Crime Log: Nursing Homes Pay Well…

…when you withhold taxes from employees and keep them.

Crime does pay, as long until you get caught. Take nursing home owner Jack Easterday, formerly of Alameda, CA, and soon to be residing in a federal penitentiary. Mr. Easterday was convicted on Friday of failing to pay over $3 million in payroll taxes. Evidence indicated that the scheme netted over $18 million.

It took the jury two days to find Easterday guilty of 47 counts; the maximum penalty on each count is five years and a $10,000 fine.

News Story: North County Gazette

Posted in Tax Fraud | 4 Comments

Dynamic Analysis Proposed by White House

According to the Wall Street Journal, the 2007 budget has $513,000 allocated to set up a “dynamic analysis” unit within the Department of the Treasury. Currently, the Congressional Budget Office uses static analysis to determine the impact of proposed changes in the Tax Code. The idea behind dynamic analysis is that tax changes can impact behavior.

News Story: Wall Street Journal [Paid Subscription Required]

Posted in Legislation | 2 Comments

Crack Tax, Part Two

The NAEA alerted me to a new act under consideration in my old home, Washington state. Acting on the success of the Tennessee Crack Tax, two legislators in Washington have introduced similar legislation. The act, if passed, would impose a stamp tax of $50.00/gram of cocaine, $200/gram of “other controlled substance or low street-value drug that is sold by weight,” $31.70/gallon (or fraction thereof) of illicit alcoholic beverages sold by the drink, and $12.80/gallon of illicit alcohoic beverages not sold by the drink.

You can find the text of the proposed legislation here.

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The Saga of Western Tax Service Draws to a Close

Samuel Joseph DeAngelo headed Western Tax Service. It attracted tax clients quickly as it averaged $2,500 refunds for each customer.

It’s techniques were certainly interesting, and come from the Richard Hatch School of Tax Preparers:

– Making up false deductions for employee business expenses;
– Making up false charitable deductions (typically 10% of AGI);
– Phony depreciation deductions;
– Phony tax payment deductions; etc.

The IRS audited a taxpayer who used Western Tax Service and discovered the fraud. Most of the tax clients had no idea that Western was doing anything wrong. The IRS expanded their review of returns prepared by Western (Western prepared about 8,000 returns in 2001). Yes, Western charged large fees but they got large refunds; what could be the problem? (Hint: If it sounds too good to be true…)

The axe fell in 2004. Now, the story reaches its conclusion. Last Friday DeAngelo pled guilty to defrauding the IRS and helping people file false tax returns. He also pled guilty to using others to engage in currency transactions to avoid the $10,000 reporting requirement: he sent employees to the bank to make multiple $9,990 deposits (don’t try this at home!). DeAngelo faces a maximum of 24 years in jail.

I had a couple Western refugees come in to my office for help. They were rudely surprised that you do have to pay tax on your income….


Press Release: US Dept. of Justice

News Story: Orange County Register

Posted in Tax Fraud | Tagged | 3 Comments

Fast Food Litter Tax Passed in Oakland

I have a few clients in Oakland. They’ll probably be paying a bit more for that Big Mac or other fast food; the Oakland City Council passed an ordinance Tuesday that imposes a fee of between $230 to $3,815 on fast-food businesses. The city plans to use the money to reduce fast-food litter; according to Councilwoman Jane Bruner the fee was imposed as a last resort. Before becoming law, the ordinance must be approved on a second reading (most likely on February 21st).

However, the tax may be illegal as different businesses will be charged differing amounts. Some fast-food restaurants will be exempt because they are in business improvement districts; others are exempt because they already have “litter control programs.” And the California Restaurant Association is considering a lawsuit to stop the ordinance from going into effect. Johnise Downs, of the CRA, is quoted by the Associated Press, stating, “[The businesses are] basically being penalized and targeted just for doing business in the city of Oakland.” A similar law was overturned in Chicago as being unconstitutionally vague.

News Stories: Contra Costa Times; Associated Press Story

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Criminal Update

The tax evaders have been busy.

First, a woman in Tullahoma, Tennessee successfully embezzled about $500,000. Only one problem: she forgot to pay her federal income tax on her ill-gotten gains. She pled guilty to four counts of tax evasion on the $129,000 she didn’t pay to the IRS. (Story here.)

Next, a San Francisco contractor pled guilty to two counts of tax evasion for failing to report about $250,000 in income. He took under-the-table cash payments instead of reporting them to his business. He could face as much as five years in jail, but will probably get about a year and a significant fine. (Story here.)

Finally, Markell Boulis, a former Pittsburgh chiropractor, is already in jail for selling drugs. He’s in a lot more trouble. This story, which appeared a little over a week ago, indicated that he’s being investigated for insurance fraud. An owner of a medical supply firm is cooperating in the investigation and has accepted a plea bargain (story here). Now, Boulis has been indicted on tax evasion and fraud charges. According to the Pittsburgh Post-Gazette, the indictment charges that Boulis underreported his income in 2001 by over $500,000 and didn’t report any of his 2002 income.

Posted in Tax Evasion | 1 Comment

Tax Reform Panel’s Recommendations DOA

The Senate’s top Democratic tax writer declared that the Tax Reform Report issued last year is dead on arrival. “That thing’s dead. That’s dead, Mr. Secretary,” said Max Baucus, D-MT.

When the panel’s recommendations came out last year, that’s exactly the same thing that I said; these “reforms” stood no chance of passage.

News Story: AP

Hat Tip: TaxProf Blog

Posted in Legislation | 10 Comments

IRS Targets Share Lending

According to this story [paid subscription required] in today’s Wall Street Journal, the IRS is targeting a technique used by highly paid individuals to defer capital gains taxes. The strategy is called “prepaid variable forward,” and is a hedging strategy that uses derivatives to protect the user who has a stock portfolio concentrated in one stock from a drop in the price of that stock while deferring capital gains. Typically, the firm involved in the transaction shorts some of the stock to protect itself—and that’s where the problem comes in.

If the firm borrows the shorted shares from the investor, that’s share lending. And the IRS ruled (in a Technical Advice Memorandum that applies to one investor) that when the shares were borrowed, they were effectively “sold,” and subject to immediate capital gains tax.

My generic advice about all tax shelters applies: if it sounds too good to be true….

Posted in IRS | 2 Comments

A Few More Brains than Hatch

But it wouldn’t take much for that to be true.

Danni Boatwright, the most recent Survivor champion, paid her taxes on the $1 million she won. “I paid them right away,” she told AP Radio. “(CBS) recommends that you pay your taxes first off. Come on, you don’t need anyone to tell you that. It’s ridiculous. Poor Richard.”

News Story: AP

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Gambling in Stocks vs. Gambling in Casinos

Professor Maule has an interesting post on whether people making their living gambling on cards should be treated differently than those gambling on stocks. His conclusion:

I wonder if the current Administration and its Congressional allies, in proposing to make permanent the special low rates [on capital gains] applicable to those who gamble in commodities, options, and similar items, understands that gambling is gambling. Do they understand that making those rates permanent will generate even more incentive for tax shelter designers to find ways to package poker games as long-term investments the income from which would be taxable as capital gains?

Definitely read the entire post—it’s well worth it.

Given the social engineering inherent in our tax code, don’t look for any changes in the treatment of gambling any time soon.

Posted in Gambling | 1 Comment