California Ballot: Proposition 89

Proposition 89 increases corporate tax rates by 0.2% to fund political campaigns. Ignoring the issue of whether or not state-funded campaigns are good ideas, increasing California’s corporate tax rate (already one of the highest in the United States) will do nothing to draw business to the Bronze Golden State.

In my view, anything that restricts freedom of speech is a bad idea. This measure does that. It’s supported by Common Cause; it’s opposed by the California Chamber of Commerce and the California Taxpayers Association.

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California Ballot: Proposition 88

Proposition 88 would increase education funding by taxing every real estate parcel $50. If you live on a 4,000 square foot parcel, you would pay an extra $50. If you live on a two-acre parcel, you would pay an extra $50.

A parcel tax would be an entirely new kind of property tax for California. Supporters of the measure state that the funds would be used to reduce class size; that the funds would be controlled locally; and that schools need the money. Opponents argue that the funds won’t be spent where raised; that the funds raised would be controlled by the education establishment in Sacramento; and that this tax would start a slippery slope of new property taxes.

It’s interesting to see who supports and opposes this measure. The supporters are the education establishment (government) in Sacramento. It’s opposed by the Howard Jarvis Taxpayers Association and most Chambers of Commerce.

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California Ballot: Proposition 87

Proposition 87 is the next on the agenda. The proposition is titled, “Alternative Energy, Research, Production, Tax on California Oil Producers.” The initiative would increase the tax on oil pumped from California (or, under the state) by at least 25%. The measure also bans oil producers from passing the tax on to consumers.

Allow me to make some points about basic economics. Assume that Joe has a barrel of oil that costs $50, but I have a barrel that costs $50 + $8 in taxes. BigOilCo is going to purchase a barrel; which barrel will they purchase? The $50 barrel, of course. And if they do buy the $58 barrel of oil, they have to pass that cost on to consumers, either directly or indirectly. You can’t legislate gainst economics.

Looking at this logically, this measure, if passed, will decrease California oil production, increase the amount of imported oil into California, and will likely increase the cost of petroleum-based products in California. It’s simple economics, something that those who wrote this initiative appear to have flunked.

And don’t get me started on the new bureaucracy that this initiative, if passed, would thrust on the state.

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California Ballot: Proposition 86

Proposition 86 would impose a new cigarette tax of $0.13/cigarette sold in California. The funds raised would be used for everything from hospital trauma centers to funding for cancer research.

The argument for Proposition 86 is that smoking kills, and increasing the tax will (a) lessen the number of smokers, (b) allow funding for lots of needed programs, and (c) lead to research that might cure cancer and other diseases. The argument against Proposition 86 is that (a) we would create another bureaucracy, (b) most of the funding doesn’t go towards stopping smoking but goes toward hospitals that don’t need the money, and (c) increasing the tax on cigarettes to the nation’s highest will lead to an increase in black market cigarettes and crime.

As always, read the initiative and make up your own mind.

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A Tweak on the Independent Contractor/Employee Issue

You think you’re an employee; your “employer” thinks you’re an independent contractor. You decide to ask for a determination of status from the IRS using Form SS-8. Do you need to pay your federal income tax (through estimated payments and/or a payment on or before April 15th) or is your “employer” liable when the IRS determines that you really were an employee, not an independent contractor?

The Tax Court waded into this issue yesterday. There was no dispute that the individual in this situation owed the income tax. The question related to the penalties imposed by the IRS under Section 6651(a) for failure to file and Section 6654(a) for failure to make estimated tax payments: Is the fact that your employer goofed a good enough excuse to not file a tax return and not make estimated tax payments?

The Court dealt first with whether the failure to file penalty was justified. The petitioner noted that he didn’t file because he didn’t receive a W-2. That’s no excuse; indeed, the IRS has a procedure that an employee can follow when he doesn’t receive a W-2. As the Court noted, “On this point, petitioner’s reasoning is without merit…[I]t was petitioner’s obligation to pay the tax when due.”

The Court then looked at the failure to make estimated tax payments. The petitioner felt that he shouldn’t have had to make them, because the IRS ultimately determined that he was an employee and he had to wait until he received his W-2. The Court struck down that line of reasoning.

“During 2001, petitioner was treated by Compliance as an independent contractor. No Federal income tax was withheld from his wages. Accordingly, petitioner was under an obligation to remit estimated payments pursuant to section 6654(c) and (d). The fact that respondent ultimately determined petitioner was a Compliance employee does not negate petitioner’s failure to make these payments when they were due in 2001.”

Thus, the petitioner ended up owing the penalties. So if you ever find yourself wondering whether you need to make a tax payment that your employer should have made but didn’t, you probably do need to make that tax payment.

Case: Erwin v. Commissioner, T.C. Summary 2006-172

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Access Problems…Resolved

Our blog host has apparently moved us to a new server. This is causing you to get an error if you attempt to reach us using our url. There’s no fix time, unfortunately, but we are working on it. Until it’s fixed you can reach us at http://taxabletalk.powerblogs.com/

Update: The new server’s IP location has been bouncing around the Internet; we should now be visible (again) to everyone.

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California Ballot: Proposition 84

Next up on the list of California ballot measures that impact taxes is Proposition 84. (We’re not going to comment about Proposition 83, which deals with sex offenders, and Proposition 85, which deals with parental notification for a child’s abortion, as they do not have direct tax impacts.)

Proposition 84 is another water quality bond measure. If passed, $5.388 billion in bonds would be issued, with repayments costing around $350 million per year for 30 years.

The measure funds a hodgepodge of water issues: some dealing with water safety, some with water purification, some with water habitat, and some with water conservation. Additionally, there’s another water bond measure: Proposition 1E. If both pass, both will be implemented.

Those in favor of Proposition 84 state that the measure will help the economy, help with water purification and safety, and help with the levees. Those against it believe it only helps special interests with their pet projects. We’ll find out in two weeks what the voters think.

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When a Man Murders, and Other Tax Cheats

If you’re sentenced to 25 years in prison for murder, what’s a little tax fraud? Indeed, there have been many reports that prisoners with lots of time on their hands have been trying to defraud the IRS and state tax agencies. Every so often, the IRS catches them.

In this case, an Akron, Ohio man serving 25 years in the Mansfield Correctional Institution, where the goal is “to provide offenders of felony convictions within the State of Ohio a safe, efficient, humane and appropriately secure correctional institution,” found what he thought was a safe, humane way to make a little bit of money. According to this AP story, Michael Murdock used the names and social security numbers of other inmates to send in phony tax returns to the IRS. With the help of an accomplice, the returns were mailed in, and he received $5,277 before the IRS caught on.

The story notes that Mr. Murdock has been transferred to the Southern Ohio Correctional Facility near Lucasville. He’s up for a parole hearing soon. I have a feeling his extracurricular activities may come up. No matter what, he’ll have 22 months to think about what he did when he’s done serving his murder conviction. And he’s been ordered to pay back the $5277 to the IRS.

In other miscreant news, a Charlotte doctor forgot about filing his tax return. He pleaded guilty in May and will serve 12 months at ClubFed and will be on parole after his jail time and must also make restitution.

And closer to home, Trina Thi Jesson, of nearby Fountain Valley, pleaded guilty to three counts of misdemeanor tax fraud, and agreed to make restitution. These were state (California) charges, and Mrs. Jesson agreed to payback to the Franchise Tax Board her share of the $437,000 that’s owed. As we reported earlier, her husband George “Nick” Jesson is serving concurrent federal and state charges for tax evasion. It’s all in the family, I guess.

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Wesley Snipes, Where Are You?

Well, Edwin Kanguatjivi told Reuters that Mr. Snipes is filming a movie in Namibia. “It is confirmed. He is definitely here.” The United States does not have an extradition treaty with Namibia.

Meanwhile, a South African report states that Snipes is filming the movie Gallowwalker, and that its’ producers have asked to delay Snipes’ return to the United States until December, when filming has completed.

Snipes has been in trouble in the past: reckless driving on a motorcycle, a phony South African passport, and carrying a concealed weapon. Snipes faces up to sixteen years in prison if convicted on all of the tax charges.

Joe Kristan of Roth Tax Updates has a great summary of the Snipes charges. And the Los Angeles Times has a good background article, too.

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90 Cloudy Days

That’s the number of days in jail that Sunny Garcia will be facing. Mr. Garcia, the former surfing champion who was convicted of tax evasion for not paying $117,000 in taxes from 1996-2001, will report to prison in January. He’ll also face seven months of house arrest and will need to perform 80 hours of community service when released.

Mr. Garcia, who already works with the Huntington Beach (CA) High School surf team, plan on working with disadvantaged youths, according to his attorney, Steve Toscher. As Mr. Toscher told the Daily Pilot, “He basically made some serious mistakes and didn’t focus on his tax affairs.”

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