A Graduate of Western Tax Service?

The Western Tax Service method of preparing tax returns is different. Customers love the high refunds. Of course, the deductions claimed on Schedule A were almost all either false or overinflated. Did I mention that Western’s proprietor is at ClubFed and will also have to serve time in California?

The Department of Justice is alleging that a Washington, D.C. tax preparer followed the Western Tax Service method. Donald Roberts ran X-Press Refund Tax Service and has been indicted on one count of conspiracy and 22 counts of assisting in the preparation of false tax returns. Mr. Roberts allegedly overstated Schedule A deductions such as charitable contributions and unreimbursed employee business expenses. He’s also accused of using incorrect filing statuses and phony education credits on returns.

Mr. Roberts is looking at an extended stay at ClubFed if he’s found guilty on all charges. By the way, if you happen to have used X-Press Refund Tax Service, you will likely be audited as the IRS will undoubtedly be looking to have the bad returns corrected.

DOJ Press Release

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Typos Count

I used to reside in Tulare County, located in California’s Central Valley. It’s prime agricultural land. It’s also one of the poorest counties in California. And the county will need to find $327,000.

The Dinuba Redevelopment Agency is funded through property taxes paid by various businesses in Dinuba. Unfortunately, the Tulare County Assessor misclassified some businesses in 1998. The error was discovered in 2004, and corrected. The Dinuba Redevelopment Agency asked that the error be fixed retroactively (so that the agency would receive $327,000); the county refused.

Dinuba took the case to court, and lost in Tulare County Superior Court. They appealed, and won at the 5th District Court of Appeals. Tulare County then appealed to the California Supreme Court; that court upheld the appeals court decision.

So it is important to check your property tax bills…both for the counties sending them to taxpayers and for taxpayers receiving them.

News Story: Tulare Advance-Register

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It’s July 19th and There’s Still No Budget

In nine days I go on vacation. I think it’s even money as to whether or not California has a budget before I leave.

Of course, California is supposed to have a budget signed by June 30th, but that deadline is rarely met. However, it appears that progress is being made…lubricated by wine.

The Sacramento Bee reports that Assembly Speaker Fabian Nunez has used wine to help Democratic and Republican leaders to come to an agreement. Even though the Democrats control both houses of California’s legislature, they must get Republican votes in order to pass a budget—the budget must pass by a 2/3 vote. Republican leaders want an end (or, at a minimum, a drastic cut) to California’s $1.5 billion operating deficit.

Democrats don’t want to forgo cost-of-living increases in social programs. Republicans want a balanced budget and cuts in spending. Something has got to give eventually. Already, staff workers in Sacramento have missed a paycheck.

There’s one other factor that figures into the budget stalemate: California’s revenues are $800 million under projections. The housing slump and the Central Valley freeze (which greatly impacts agriculture) are probably the two biggest culprits here. In any case, this also doesn’t bode well for the future. California will likely face a $5 billion budget shortfall next year.

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A Patently Good Idea

Congress is actually doing something smart. According to the TaxProf Blog, the House Judiciary Committee approved a proposal prohibiting patents of tax planning methods.

I’m amazed that Congress is actually doing something intelligent.

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Neteller Settles

Somehow it’s fitting on the day that the World Series of Poker champion is crowned that we find out that Neteller, the beleaguered Internet payment processor, has settled with the U.S. Department of Justice. According to the press release that Neteller issued:

  • Neteller will forfeit $136 million to the US (inclusive of $60 million that the US seized from Neteller transactions earlier);
  • US customers will be able to request withdrawals of their funds no later than July 30th;
  • Neteller agrees to cooperate fully with the USAO [U.S. Attorney’s Office/DOJ] in all matters relating to the ongoing investigation;
  • Neteller agrees to fully implement procedures and controls to prevent illegal transactions between internet gambling merchants and persons located in the US; and
  • The DOJ will dismiss a criminal information against Neteller in two years as long as Neteller fully implements this agreement and fully cooperates with the DOJ.

So what does this mean? US gamblers will get their money back, likely in August. Neteller’s founders will get off with a slap on their wrist (a monetary fine). Neteller won’t be operating in the United States any more. And the DOJ gets a big boost in its investigation of online gambling firms because Neteller will cooperate with the DOJ (including testifying in court against online gambling firms).

What’s not in the agreement—but is almost certain to be happening—is any mention of taxes. However, anyone who thinks that the DOJ (and the IRS, by extension) will not be getting records of Neteller transactions should think again. Almost certainly that information will be finding its way to the IRS by year-end.

It’s interesting to compare what happened with what I predicted back in January.

“Indeed, it’s clear what’s likely to happen. Neteller and the DOJ will likely come to an agreement. Neteller will announce that they will no longer do business with Americans, and they may have to pay a fine; the DOJ won’t indict the company, or any of its current stockholders. The DOJ might even accept some sort of plea bargain for the two founders who were arrested. It’s also certain that as part of such a deal Neteller will agree to release details of all transactions between American customers and Neteller.”

And that’s basically exactly what occurred.

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The Other Big Winners at the World Series of Poker

Congratulations to this year’s winners at the World Series of Poker, run by Harrah’s, and hosted at the Rio Hotel & Casino in Las Vegas. The Main Event, the World Championship of Poker, has just been completed. This year, 6,358 contestants ponied up $10,000 each to enter the event. The total prize pool was $59,784,954 and is the largest prize pool in a sporting event held in the United States.

Jerry Yang, of Temecula, California won $8,250,000. That’s what you will read on the Internet and in tomorrow’s newspapers. But did he really win all of that money?

Well, that was his gross win. However, there’s the matter of taxes. Tournament poker falls under other gambling in the tax regulations, so withholding is required if the win is both more than $600 and at least 300 times the entry fee. So first through third place must have 25% of the prize withheld for US taxes (unless a tax treaty overrides this provision).

Mr. Yang, hailing from California, had $2,062,500 withheld to the IRS right off the top of his prize. Given the marginal tax rate he will likely face, he will probably owe another $825,000 in federal taxes (a total of $2,887,500 to the IRS). He will also California tax, so the Franchise Tax Board figures to rake in $849,750 of the win. Mr. Yang’s actual win is probably $4,512,750 or so. The Franchise Tax Board is especially grateful. This is the second year in a row that a Californian has won, and given California’s budget issues, any and all revenues will be quickly spent.

Tuan Lam of Mississauga, Ontario finished second. He won $4,840,981 for his efforts. Under the US-Canada tax treaty, he had $1,452,294 withheld. He may be able to get some of that back, if he can show other gambling losses. He also faces Canadian tax on his win–as a professional gambler, his winnings are taxable under Canadian law. Luckily for Mr. Lam, he will likely not owe any Canadian tax because he will probably get a credit for the US tax paid (at 30%) on his Candian tax return (a tax rate of 29%).

Raymond Rahme of Johannesburg, South Africa, finished 3rd and earned $3,047,025. He’s the luckiest winner. He faces no US withholding per the US-South Africa tax treaty. He’s also an amateur, and it appears he does not owe any tax under South African law.

Alex Kravchenko of Moscow, Russia, finished 4th and walked away with $1,852,721. Like Mr. Rahme, the US-Russia tax treaty allows him to head home with all of his funds. Russia has a 13% flat tax, so he will probably owe about $240,854.

The other final table participants owe tax to Inland Revenue (United Kingdom), the IRS, and two state tax agencies (Virginia Department of Taxation and the New York Department of Tax & Finance). Here are the totals for the various agencies:

Amount won at Final Table $22,019,901
US Tax Withheld to IRS $3,514,794
Add’l Tax Owed to IRS $1,611,510
Total Tax to IRS $5,126,304
Tax to California FTB $849,750
Tax to Inland Revenue (UK) $712,402
Tax to State Taxation Service (Russia) $240,854
Tax to NY Dept of Tax & Finance $65,503
Tax to VA Dept of Tax $40,198
Total Taxes $7,035,011

That’s a total tax bite of 31.95%.

So congratulations to the winners. Just remember that a big winner—perhaps the biggest winner of all—is Uncle Sam. Because we all know, the house always wins.

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Another Offshore Scheme Down the Drain

I’ve been saying for some time that offshore trusts and bank accounts set up with no purpose at all (except to avoid US income taxes) are definitely in the cross-hairs of the IRS. Another user of this scheme will be paying with five years at ClubFed.

George Schussel founded Digital Consulting Inc. in 1982. The company was successful—successful enough that Mr. Schussel allegedly looked for a means to avoid income taxes.

The government alleged that Mr. Schussel used an offshore account at the Bank of Bermuda to hide $8.5 million. The account was in the name of an alleged sham company. Given corporate tax rates, that’s a loss of about $2.75 million in taxes.

Unfortunately for Mr. Schussel, the IRS audited his 1995 tax returns in 1997-1998. The government alleged that Mr. Schussel obstructed the audit and evaded taxes. The jury agreed, and he was sentenced to five years at ClubFed, a $125,000 fine, and must meet with the IRS to resolve his outstanding tax liabilities.

Sometimes it’s much, much easier to just pay your taxes in the first place.

News Story: Boston Business Journal

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There’s Corruption in Chicago? I’m Shocked!

Yeah, right. I’m a native of the Windy City and am anything but shocked. A former Alderman (city councilperson) is now facing 13 federal charges, including tax evasion.

Arenda Troutman is accused of using a political committee to hide money that was raised for projects she supported in her political district. Ms. Troutman is accused of starting the “20th Ward Women’s Auxiliary” and using it to hide money and disguise payments. Additionally, the Auxiliary didn’t file for non-profit status and never filed Illinois or federal tax returns.

Troutman had earlier been accused of bribery (she pleaded not guilty last month to that charge); she now has an additional 12 charges of bribery, extortion, mail fraud, and tax evasion to face. Two former staff member’s of Troutman’s office also face charges.

News Story: FoxChicago

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It Is Difficult to Overemphasize the Breadth and Depth of the Corruption

The title of this post is a quote from the 11th Circuit Court of Appeals. Former Atlanta Mayor Bill Campbell had appealed his conviction and his sentence on tax fraud charges. The Appeals Court found his conviction and sentence to be entirely appropriate.

The Court ruling wasn’t kind to Campbell. Here are two excerpts that ran in the Atlanta Journal-Constitution:

“[Campbell is]…a first offender with an exceptional personal history who cannot be considered unlikely to commit further crimes.”

“The fact that Campbell, a lawyer and former federal prosecutor, committed his crimes while mayor of a major metropolitan city, knowing as he must have that his action would be publicly and deeply scrutinized, belies his assertion that he ‘cannot be considered likely to commit further crimes.'”

Needless to say, Campbell will not be leaving ClubFed until, at the earliest, October 2008.

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Black Guilty, But Not of Tax Fraud

Remember the Conrad Black trial? Verdicts have come out, and it’s a mixed bag. All of the defendants (along with Black, there were three co-defendants) were found not guilty of not filing corporate tax returns. However, Black was found guilty of criminal fraud and obstruction of justice. An appeal is expected.

Columnist Mark Steyn has been blogging this trial for Macleans, the Canadian news magazine. Steyn notes,

“[Black] has been found GUILTY in just two narrow areas – “obstruction of justice” re the security camera footage of him removing boxes from 10 Toronto Street, and three “mail fraud” counts relating to the APC non-compete agreement, in which (as the government argued) Black and Radler paid Black and Radler not to compete with Black and Radler.”

When you fight the government, you face a tough battle. As Steyn noted, “The US Attorney’s office might usefully adopt as its motto the IRA’s message to Mrs. Thatcher after the Brighton bombing, ‘You have to be lucky every time. We only have to be lucky once.'”

Given Black’s age (62), he could be looking at life. Sentencing will be in November.

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