Largest Tax Fraud Case In US History

Walter Anderson, a former telecommunications executive, pleaded guilty to evading $200 million in taxes today. Anderson had apparently hid $450 million in offshore bank accounts in the Channel Islands and elsewhere.

In the not-so-brilliant category, investigators found a copy of the book, Poof! How to Disappear and Create a New Identity while searching his home. Anderson also “forgot” to file tax forms on two paintings he bought that were worth over $1 million.

Although eligible for 80 years in prison (effectively a life sentence for Anderson, who is 52), the plea agreement sets a maximum sentence at ten years. Given that Anderson still disputes some of the allegations, stating that some of the purloined funds would have been used to “privatize space” and for charity, it’s no surprise that Anderson is still being held without bail. Sentencing will likely be in January.

MSNBC Story
DOJ Press Release (2005)
TaxProf Blog Story

Posted in Tax Fraud | Tagged | Comments Off on Largest Tax Fraud Case In US History

Telephone Tax Refunds

As mentioned earlier, 2006 saw the end of the Spanish-American War (of 1898)…well, the funding for the war. The telephone excise tax, a “luxury” tax, has ended for most services. Taxpayers will receive refunds with their 2007 tax returns.

The IRS has computed standard amounts for the refunds, based on the number of exemptions on the tax return. You can choose the standard amount (between $30 and $60 dollars) or the actual amount (which will require you gathering phone bills from February 28, 2003 through July 31, 2006). The IRS has an excellent question and answer page. But here are some answers to other questions:

How do businesses get the refund? Businesses will have to figure the actual amount of tax paid, and complete a new IRS Form, Form 8913. Individuals who wish to receive the actual amount paid in tax will also complete this form.

I was charged this tax on my local service, my long distance, my cellular, and my Internet phone service. Which phone services are eligible for the refund? Courts held that whern the tax was based on transmission time, rather than distance, the tax was invalid. This means that the tax applies today only to local telephone service. The tax will be refunded for all other services where it was charged.

Why the specific dates (February 28, 2003 – July 31, 2006)? The Internal Revenue Code has a statute of limitations; the government only has to refund the money that was collected during this time-frame.

I’m still being charged the tax on my long-distance service. What should I do? Call your carrier and complain, and demand an immediate refund of the illegal tax. Then write your Public Utilities Commission and/or the FCC (Federal Communications Commission).

I don’t have to file a tax return this year. How do I collect the refund?
The IRS announced that there will be a special tax form, Form 1040-EZ-T, for such individuals.

It really took 108 years for the government to stop funding the Spanish-American War? Unfortunately, the telephone excise tax continues on local phone service, so we’re still paying to “Remember the Maine!”

Posted in IRS | Tagged | Comments Off on Telephone Tax Refunds

Crime Didn’t Pay…

…for these individuals.

First up is Minish Mehta of South San Francisco. He’ll be spending 15 months at ClubFed. He ran a number of Bay Area parking lots and had a unique method of dealing with the cash collected. If the amount of the deposit were under $10,000, he’d deposit it in his personal account; if it were over $10,000, it went in the company account. In 1999 and 2000, those personal deposits totaled nearly $1 million. The IRS wasn’t pleased when they figured out Mehta’s scheme. Why $10,000 as the cutoff? That’s because no currency transaction report is required on deposits of less than $10,000. However, banks can make such a report if they suspect suspicious activity. The news report doesn’t indicate how the IRS found out.

Next is Ronald Isley, the Isley Brothers’ lead singer. He’s going to be at ClubFed for three years and will have to pay $3.1 million in back taxes. U.S. District Judge Dean Pregerson quoted in an AP Story (via the Washington Post), “The term serial tax avoider has been used. I think that’s appropriate.”

Charles E. Polk, Jr., a prominent St. Louis attorney, will have 46 months to think over his schemes while at ClubFed. Polk stole funds from the Metropolitan St. Louis Sewer District and evaded taxes according to this story. Former Attorney General John Ashcroft wrote a letter asking for leniency. The plea agreement (Polk agreed to plead guilty to two counts; in return, 21 counts were dismissed) stated that the maximum sentence would be 47 months. Perhaps the one month Judge Stephen Limbaugh didn’t sentence Polk for was a result of the letter….

Closer to home, John Archibald will be spending 15 weekends at the Pasadena city jail and will be on probation for five years. Archibald pleaded guilty last week to taking bribes and filing a false California tax return. Archibald took over $100,000 from subcontractors working at the Park LaBrea complex in Los Angeles according to this report. He’ll have to make restitution to Casden Properties, the owner of Park LaBrea, and the Franchise Tax Board.

And finally, surfer Sunny Garcia will get to enjoy the swells generated by Hurricane John. Garcia, who was found guilty of tax evasion earlier this year, had sentencing postponed until October 18th according to this story. (As an aside, how often do you think I’ll be able to link to the Global Surf News and be on topic?)

So as Labor Day weekend winds down, remember what happens when you illegally evade taxes. You either look over your shoulder for the rest of your life or you find yourself looking through bars.

Posted in Tax Evasion | Tagged | Comments Off on Crime Didn’t Pay…

Gratuity Included

An interesting story from Las Vegas: It seems that there’s a problem with tips, and tip reporting, in Sin City.

The American Gaming Association is very unhappy about the IRS’ enforcement of the voluntary tip program. This program allows workers to report set rates of tips, based on where they work and what shift they’re on. Tips are a big part of workers incomes in Las Vegas.

The IRS has decided to audit 1000 of the workers who signed up for the tip program; that’s what’s making the AGA upset. The IRS is likely angry because workers are — gasp — underreporting cash tip income! That’s unheard of!

In any case, the Vegas tip program agreement ends in just a few months. At that point, the gratuity may become extra.

News Story: Business Las Vegas

Posted in Gambling, IRS | 1 Comment

IRS 2006-2007 Priority Guidance Plan Released; Poker Still in the Crosshairs

The IRS released its 2006-2007 Priority Guidance Plan earlier this month. There are 264 projects listed. Some of the projects include:

  • Regulations to facilitate electronic filing and reduce taxpayer burden [for corporations]. Temporary regulations were published on May 30, 2006.
  • Guidance regarding the treatment of incidental health insurance benefits provided under a profit-sharing or stock bonus plan.
  • Revenue ruling on taxable health benefits for beneficiaries.
  • Guidance on Health Savings Accounts.
  • Guidance on political activities by section 501(c)(3) [charitable] organizations.
  • Guidance on the treatment of fees incurred in credit card transactions [for financial institutions].
  • Revenue procedure under section 3402 regarding the withholding rules applicable to poker tournaments.

It should be noted that just because an item is listed does not mean that the IRS will take action. For example, the revenue procedure for poker tournaments was on the 2005-2006 Guidance Plan and no action was taken. However, when an item appears for two straight years, it’s likely that the IRS will eventually release something.

Posted in IRS | Comments Off on IRS 2006-2007 Priority Guidance Plan Released; Poker Still in the Crosshairs

New Jersey: We’re Number One!

With the college football season beginning this weekend, and with pro football starting just one week later, it’s time to root for your favorite team(s). Residents of New Jersey have gotten a head start—the National Conference of State Legislators has found that New Jersey’s budget increased the most of any state!

New Jersey’s budget increased by $1.9 billion, a five percent increase. New Jersey is now number one in sales tax (tied with three other states), number one in cigarette tax, and number one in property tax. What a trifecta!

On the other hand, some states actually decreased taxes this year: Arizona, Nebraska, Oklahoma, Utah, and Wyoming.

New Jersey, of course, suffered through the budget shutdown crisis in July, and the Garden State’s new $30.8 billion budget increased sales tax from 6% to 7%. In an article in the Newark Star-Ledger, New Jersey Senate Minority Leader Leonard Lance is quoted as saying, “Businesses are fleeing New Jersey as well as residents, and it’s very discouraging.”

There was one bit of good news in the article. New Jersey’s gasoline tax (14.5 cents/gallon) is the third lowest in the U.S. Unfortunately, New Jersey has the second worst tax climate for business (according to the Tax Foundation), and until that problem is corrected the Garden State is caught in a perpetual slide.

Posted in New Jersey | Comments Off on New Jersey: We’re Number One!

The Early Bird Doesn’t Always Catch the Worm

A fascinating case came out of the Tax Court today. Being late when you file a challenge is never a good idea; in almost all cases, your filing can be thrown out. But what happens if you file too early?

The petitioners in today’s case received a notice of lien for 1996 to 2000. Then the petitioners received a notice of levy for tax years 1990 to 1994. The petitioners requested a collection due process hearing (CDP) before the thirty day period before the first day of levy.

In appellate court cases, if you file early, your date of filing is presumed to be the first day of filing (your filing date is “related forward” under Federal Rule of Appellate Procedure 4(a)).

But that wasn’t the view of the Tax Court. Instead, it took the statute literally, noting that a request must be made during the 30-day period. The regulations promulgated under the statute use the same terminology: four times the words “during the 30-day period” (or synonyms) are used.

The Court concluded,

Allowing premature CDP requests to be effective, incontrast, would cause prejudice to the Commissioner. The IRS is a bulk-processing organization that sends and receives hundreds of millions of notices and returns each year. If the system is to work, almost all of those notices and returns have to quickly fit into pigeonholes (or their modern-day equivalent, the database field), rather than become the object of contemplation by a IRS clerk charged with finding the right place to put a particular piece of correspondence….We think the Commissioner is right when he argues that allowing a taxpayer to disrupt this sequence with a premature CDP request would be quite likely to cause prejudice.

So if you’re going to contest an IRS notice, check the dates carefully. Being early is just as bad as being late.

Case: Andre v. Commissioner, 127 T.C. No. 4

Posted in Tax Court | Comments Off on The Early Bird Doesn’t Always Catch the Worm

Don’t Try This at Home: Tax Crime Blog

It’s been a busy week for the scofflaws.

First up is a dentist from Florence, South Carolina. He is alleged to have added about $1 million in false expenses and loans to his tax returns. If convicted, he faces a maximum fine of $1 million plus 14 years in prison. It’s great if you can get away with it….

Meanwhile, another dentist will find himself behind bars. Burton Tucker, of Waynesboro, PA, used offshore trusts to evade about $520,000 in taxes. He’ll be making restitution and will spend one year at Club Fed; the government noted that he’s cooperating in an ongoing investigation of trusts. It’s just been a bad week for dentists, I suppose….

In New jersey, a judge cited that a jeweler has “appalling greed.” Licinio Neves, owner of a three-store jewelry chain, will spend up to 6.5 months in Club Fed for his tax evasion, and must make restitution of $470,000. He kept two sets of books, and didn’t report the cash sales from his stores in 2001.

Not bad for just a couple of days.

Posted in Tax Evasion | Comments Off on Don’t Try This at Home: Tax Crime Blog

The Court Has No Soul

>From Joe Kristan’s Roth Tax Updates:

Apparently, Respondent believes there is a legal distinction between “Charles David Saunders” the person and “Charles David Saunders” the Living Soul. The Court has been unable to locate any precedent that supports such a distinction.

I imagine that the Respondent lost….

Posted in Tax Evasion | Comments Off on The Court Has No Soul

Grassley Unhappy About Options Mess

Stock options have been in the news over the past few weeks, for all the wrong reasons. Many corporations have been accused of backdating the options.

Senator Charles Grassley (R-IA), head of the Senate Finance Committee, isn’t happy about this. He told Reuters, “If the tax laws are inadequate on stock options backdating, I want to beef them up.” Grassley has scheduled a hearing on September 9th to discuss the options mess.

>From our vantage point expect tightening of the rules and regulations dealing with stock options, and a likelihood that fewer options will be issued in the future.

News Story: Reuters

Posted in Legislation | Comments Off on Grassley Unhappy About Options Mess