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.

Posted in Tax Fraud | 1 Comment

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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Antarctica Is Not a Country

There are lots of foreign countries in the world, but Antarctica is not one of them. It is a continent. The question arose last year on whether you can take the Foreign Earned Income Exclusion (§911 of the Tax Code) if you happen to be working in Antarctica; today, the issue reappeared at the Tax Court.

The Foreign Earned Income Exclusion allows a taxpayer who is working abroad to exclude a portion of their earned income. But there are caveats–the income excluded must be earned, and it must be earned in a foreign country (there are other restrictions, too). Last year, in Arnett v. Commissioner (126 T.C. No. 5), the Tax Court ruled that §911 doesn’t apply. Earlier this year, the 7th Circuit Court of Appeals upheld that decision. Unsurprisingly, the Tax Court tersely noted, “We follow our analysis and holding in Arnett I and the analysis and holding of the Court of Appeals in Arnett II.”

Deductions and exclusions are narrowly constructed; that’s a basic rule of the US Tax Code. Unfortunately, for today’s petitioner, Antarctica doesn’t fall within the scope of Section 911.

Case: Kunze v. Commissioner, T.C. Memo 2007-179

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“We Made a Slight Mistake…”

When I see that phrase, I just know that a whopper of an error is about to be seen. Well, those words weren’t used, but the DC Circuit realized that they did just that–made a whopper of a mistake. On Tuesday, they reversed themselves in the Murphy case.

If you remember the Murphy decision, the DC circuit ruled (in September 2006), “that §104(a)(2) of the Internal Revenue Code (Title 26, U.S.C.) is ‘…unconstitutional insofar as it permits the taxation of an award of damages for mental distress and loss of reputation.'” The same panel of judges reheard the case earlier this year, and the decision came out on Tuesday—probably, as Joe Kristan of Roth Tax Updates said, “…Courts are hip to the public relations technique of issuing embarrassing news at holiday times, when it is least likely to attract attention.”

The ruling itself is very ordinary, which tells you how off-base the original Murphy decision was. The Court now notes that even if “[Murphy’s award] is not income within the meaning of the Sixteenth Amendment, is within the reach of the congressional power to tax under Article I, Section 8 of the Constitution.”

Other Coverage:
AP
New York Times/Bloomberg
Roth Tax Updates
The TaxProf Blog

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On Wisconsin!

The Wisconsin State Senate approved a $66 billion (two-year) budget last week that includes $15.2 billion in new taxes. The budget includes new or increased taxes on oil companies, cigarette sales, hospitals, vehicle registrations, and real estate transfers. The proposed budget does include universal health care (a $15 billion proposal that may violate Federal ERISA rules) and over 150 other changes.

As I read the story in the Milwaukee Journal-Sentinal
, I wasn’t surprised to find that the Democrats control the State Senate in Wisconsin. Luckily for taxpayers, Republicans control the Wisconsin State Assembly. It’s certain that the budget in its current form won’t be approved.

Wisconsin already has the 7th worst tax burden in the United States (according to the Tax Foundation). Apparently that’s not good enough for the Democrats in the Dairy State.

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California Developing New K-1s

A few years ago, the IRS introduced new Schedule K-1s. The Franchise Tax Board plans on introducing new K-1s for the 2007 filing season, so that “[t]ransferring amounts from federal K-1s to California Schedule K-1s will soon be easier.”

You can see the draft K-1s here.

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Off the Deep End

Now that it’s summer, you may be considering a trip to the pool. Swimming is a great summer activity, but you do have to be careful when you dive into a pool. One diving coach jumped into some hot water last week.

Michael Finneran was the head woman’s diving coach at North Carolina State University in Raleigh, North Carolina. But Mr. Finneran didn’t consider himself an employee of N.C. State. On his North Carolina tax returns, he allegedly included phony W-2 forms showing no state income. That’s a problem, especially when you’re listed in the Athletic Department’s web page.

As reported here, Mr. Finneran was convicted of evading state income tax and was sentenced to 25 to 30 months in prison. According to the news story, he plans on appealing the conviction.

Posted in Tax Fraud | 1 Comment

Another Offshore Scheme Goes Down the Drain

I’m not a big drinker. The former President and co-owner of Domecq Importers will have 10 years at ClubFed of being a teetotaler after pleading guilty to fraud and tax fraud charges. Domecq Importers was a large liquor importer based in Connecticut.

Michael Domecq had a not-so-good idea. Have some outside vendors (primarily advertising agencies) send in invoices for work that was never done. Then have his company pay the vendors. That’s fraud against his own company.

But Mr. Domecq went a step further. He had the vendors then issue checks to shell corporations controlled by him and his accomplices: Chief Financial Officer Alfredo Valdes, Vice President of Marketing Gabriel Sagaz, and Vice President of Sales Thomas Kaminsky. Those three individuals had already pleaded guilty to various charges.

Did I mention those shell corporations used offshore bank accounts? And that the shell corporations didn’t pay any income tax? That’s tax fraud.

This isn’t Mr. Domecq’s first trouble with the law. He was convicted in the United Kingdom in 2006 of possessing a false Spanish passport and of illegally getting a U.K. drivers license.

Mr. Domecq, as part of his plea agreement, will submit corrected tax returns for 1989 through 2006, and will pay all of the taxes, penalties, and interest. Given that the unreported income is over $7.6 million, Mr. Domecq will be writing out some big checks to the United States Treasury.

It would have been much simpler to just pay the tax in the first place…but somehow that thought never enters the mind of the tax evader.

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What Is It About Strip Club Owners & Tax Evasion?

I’ve reported several times about strip club owners evading taxes (and getting caught). I guess there are a lot of temptations out there…and if you’re going to offer one, you get to thinking about another.

In any case, yet another ex-strip club owner has been convicted of tax evasion. From Jackson, Mississippi comes the story of Jon Adams. Adams used to own the Stardust Cabaret. Back in 1999 Adams attempted to get the zoning changed for his club. And the (then) Jackson City Council President, Louis Armstrong, found his way to prison for accepting a $25,000 bribe.

Adams’ troubles related to understating his income on his tax returns. The government alleged that Adams earned over $500,000 in 1999 and $466,000 in 2000 but that he reported $344,000 less. Oops. And allegedly making a $75,000 down-payment on some property while in bankruptcy didn’t sit well with the jury either.

While Adams faces six years at ClubFed and a maximum of $200,000 in fines, his stay will likely be significantly less. His sentencing is scheduled for October 9th.

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