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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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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