Westinghouse and Sylvania

Two famous electronics companies. In fact, I used to work for Westinghouse (“You can be sure if it’s Westinghouse”). But that’s not the story here. Instead, it’s the usual tax evasion, with a twist.

>From the Pittsburgh Post-Gazette comes the story of Soviet nuclear reactors, theft of over $9 million in aid money from many countries, and tax evasion.

Mark Kaushansky is a former Soviet refugee, having emigrated from the Ukraine in 1979. He landed in Monroeville, Pennsylvania and went to work for Westinghouse. In the 1990s he met up with renowned Russian atomic scientist Dr. Evginey Adamov. Dr. Adamov was arrested in Bern, Switzerland at the bequest of the US Department of Justice, but was extradited to Russia. According to Kommersant, Dr. Adamov hasn’t admitted guilt in his trial for “…grand fraud of the organized criminal group and with the office abuse that led to enormous offenses.”

Mr. Kaushansky, though, has pleaded guilty to nine counts of tax evasion. The government alleges that he’s bilked the IRS out of $5 million. Defense attorney Fred Theiman is quoted by the Post-Gazette as saying, “A lot of assumptions made by the government are perfectly rational, perfectly logical and perfectly wrong.” The IRS says that the pair used shell companies that never filed tax returns to hide money. A judge will have to decide how much Mr. Kaushansky’s companies didn’t pay. I’ll let you know more when Mr. Kaushansky is sentenced.

Meanwhile, a Sylvania, Ohio attorney was sentenced after being found guilty of evading $321,000 in taxes. Joseph Weisberg will have five months at ClubFed to think about the errors of his ways. Mr. Weisberg used his client trust account to hide his income, and that’s not a good idea at all.

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The Kanter Sage Continues

I’ve written about the Kanter case before (here , here, and here). In that case, the Tax Court reversed the finding of the trial court judge, and didn’t release the findings of the trial court judge. The case made its way to the Supreme Court. The Supreme Court remanded the case, with an order that the trial court judge’s findings be made public. The trial court judge found that there was no tax evasion; however, the tax court ruled that there was. After an intermediate stop at the 11th Circuit Court of Appeals (which ordered the Tax Court to make a ruling by February 2nd), the Tax Court came out with its ruling.

Now, given my cynical view of the world, how do you think the Tax Court would rule the second time around? Would it come out with a ruling in line with the trial court judge or a ruling similar to its own ruling? Yes, the Tax Court ruled that there was tax evasion, and that the lawyer (Burton Kanter, now deceased) accepted kickbacks from the Pritzker family, and evaded taxes on those kickbacks. The Pritzkers own the Hyatt Hotel chain.

The New York Times reports that attorneys for the three plan on appealing the decision. Given the history of the case, expect a return trip to the Supreme Court in 2008 or so.

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Prescription: Tax Fraud

I’ve been under the weather the last two days, fighting a bout of the flu. That’s better than these individuals, including some doctors who should (one day) have a prescription to fight off the malady.

Dr. Steven Herman was a plastic surgeon, with a practice in Norwalk, Connecticut and Manhattan. I say “was” because he’ll be spending 20 months at ClubFed. Dr. Herman started by committing tax evasion; he took $883,000 from his medical practice and didn’t report the income. Then he asked friends and household employees to buy money orders payable to him at post offices. He would have them buy (typically) four $700 money orders, so that the $3,000 requirement for reporting wouldn’t happen. That’s a second felony, structuring. Finally, he billed a health insurance company for procedures that were cosmetic, but he told the insurance company that they were medically necessary. That’s a trifecta, and it earned Dr. Herman the prison time, $800,000 in a civil settlement to the IRS, $150,000 in restitution to the insurance company, $236,000 in forfeiture because of the structuring, and a fine of $60,000. You can read the story here.

Meanwhile, phony trusts snagged three in Morgantown, West Virginia. Dr. Max Harned and his wife were found guilty last November of hiding money in trusts; they face up to 25 years in prison according to this AP Story. And a forest service employee who hid $1.1 million in trusts faces nine years in prison. I missed the first story of Dr. Harned’s indictment last June. Dr. Harned apparently told IRS agents, “I’d like a piece of you, I’d kick your butt” and “I’m a very good shot.” All three convicted in West Virginia were clients of Las Vegas attorney Robert A. Jones. Mr. Jones told the Pittsburgh Post-Gazette that he’d win both of these cases. Apparently he needs to buy a new crystal ball.

It’s a shame that these medical practitioners haven’t spent some money in finding a cure for the flu. If they had been successful, they wouldn’t have any money problems.

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Tax Myths for the Poker Player

That’s the title of the article I’ve written for the 2+2 Online Magazine. If you’re a poker player, the magazine (which is free) is a great resource; I heartily recommend it.

My article covers many tax myths that I’ve seen in online poker forums. You can read the article here. The entire 2+2 magazine is available here.

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Minimum Wage and Taxes

Last night the Senate passed an increase in the Federal minimum wage. Attached to the bill are tax breaks for small businesses and tax hikes for big businesses. There are several issues here, so let’s take a look at what this bill might mean.

First, the House passed an increase without any tax changes. Leaders in the House have said that they want a “clean” bill—one without any attachments. Unfortunately for the Democratic leadership, in the Senate it takes 60 votes (out of 100) to cut-off debate. Republicans made it quite clear that without the tax changes, this bill was d.o.a. in the Senate.

As to the minimum wage increase itself, it will have no impact at all in California; the state’s minimum wage is higher than the new federal minimum wage.

However, the tax provisions will have an impact if they become law. The two versions of the bill must go to a conference committee which will have to iron out differences, and then it must pass both the House and Senate again. Also, under the Constitution tax changes must be first started in the House, not the Senate (there are ways of getting around this, though). So if the House leadership is adamant about a “clean” bill, the tax changes won’t happen.

The biggest impact of the new legislation would be a cap on the amount of deferred compensation. Today’s Wall Street Journal has an editorial arguing against this provision. The Journal argues that if deferred compensation isn’t allowed, companies will switch to other forms of compensation. And they’re correct, too. As the cliche goes, where there’s a will, there’s a way. If someone wants to pay $x, he’ll find a way.

So it should be interesting to see what happens with the bill. Since an increase in the minimum wage leads to fewer jobs (this is basic economics), I personally hope that the bill dies. But given that House leadership desperately wants to pass this legislation, I expect to see it emerge in some form later this year.

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A Slam for Traylor? No, It’s the Slammer.

Robert “Tractor” Traylor, a former NBA player for Milwaukee, Cleveland, Charlotte, and New Orleans, pleaded guilty on Friday to a charge of preparing a false tax return. Mr. Traylor, 29, attempted to conceal assets of his cousin, Quasand Lewis, according to this AP story. Mr. Lewis, Traylor’s cousin, was recently convicted of drug trafficking and money laundering–he distributed 22,000 pounds of marijuana in the Detroit metropolitan area.

Here’s a wonderful quote from the story: “Robert Traylor is a basketball player, not a businessman,” Traylor’s attorney, Steven Fishman, told The Associated Press on Thursday night. “He got some bad advice and unfortunately he took it. So here we are.”

Unfortunately for Mr. Traylor, the IRS doesn’t appreciate lying on a tax return. Mr. Traylor could be sentenced to as much as fourteen months at ClubFed.

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Will You Really Get that Hybrid Vehicle Tax Credit?

There’s a great op-ed piece in today’s San Francisco Chronicle about the hybrid vehicle tax credit. The op-ed, written by Edward McQuarrie, a professor at Santa Clara University, gives the unpleasant details of how many Californians won’t get the full value of the credit: the AMT will eliminate the tax break for many. I’ve been warning clients about this for some time.

But if you’re single, making between $25,000 and $115,000, you will likely get the full credit. Everyone else should read the article and learn why the AMT needs to be reformed (though that is very unlikely to happen in today’s Congress).

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Trumpeter Goes to Jail for Tax Evasion

In August 2005 I reported on trumpeter Phil Driscoll. Mr. Driscoll was being accused of tax evasion of over $1 million. He was convicted last year on conspiracy and tax evasion charges stemming from using his ministry to hide income between 1996 and 1999 according to this story. He was sentenced today to a year and a day at ClubFed.

Mr. Driscoll performed at the opening of the Bill Clinton Presidential Library in Little Rock, and the former President sent a letter to the judge sentencing Mr. Driscoll.

Mr. Driscoll plans on appealing the conviction. He will not have to report to prison until March, pending the appeal.

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Bitten by a Spider?

A web spider, or web crawler, is a program that scours the Internet for data. Wikipedia has a good description of them. And guess who is starting to use them? The taxman.

The Belastingdienst, the Netherlands version of the IRS, started a program called Xenon in 2004. Four other countries have joined in: Austria, Canada, Denmark, and the United Kingdom. As this story in Wired notes, the goal of the program is to look on the Internet to find individuals and organizations that have not paid their taxes. The spider finds businesses, and using other tools, gets their addresses. The information is then compared to the data in the tax organization’s files to see if that business has filed a tax return. Presumably, businesses that haven’t filed get a knock on the door from the taxman.

Obviously, there are privacy concerns with such a program. But it’s public information that’s being examined, and if you post it on your web site, you had better assume that the IRS (or the foreign equivalent) is reading it.

The IRS is not part of the Xenon project. However, the IRS would not confirm or deny to Wired that they use web crawlers.

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Tax Day Is Pushed Back One Day

The IRS announced today that the deadline to file your tax return has been pushed back to Tuesday, April 17th (the deadline was originally Monday, April 16th because the 15th falls on a Sunday). The IRS release is available here.

California will follow along, according to today’s release from the Franchise Tax Board.

Why the change? Because April 16th is Emancipation Day, a legal holiday in the District of Columbia. Under federal statutes enacted years (decades?) ago, when the tax deadline falls on a Saturday, Sunday, or legal holiday in the District of Columbia, the deadline is extended to the next business day. Emancipation Day is a new holiday in the District; thus, the change.

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