Lighting a Match to Evasion

Quite a bit of tax evasion to report on tonight. We have fuel for the fire (literally), embezzlement, and even a connection to one of my favorites: Wesley Snipes.

Starting in Houston, three men decided to make money the third oldest way: cheating on taxes. They allegedly bought kerosene from Calcasieu Refining Co. in Lake Charles, Louisiana, stating that they would export the kerosene. If you export kerosene, you don’t have to pay the fuel excise tax on it. You’re already a couple steps ahead of me, right? The kerosene didn’t make it across the border. Instead, the kerosene was mixed with other petroleum byproducts and sold at service stations in the Houston area. Adding just a bit more fraud, the three alleged culprits ordered their staff to prepare false backdated invoices. The three face both federal tax evasion charges and state charges according to this story in the Houston Chronicle.

In Brighton, Michigan, an electrician found out the hard way that Eddie Kahn’s methods of avoiding taxes are not guaranteed to succeed. Mr. Kahn used to have a company called American Rights Litigators; he transformed the business into “Guiding Light of God Ministries.” Unfortunately for Kahn, the IRS didn’t take to the name change. He’s been indicted on tax fraud charges; the business was raided in 2004. Kahn is facing more charges in the Wesley Snipes case.

Oh, our electrician, Brent Gross, in Michigan who followed Mr. Kahn’s strategy of claiming he had zero income while earning around $80,000 a year for several years? It didn’t work. He’s been convicted of three counts of tax evasion, three counts of filing a false tax return, and one count of presenting a fictitious financial instrument. He’s looking at a stay at ClubFed.

>From Anderson, South Carolina comes the story of a couple who filed 86 tax returns seeking refunds of about $500,000. Just a few problems: the returns were false, and they got the information from prison inmates. Randall Pardue, and his wife, Kelly, each received a stay at Club: Randall got a little over 4 years while Kelly received 2. They’ll also have to make restitution of $102,000. It will be a while before Randall visits ClubFed, though—he’s currently enjoying a stay at one of South Carolina’s facilities for burglary (unrelated to the current crime) and won’t be out of that prison until 2011.

Finally, from Clarksville, Tennessee comes the story of a bookkeeper who I hope you never hired. Mary Barber pleaded guilty to bank fraud and tax evasion charges. Ms. Barber admitted embezzling $63,667 from clients using a phony company with checks made payable to phony payees. The checks were then deposited into her accounts or accounts of relatives. She also admitted committing bank fraud totaling $224,947. That resulted in a tax loss to the U.S. of about $64,000—thus, the tax evasion charges. She’ll be spending some time at ClubFed.

That’s a bunch of winners—well, they sure make writing these articles easier.

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A Different Kind of Death Tax

How did I miss this story from the Orange County Register?

“ANAHEIM – The former director of UCLA’s Willed Body Program pleaded guilty to federal tax charges after admitting he never paid taxes on tens of thousands of dollars he made while overseeing the university’s program.”

Read more at Roth Tax Updates.

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FTB Sends Erroneous Notices to EAs

Spidell is reporting that California’s Franchise Tax Board (FTB) has sent notices to 1,400 tax preparers who are not registered, and threatened each with a $2,500 fine. Only one problem: EAs, CPAs, and attorneys aren’t required to be registered (all hold other professional licenses). The FTB has lists of CPAs & attorneys (they must register with other state agencies) but has no list of EAs, so many EAs likely got the notices.

Any EA “lucky” enough to get one of these notices should reply back to the FTB with their license information and the FTB shouldn’t continue with the fine.

And let me end this with a plug for Spidell. Spidell has excellent continuing education offerings, and provides a lot of quality materials.

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An X-Rated Tax

Democrats in Sacramento lack nothing in chutzpah. Democratic Assemblyman Charles Calderon is proposing an 8% tax on sexually explicit nightclub acts, sexually explicit pay-per-view movies, X-rated acts in public locations, and sales of sex toys.

Forgetting the dubious constitutionality of the proposed legislation, it is unlikely to go anywhere in Sacramento. Assembly Republicans, according to the story in the Sacramento Bee, vow to kill any new tax increase. Given the 2/3 vote required for an increase, this measure will die.

It would be nice to see our legislators in Sacramento looking at killing various government programs, so that instead of increasing revenues to cover a budget shortfall, they would be decreasing expenses. But that idea is, I think, over the head of the Democrats in Sacramento.

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Don’t Lose My Number

“Billy, Billy don’t you lose my number
Cos you’re not anywhere
That I can find you
Oh now Billy, Billy don’t you lose my number
Cos you’re not anywhere that I can find you, oh no”

(Don’t Lose My Number, by Phil Collins)

There are a lot of people hoping that one person did lose their phone number. Remember Deborah Palfrey, the alleged D.C. madam who wanted to sell her phone list of clients? Well, her phone records have now been released to the public. You can go to this website and attempt to get the records. I say “attempt” because so many people have gone to the site that the website is currently down! A judge last week lifted the injunction against Ms. Palfrey posting her list.

Already, one Senator has found his name on the list. Senator David Vitter (R-LA) said in a statement, “This was a very serious sin in my past for which I am, of course, completely responsible.” His name won’t be the only one found on the list.

Meanwhile, Congress continues to look more like a “do-nothing” Congress as far as tax legislation and pressing issues such as AMT relief. Perhaps our representatives will look at fixing real problems rather than covering their past transgressions…though I doubt that’s going to happen.

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Is Antarctica a Foreign Country?

Last week I wrote a post about a Tax Court ruling that said that for purposes of §911 of the Internal Revenue Code (the Foreign Earned Income Exclusion) that Antarctica is not a foreign country. Well, one reader wrote me back, noting:

Two separate courts (US Supreme and US District in MA) have ruled that in the case of other statutes (FTCA and FLSA), Antarctica IS a foreign country. The rulings in questions by the Tax Court, supported by the 7th Circuit of Appeals, only mean that for the purposes of the interpretation of this particular section of the Tax Code, Antarctica does not fall within the IRS’s regulatory definition of the term “foreign country.”

Quite true. Antarctica is definitely not part of the United States. I will point out, for the record, that I do not see a “Republic of Antarctica” among the world’s countries.

The reader then goes on to note that he thinks the Kunzes may appeal the Tax Court decision to the 10th Circuit. I have no idea if they will, but I am very doubtful of them winning this battle. Section 911 of the Code is quite specific, and I think that the Courts got this issue correct. Now whether the law should be written this way is another question. Unfortunately for our reader and the Kunzes, there just aren’t a lot of Americans in Antarctica, so I don’t expect Congress to change the law any time soon.

Finally, it’s nice to know that we have a reader on Antarctica. For those of you wondering, it’s cold at the Amundsen-Scott South Pole Station. Here are the current conditions (courtesy of NOAA):

Wind from the NNE (020 degrees) at 17 MPH (15 KT)
Visibility 1 mile(s)
Sky conditions mostly cloudy
Weather: Ice crystals, Blowing snow
Temperature -79 F (-62 C)
Windchill -122 F (-86 C)
Pressure (altimeter) 28.31 in. Hg (958 hPa)

To contrast, here are the current conditions in Irvine:

Wind from the ENE (070 degrees) at 3 MPH (3 KT)
Visibility 9 mile(s)
Sky conditions overcast
Temperature 64.9 F (18.3 C)
Windchill None
Relative Humidity 75%
Pressure (altimeter) 29.96 in. Hg (1014 hPa)

So we’re 144° F warmer than at the South Pole…

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It’s July 9th, California. Do You Know Where Your Budget Is?

It’s stuck in the legislature.

The California Constitution requires a 2/3 vote in each house of the legislature for the budget to be approved. While the Democrats have a majority in both houses, they do not have a “super-majority” and they must get Republican support in order for the budget to pass. So far, the G.O.P. is holding firm on, in their view, “a fiscally prudent budget.”

Whether or not we see furloughs of state workers on August 1st is an open question. With the legislature back in session this week it’s possible we will see some movement…but I expect this to drag on for some time.

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Pennsylvania Shuts Down, Sort Of

The Keystone State is having a budget crisis. Governor Ed Rendell (D) has ordered a shutdown of all non-essential state services in Pennsylvania. The problem? There’s no approved state budget, and with the fiscal year having begun the state has no authority to spend money.

Pennsylvania, like many states, has a divided (politically) government. Governor Rendell is a Democrat, the state’s lower house is controlled by Democrats, but the state senate is controlled by Republicans.

Governor Rendell’s proposed budget features an energy charge that would cost residents an estimated $5.40 a year. That’s one of the reasons Republicans are holding up the budget. Other issues include a new hockey arena for the Pittsburgh Penguins and a new convention center in Philadelphia—issues that Governor Rendell wants considered before the budget but issues that the Republicans want considered after the budget. Republicans also want to cut $300 million from the state’s $27.3 billion budget according to Bloomberg.

Gamblers, though, got “lucky.” A state court judge has allowed the five racinos in Pennsylvania to remain open pending a hearing tomorrow.

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What’s the ClubFed Party Scene Like?

That’s probably one of the thoughts going through Timothy Heffner’s mind right now. Mr. Heffner, of Pittsburgh, pleaded guilty to fraud, conspiracy and tax evasion charges on Tuesday.

Mr. Heffner, according to the story in the Pittsburgh Post-Gazette, “entertained on a private yacht [and] arrived at parties in a personal helicopter.” The Pittsburgh Tribune-Review noted, “Heffner long has been a mainstay at gala events for Pittsburgh’s social elite.”

So what did Mr. Heffner do? He started his own chemical supply company, BioTechnology Corporation of America. Their website looks formidable, with divisions in synthetic organic chemistry, custom synthesis, etc. (five total divisions). However, the company was run out of Mr. Heffner’s basement (according to the Tribune-Review). Still, being an entrepreneur is admirable.

But Mr. Heffner listed himself as a medical doctor (which he isn’t). Still, lots of Americans embellish their resumes. He also claimed (at one point) he had a Ph.D. (which he doesn’t). He tried to get his local township to approve a helipad because he was part of the University of Pittsburgh’s transplant team (which obviously he wasn’t). And the public record shows that Mr. Heffner had his boating license suspended for one year in 2006 because of his refusal to submit to chemical testing.

How did he afford his nice house in the upscale community of Pine, Pennsylvania, his boat, his helicopter, and his partying lifestyle? His business had something to do with that. He bought rare chemicals from Sigma-Aldrich on the cheap. Very cheap. You see, he had an “in” at Sigma-Aldrich—Robert Wandler, head of Sigma-Aldrich’s rare chemical laboratory. Mr. Wandler “sold” the rare chemicals to Mr. Heffner at artificially low prices (as low as nothing) and Mr. Heffner sold them back to Sigma-Aldrich at high prices. The total fraud to Sigma-Aldrich is, according to prosecutors, more than $2.1 million. Mr. Wandler, by the way, appears to be working on his own plea deal.

But one fraud wasn’t enough for Mr. Heffner. He decided that tax evasion was a good sideline business. His $2,000 veterinary bill ended up being $2,000 in veterinary research, and a deductible business expense. (Hint—don’t do that at home.) Other “business” expenses included an associate’s season tickets for the Steelers, his girlfriend’s cellphone bill, and many similar expenses. The total of his tax evasion is a cool $1.2 million.

The Post-Gazette quoted a former business partner of his, Tommy Kehoe, as saying, “All I can say is the guy’s a fraud. It’s that simple. He lied to me about everything for 10 years…By God, he should get 10 years in prison.” Based on federal sentencing guidelines, he will likely receive 3 to 4 years at ClubFed for just the tax charges, so Mr. Kehoe may get his wish.

Finally, I’ll answer Mr. Heffner’s burning question: the party scene just isn’t that good at ClubFed.

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Muni Bonds After “United Haulers”

As I mentioned in May, the Supreme Court will be looking at the taxing of municipal bonds later this year (Department of Revenue v. Davis). There’s an interesting article that I found that analyzes what the Supreme Court will likely do; “Muni Bonds and the Commerce Clause After United Haulers.”

The law professors who wrote this article, Ethan Yale and Brian Galle, conclude that the Supreme Court will not overturn the Kentucky Court of Appeals ruling that taxing out-of-state municipal bonds while not taxing in-state municipal bonds is unconstitutional. The article is quite interesting; those with an interest in the case should read it.

Of course there’s a huge caveat—trying to guess what the Supreme Court will do is very difficult.

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