Put Not Your Trust

I just finished re-reading Murder by the Book. Written in the 1950’s by Rex Stout, the Nero Wolfe novel deals with four deaths and what a certain book (“Put Not Your Trust”) has to do with them. If you’ve never read Stout, do so—he’s a wonderful author, and the books written many years ago are still eminently readable.

Coincidentally, two sham trusts crossed my email in-basket this evening. From Kenai, Alaska comes yet another dentist who allegedly decided that a sham trust was a good way to cut his taxes. Here’s the alleged scheme according to the Department of Justice.

The accused, Glenn Lockwood, formed a professional corporation. No problem so far. Then he allegedly contracted his services to an Irish company. That company allegedly leased his services to a Nevada company which, in turn, allegedly leased his services back to his own corporation. Of course, the money took a much more convoluted path, with offshore accounts, Nevada real estate development, and sham trusts supposedly thrown into the mix. The DOJ alleges that the loss to the Treasury is $575,000 for tax years 2000-2003. Mr. Lockwood will face four counts of tax evasion, and is looking at ClubFed if found guilty.

Meanwhile, in North Carolina, the DOJ has filed a civil lawsuit accusing two men of creating sham trusts to help customers evade taxes. The accused, Alexander Klosek and Bryan Noel, allegedly targeted wealthy and elderly individuals and attempted to get them to sell their homes and other major assets into sham trusts. It appears to be a pretty big alleged crime; the DOJ estimates the loss to the Treasury at $55 million. The DOJ has asked for an injunction to stop the individuals from selling any more trusts. And you can be fairly certain that a request for their customer list will soon follow so that the IRS can send a heartwarming “Dear Valued Taxpayer” letter to Klosek’s and Noel’s customers.

In the end, the best kinds of sham trusts are the ones you read about in novels. They cost you $5.95 or so for a paperback. The crimes described above, if proved, could lead to much larger penalties.

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Western Tax Service Raises Its Head…Again

In February 2006, I wrote about the “end of the sage” for Western Tax Service. Western Tax Service, for those who don’t remember, had inventive but illegal methods for getting refunds for its’ clients: phony deductions for employee business expenses, false charitable deductions, fake deductions for tax payments, and other similar shenanigans. Back then, Samuel Joseph DeAngelo pleaded guilty to defrauding the IRS and aiding and assisting in the filing of false tax returns.

Mr. DeAngelo was finally sentenced on Monday. He received 51 months at ClubFed. Also sentenced on Monday was Erin Cordes, another tax preparer for Western; Cordes received one year of probation. Joe Shields will be sentenced in mid-October.

By the way, the total tax revenue lost to the US government in the Western Tax Service scam was $15,458,732. That’s a lot of fraud.

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Never Too Old for Fraud

I am rarely surprised when I write about tax crime. I remember reading on Fark about a 91 year old bank robber with the headline never too old to steal. Today’s subject is a little younger, but still one of our senior citizens.

Well, let’s head to North Platte, Nebraska. Thomas Miller is a retired dentist in North Platte. He also has some annuities and pensions (which isn’t unusual). But his tax returns painted a somewhat different story.

According to this article, in 1998 he allegedly reported a tax loss of $1.6 million…but it should have been zero. In 1999, he reported a loss of $22,730 but he should have reported over $369,000 in pension and annuity income. He was indicted for this, and for reporting tax losses in 2001 and 2002 when the government believes that none should have been reported.

But it gets worse. Mr. Miller also faces charges of mail fraud, wire fraud, money laundering and swindling for allegedly taking $1.3 million in investor’s money, putting it in accounts in Grenada, and then allegedly sending the money elsewhere overseas for his own use.

Mr. Miller pleaded guilty to two counts of tax fraud on September 4th. He still appears to be facing the other charges with a court date in October.

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Renaissance Refugee Targeted

At least three times I’ve written about Renaissance, the Tax People. The company, now out of business, was a multi-level marketing firm that promoted deducting personal expenses as business expenses. The latter is why they’re out of business, with the principals finding their way to ClubFed.

Thell G. Prueitt of Kingsland, Texas used to be at Renaissance. After that company dissolved, he set up shop at several other companies. The US Government alleges that Mr. Prueitt is promoting the same schemes as used at Renaissance, and the government is suing to bar him from preparing tax returns. The DOJ alleges that Mr. Prueitt’s materials, “…have falsely claimed that customers could convert non-deductible personal expenses into deductible business expenses and be ‘audit proof.'”

My old advice stands about any tax scheme that you come across: If it sounds too good to be true, it probably is.

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Adult Businesses & Taxes

The Houston Chronicle has an interesting article about US Attorneys using the tax laws to go after adult business owners.

Pornography, excuse me, adult businesses, are not liked by the government. Back in 2005, then US Attorney General Alberto Gonzales set up a task force targeting the industry. As the article notes, the tax laws are being used where anti-pornography laws can’t.

Businesses in industries that have lots of cash have always been targets of the IRS. This is definitely the case for the adult entertainment industry. I’ve written in the past about cases against strip club owners. Based on the Chronicle article, I’ll have plenty more to write about in the future.

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Bozo IRS Agent Busted

Bohdan Senyszyn worked for the IRS in Paterson, New Jersey. He audited mid to large-sized businesses. Mr. Senyszyn also holds a CPA license.

Then things went wrong. In 1992, Mr. Senyszyn agreed to help a New Jersey real estate developer hide income. Not content with one crime, Mr. Senyszyn then embezzled money from the real estate developer, evaded taxes on his own return (by failing to report the embezzled income), and committed bank fraud by obtaining a loan under false pretenses. He got the loan because his business had “income” of $175,000 based on “revenues” of $350,000. The real numbers were $0 and $0.

Mr. Senyszyn pleaded guilty this past week to tax evasion and bank fraud charges, and given the $762,000 loss to the treasury, he’s looking at an extended stay at ClubFed.

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2.75% or 30.6%?

I’m a native of Chicago. It’s a great city, and has every kind of attraction you can think of. It’s also the home to the best baseball team in the world (unfortunately, they usually don’t have a good record).

But Chicago may become a much more taxing place to visit or shop. Currently, the sales tax in Cook County (Chicago and nearby suburbs) is 9.00%. That doesn’t appear to be large enough to Cook County Commissioners.

Cook County Commissioner Joan Murphy told Leah Hope of WLS-TV, “We just need to do something other than cut jobs if we want to maintain services to our residents.” What’s the something she proposes? A sales tax increase from 9% to between 11% and 11.75%. That’s somewhere between a 22.2% increase and a 30.6% increase.

Apparently, Ms. Murphy thinks the tax increase is a done deal. She told Ms. Hope, “The sales tax is going up 2 ¾ percent. That’s not a back-breaking increase.”

Well, a 30.6% increase may not be back-breaking, but that’s a huge increase. I’m sure local businesses—especially those where individuals have options to shop elsewhere—will feel the difference. Wheaton, in nearby DuPage County, has a sales tax rate of 7.75%. A 4% difference will likely cause some shoppers to patronize other stores. Likewise, Joliet in Will County has a 7.75% rate.

The proposal must go through public hearings, and votes by the commissioners before being implemented. Needless to say, if you live in Cook County, this is something you may want to raise your voice about…or you will likely find things 30% more expensive.

News Story Here

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Another One Bites the Dust

Back in 2005 I wrote about Derivium Capital. They were under investigation by the IRS & FTB for making loans that converted capital gains to nothing! for tax purposes. A great scheme, if you can get away with it.

Well, the Department of Justice filed suit to stop the scheme. The defendants are Derivium Capital, LLC, Derivium Capital (USA) Inc., and Veridia Solutions LLC. Four individuals were named in the suit. The DOJ is asking for a permanent injunction to stop the loans; the lawsuit claims that the scheme has cost the US Treasury over $230 million.

Though Derivium is in bankruptcy, the lawsuit alleges that the individuals involved are still trying to peddle the loans. My advice from back in September 2005 was if it sounds too good to be true, it probably is. In this case, not only are the defendants in trouble, but if you happen to have “bought” a Derivium loan, or are considering buying one today, you will have problems with the IRS.

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Air Snipes Grounded

Wesley Snipes lost his latest battle in federal court this past week. He had asked that his trial be moved from Ocala, Florida, to New York City. Snipes is accused of attempting to obtain a fraudulent $12 million tax refund.

The judge, though, was unmoved. Judge William Terrell Hodges wrote, “While the Ocala courthouse is not located in the immediate vicinity of a major airport, it is within one hour and a half driving distance from two international airports, (Tampa and Orlando), and is within a 45-minute driving distance from Gainesville Regional Airport, which has regular direct flights to and from Atlanta and Miami…As the government points out, these driving times are only slightly longer and, on some occasions may even be less, than the congested commute from New York airports to downtown Manhattan.”

Snipes also asked for the move because he has a home in New York. But the judge pointed out that he has a home in Orlando, which is just to the south of Ocala. The judge also noted that Snipes “…is an affluent individual…” who can afford the travel costs.

And while the probable jury pool in central Florida wasn’t listed as an argument in both sides’ briefs, you can bet that Snipes felt that he would likely have a better chance in Manhattan than in Ocala, Florida. So the media circus will descend on bucolic Ocala in October when Wesley Snipes will face the government.

News Story: St. Petersburg Times

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Studying Abroad, Taxes, and Poker

A reader asks,

“I’m currently studying in undergraduate university in the U.S., where I hold my only citizenship. I was thinking about studying abroad, probably in Australia. I was thinking about going from around Jan.1-December 31st of 2009, or from Sept.1 08-Sept.09. I receive financial aid grants from the university/government(?), but the school financial office says those are never taxed the way they do it, so presumably it’s a non-issue for Australian as well as U.S. tax. I think if I study abroad everything is billed to my U.S. university account which is where the grants are credited to. So while in Australia I might want to focus on poker, both live and online. I was wondering what kind of liability I’d be looking at, I’m guessing I could get the U.S. exemption if I am there for the whole year as long as my income is less than ~82k? And after reading my understanding is that it’s unclear but unlikely that people have liability for poker in Australia. If you can help elucidate the rough idea for the situation I’d be in I would greatly appreciate it.”

There are several things you need to consider. First, Australia only taxes professional gamblers. So if you’re not a professional gambler, your gambling income will not be taxed by Australia. However, if you are a professional gambler, and if you were required to pay Australian income tax, you would have to pay income tax on the gambling. (I don’t know anything about whether your scholarships would be taxable in Australia; your university can probably answer that question. I also do not know if full-time students are exempt from Australian income tax.)

As a US citizen, you must file tax returns each year, whether you reside in the US or Australia. When you write about the “U.S. exemption,” I assume you mean the foreign earned income exclusion. That will pose a problem for you, as gambling income is not considered earned income, and only earned income is eligible for the exclusion. (There are other requirements in order to take the foreign earned income exclusion.)

Now, a professional gambler living abroad (one who files a Schedule C) can take the foreign earned income exclusion ($85,700 in 2007). However, a professional gambler must pay self-employment tax on his net gambling income.

So without knowing more about your entire situation, it appears on the surface that you are not a professional gambler (as you are a full-time student). Thus, your gambling winnings will remain taxable whether you are studying here or in Australia.

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