconsin. Dr. Kriemelmeyer is accused of four counts of tax evasion.

As the LaCrosse Tribune reported, Dr. Kriemelmeyer is a believer in David Wynn Miller. Miller does not use standard English; instead, he used a dialect he invented called “In the Truth.” It’s got a lot of capital letters, prepositional phrases, and not much in the way of punctuation. You can see samples by going to Mr. Miller’s website.

In any case, Dr. Kriemelmeyer challenged the indictment because it was in English—our English. That didn’t work (the judge let the indictment stand). The dentist challenged the US flag in the courtroom. No, I’m not joking about that. He didn’t win that argument.

David Wynn Miller believes that if you add extra punctuation to a tax return, you will somehow not have to pay taxes. At least, that’s what I think he espouses. Dr. Kriemelmeyer is a follower of Mr. Miller, and is conducting his own defense.

The government plans on having 15 of Dr. Kriemelmeyer’s patients testify as to how much they paid him. The government alleges that if there was an asterisk by a patient’s fees in Dr. Kriemelmeyer’s ledger, the actual payment was much higher. For example, $20* meant that the patient paid $100. If the government proves that, they’ve proved the case. The total tax evasion is alleged to be about $364,000.

The trial will likely last another few days.

Posted in Tax Fraud | Comments Off on “English Is a Fraudulently Conveyed Language”

A Tax, A Compact, A Battle

Today in San Diego a federal judge will hear arguments in a case between the Rincon Indian tribe and the State of California. The battle is over whether or not California negotiated in good faith over a compact with the Indian tribe for more slot machines for the Rincon Indian’s casino (north of San Diego).

An expert from the state estimated that the 500 additional slot machines proposed for the tribe’s casino would bring in just under $40 million a year. The tribe argues that California wanted about $38 million of that as the fee for the allowing the additional slot machines. The tribe argues that the state did not negotiate in good faith, and that the $38 million would be a “tax” rather than a fee.

On the other hand, California argues that they have negotiated in good faith; that they have reached agreements with numerous other tribes, including the neighboring Paula tribe; and that the additional machines would bring in money for the Rincon tribe.

A decision will likely be announced in a few weeks.

News Story: Here.

Posted in California, Gambling | Comments Off on A Tax, A Compact, A Battle

Muffled

Later this week I need to bring my car in for service. The auto repair shop I use is on the up-and-up. However, not all of them are. Today, the Tax Court looked at a Colorado muffler shop which apparently decided to use the Cook/Schulz method of tax preparation. The results weren’t pretty.

Colorado Mufflers Unlimited, Inc. is exactly what you’d think: a muffler shop in Colorado. Back in 2000, they decided to start paying their employees in cash. That’s not necessarily a problem. But they didn’t withhold anything from their employees’ wages, didn’t issue W-2s, didn’t file Form 941 (or Form 940), and claimed that their employees weren’t employees. The IRS disagreed, and audited the business, found that they were employees, and that the company owed about $100,000 in back employment taxes. The company took the case to Tax Court.

Adding to the company’s problems was the fact that they requested a refund of employment taxes for early 2000 (they stopped paying them in the middle of the year) and they received an $88,000 refund in early 2001. The IRS filed a court case to get back the refund (there’s nothing in the case that notes how that case went).

The company also lacked good timing; they filed court papers late, and their filings were not allowed. That was their first strike.

Second, the testimony showed that the “employees” were paid by the hour, week, or month—not by the job. In other words, they looked like employees.

Not only that but:

“Petitioner’s behavior during the audit and the pretrial preparation of this case was characterized by a consistent lack of cooperation and by considerable obfuscation designed to prevent respondent from ascertaining the facts regarding petitioner’s business, business payroll, and workers. It appears that petitioner used fictitious names and/or other companies to hide the nature and extent of its business activity from respondent during the years at issue.”

That was strike two.

Then the Court looked to see whether an employer/employee relationship existed by evaluating seven factors. The Court found that all of the factors favored an employment relationship. Needless to say, the Court concluded, “After reviewing the record and weighing the factors, we conclude that petitioner has failed to prove that respondent’s determination treating the workers as petitioner’s employees was in error.” That was strike three, and the case went to the IRS.

And the Court was not amused with the company’s obfuscation and use of “frivolous or groundless” tactics. Even though the IRS did not ask for a penalty under §6673(a)(1), the Court imposed one of $3,000.

Case: Colorado Mufflers Unlimited, Inc. v. Commissioner, T.C. Memo 2007-222

Posted in Tax Court, Tax Fraud | Comments Off on Muffled

2007-2008 IRS Priority Guidance Issued; Poker Still on the List

Today, the IRS issued its 2007-2008 Priority Guidance Plan. These are the major issues the IRS expects to complete during the year. There are 303 items on the list.

Poker tournaments remain on the IRS’ radar screen. Like the previous two Priority Guidance Plans, one of the 303 projects is issuing a revenue procedure regarding the withholding rules for poker tournaments.

Other items on the list that appear interesting include:
– Guidance on the treatment of wrap fees;
– Guidance under section 263A regarding the treatment of post-production costs, such as sales-based royalties;
– Revenue procedure under section 6213 regarding internet and oral change of address requests;
– Guidance under section 6676 regarding the penalty for erroneous claims for refund; and
– Guidance under section 6694, as amended, regarding the penalty for understatements of taxpayer’s liability by tax return preparers.

There’s plenty more, especially in technical guidance issues. I’ll point out (as I did last year) that many of these 303 items will not be addressed by the IRS during the coming twelve months.

Posted in IRS | Comments Off on 2007-2008 IRS Priority Guidance Issued; Poker Still on the List

More than a Pinch of Fraud

While I’ve been gone for the last two weeks, I collected many stories about tax fraud. Here are just a few of them (if I included all of them, it would fill many pages of this blog).

Two members of a former Florida advertising agency pleaded guilty to conspiracy in a $1.5 million tax fraud. Michael and Michelle Cragan created bogus invoices, with the money mainly going to a third individual, Douglas Haase. Unfortunately for all concerned, the phony invoices were included on the business’ tax return. And with Mr. Haase receiving $1.5 million that wasn’t included on his tax return, we’re not talking peanuts here. Mr. Haase previously pleaded guilty. All are looking at spending time at ClubFed when sentenced (plus restitution).

>From Dickson City, Pennsylvania comes the story of Thomas Winnicki and his company Keystone Employee Benefits, Inc. He was in the employee leasing business. So far, so good. His clients paid him over $1 million for employment taxes that he was supposed to remit to the government. But when the business was going through a downturn, he used the $1 million for personal expenses rather than turning it over to the IRS. He pleaded guilty, and will be spending 18 months at ClubFed, and must make restitution of the over $1 million. The $100 “special assessment” he must also pay is the least of his worries.

A father-daughter team is accused of not paying taxes on $3.1 million of income. From Holmdel, New Jersey comes the tale of Anthony Ambrosia and his daughter, Lisa Derosa. The pair allegedly set up bank accounts in the names of children and other family members, and moved over $3.1 million into these accounts. They’re also accused of “structuring,” deliberately making deposits under the $10,000 federal currency transaction reporting limit. Mr. Ambrosia allegedly made numerous $9,500 deposits. His bank warned him about this, but he allegedly continued doing this. I suspect that the bank issues a Suspicious Activity Report (this isn’t mentioned in the news story but appears to be a reasonable conclusion), and the IRS and DOJ followed-up and discovered the alleged misdoings. If convicted, both Mr. Ambrosia and Ms. Derosa are looking at lengthy terms at ClubFed.

Finally, two tax “gurus” won’t be peddling their wares any time soon. I earlier reported about the convictions of Wade and Laura Cook. Wade Cook received 88 months—that’s 7 years, 4 months—at ClubFed. As Joe Kristan reported,

“Mr. Cook doesn’t seem to expect to appear before Judge Zilly again anytime soon:

Asked afterward to comment on the outcome, Cook remarked, “I’m not going to tell you that this judge is an a**hole. I’m not going to say that.”

Good thing he showed so much restraint.”

Joe also told the story of “We The People.” Robert Schulz had been enjoined from providing a tax scheme that caused employees and employers to not withhold from wages. Additionally, the “We The People” webpage must display the injunction. As of now, it doesn’t. Of course, expecting a member of the tax protester movement to comply with a ruling that would put him out of business (it’s hard to sell a product when the first thing potential clients would see on your webpage is an injunction against selling that product) isn’t a good bet. One last point: If you happened to be a customer of “We The People,” expect a visit from the IRS in your future. “We The People” is required to turn over its customer list to the government.

So it was not a good week to be a fraudster. And it was an especially bad week for tax protesters, as two of their champions discovered that there is an income tax, and you must pay it.

Posted in Tax Fraud | Comments Off on More than a Pinch of Fraud

Not a Good Week for Bozo Tax Preparers

There are good tax preparers, bad tax preparers, and bozo tax preparers. There have been two recent stories about the latter group—tax preparers, please don’t copy their methods.

>From San Jose, California, comes the story of Melinda Newens. The former Jackson-Hewitt employee had a neat method of making sure she had a profitable year: she increased the deductions on her clients’ tax returns, adding phony deductions. She did this to increase her fees, as she took fees from the refunds (that’s a violation of ethics rules). In any case, her scheme collapsed when the IRS found out about it. The loss to the Treasury was over $1 million. Ms. Newens received two years at ClubFed, and has been barred from being a tax professional in the future.

Harold Hunter used to be a tax preparer in Stanton, Mississippi. He’ll soon be a ClubFed resident (for ten months). Mr. Hunter was kind to his clients; he, too, invented fraudulent deductions for his clients’ returns. He pleaded guilty last year and was just sentenced. As part of his plea agreement, he will also no longer be a professional tax preparer.

Posted in Tax Fraud, Tax Preparation | Tagged | Comments Off on Not a Good Week for Bozo Tax Preparers

No Progress on the Budget

I’ve been gone for two weeks (one week on vacation, one week in Florida on business), and California’s budget situation is unchanged. The GOP wants a balanced budget, an agreement that Attorney General Jerry Brown won’t sue developers over global warming issues. Democrats aren’t budging, hoping that they can convince two GOP State Senators to change their positions. Otherwise, the budget is anything but balanced.

Meanwhile, the Los Angeles Times proclaims in an editorial, “You’ve Already Won, GOP.” The Times states that the budget approved by the Assembly is a win for the GOP. It is, when compared with the original Democratic proposal.

But overall, wouldn’t it be in California’s best interest to have an actual balanced budget, and an Attorney General who helped California’s economy grow rather than to use resources on wasteful lawsuits? California, in my opinion, needs a budget that’s good for all of the state’s residents, including our children (and grandchildren); they are the ones who will be paying back the debt we have been racking up over the past decade. It’s time for California to bite the bullet and balance the budget.

For those of you who wish to hear more on this, the Exchange Club of Irvine will be hosting State Senator Tom Harmon (R-Huntington Beach) this Tuesday. Join us at noon at the Irvine Marriott (19000 Von Karman, just south of the 405 Freeway); I’m sure the budget impasse will be front and center in Senator Harmon’s talk. If you are coming, please send me an email so that we can have enough seats for our visitors.

Posted in California | Comments Off on No Progress on the Budget