California Has a Budget; Moody’s Raises Debt Rating

…and still has a $5 Billion deficit projected for next year. Oh, the Governator signed the budget.

Moody’s Investment Services followed up by raising California’s Debt Rating from A3 (bad) to A2 (not as bad). Perhaps I’m being a bit cynical about this; after all, Moody’s says that both A3 and A2 ratings indicate “bonds with many positive investment qualities.” California, though, has one of the worst ratings of any state.

On the good news side of the ledger, the Governator used the line-item veto to eliminate some egregious programs, such as the UC Berkeley Center for Labor Research and Education. He also vetoed hiring 14 new state tax investigators. While the veto “saved” $1.2 million, the investigators were budgeted to bring in $4 million in back tax payments and penalties annually. So tax cheatersprocrastinators, you can rejoice!

Again, the key for California will be the results of the November 8th special election, which will have numerous initiatives that could change our state government in many ways.

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When You Bury Your Head in the Sand…

…You’re stuck, and look fairly stupid.

At least once a week, the Tax Court tells a tax protester that, “Yes, Virginia, there is an income tax, and you must pay it.” And your arguments that (a) it’s unconstitutional, (b) you don’t live in the United States but in the state of [fill in the blank], or (c) it was never approved, etc. (see the Tax Protester FAQ for a complete list of the reasons) won’t work.

This week’s case is Hodges v. Commissioner, TC Memo 2005-168. We won’t bore you with the constitutional issues; rather, there’s an interesting issue that develops because of the petitioner’s claims regarding the unconstitutionality of the income tax. The amount of tax is dependent on when one of the petitioner’s relatives passed away. The Court chooses to not believe the petitioner as to the date of death. As pointed out by the Court, “We need not accept self-serving testimony, even if unopposed.” Would the Court have felt this way had their been no constitutional issues raised? We don’t know, but making stupid arguments to a court and then trying to get them to rule in your favor isn’t a good idea.

Oh, yes; the petitioners also received penalties for failing to file a return, for failing to make estimated payments, and for taking a frivolous petition.

So, Virginia, do you still want to claim there’s no income tax?

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What’s Progress? A Semi-Balanced Budget.

As reported yesterday, California will soon have its’ new 2005-06 budget. Dan Weintraub, a columnist with the Sacramento Bee, reports on more of the specifics (missing from yesterday’s report).

Some highlights:

—Education funding increases, despite what you may hear from the teacher’s unions;

—The state is repaying the $1.2 Billion it owes the cities one year earlier than scheduled. This will make local governments quite happy.

—The budget is balanced on paper. However, it’s balanced by using one-time funds. Thus, next year’s budget starts off $5 Billion in the hole.

So, let’s take the good with the bad. Given the makeup of the legislature, this is probably as good as one could hope for. Just remember that we’re still looking at a special election in November with a whole host of initiatives that have the potential to change the picture in Sacramento.

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Six Days Late, We Have a Budget

California’s legislature and the Governator agreed on a budget last night that, supposedly, increases spending (a little) without increasing taxes (or implementing new taxes). That doesn’t mean there won’t be new fees, including new court filing costs, and who knows what else buried in the fine print.

Until we see the actual budget, and the analysts’ reports on the budget, we’re better off not speculating as to whether it’s a good or bad deal. For now, look at it as a $117 Billion unknown.

Coverage: San Jose Mercury News (one-time registration required)

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Why You Spend the $4.42

I’m amazed that some of my clients don’t want to spend the $4.42 for certified mail (return receipt requested) when communicating with the IRS. Today the Tax Court released a case where a filing got misplaced in the mails; however, the petitioner’s law firm could show that because the filing was mailed using certified mail, the case will go on.

In the case (Grossman v. Commissioner, T.C. Memo 2005-164) the filing went astray, and instead of arriving at the Tax Court in Washington, ended up in New Jersey. The petition was received late. The IRS argued that it should be disallowed; the petitioner said we can’t be blamed for the Postal Service’s error.

Because the petitioner (really, his attorney) spent the $4.42, the case will go on. So the next time you just mail the filing, think twice.

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“Mr. Divorce” Guilty of Tax Evasion

A Campbell, California attorney who advertises as Mr. Divorce was found guilty of tax evasion according to this story in the San Francisco Chronicle (one-time registration required). Demetrious Eugenios made the mistake of going through a divorce from his ex-wife, Willow Eugenios. Ms. Eugenios alerted the government that Mr. Eugenios hid ownership of automobiles and other assets from the IRS. Sentencing is scheduled for October.

This case does remind us of one fact: ex-spouses are the leading source of tips of tax evasion to the IRS. I guess that’s something for Mr. Divorce to ponder….

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Let’s Raise Taxes….

They’re at it again.

The California Public Employees Unions are, according to this story in the San Jose Business Journal, gathering signatures on an initiative that would cause all non-residential property to be reassessed annually. While this would be a boom (temporarily) to local government—property taxes would increase—this would be devastating in the long-term to California.

If a business’s property tax bill increases, what will they do? Basic economics gives us the answer: the price charged will increase. If prices increase, demand decreases. Fewer sales in California. Fewer businesses in California. Instead of calling the initiative the “Tax Fairness Act” (the current title), the initiative should be called the “Nevada Full-Employment Act.”

This same proposal came to a vote a few years ago and was defeated by the voters. If it comes up again, it deserves the same fate.

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Psssst: I’ve Got a Secret…

After being gone over the weekend, I discover that the World’s Greatest Newspaper (the Chicago Tribune) ran a story on the infamous Kanter case. In this case, the US Tax Court’s Chief Judge apparently reversed the finding’s of the trial court judge—for no apparent reason. Earlier this year the Supreme Court ruled that the trial court’s ruling be made public. Under a 1984 Tax Court rule, the trial court’s ruling is not made public.

The Tribune has had two articles about this ruling. The first, on June 24th, features the classic line from Julie Roin, a law professor at the University of Chicago, “How could the tax court judges essentially lie about what was in the report?” The second article, on June 25th, has the comment of the current Chief Judge of the Tax Court, Joel Gerber, that no judge on the Tax Court will comment on the case.

You can find the Supreme Court’s decision here (the case is Ballard v. Commissioner).

Now, courts are supposed to have transparency in their actions. The Tax Court, today, doesn’t. Hopefully this ruling, and the associated publicity, will impact the Tax Court’s policies. I’m not holding my breath (again).

Thanks to the TaxProf Blog and Roth and Company’s Tax Updates for the heads-up.


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Define “Tax Evasion” and Win $10,000!

The above headline is not a joke. It seems that in Russia tax evasion may mean whatever the prosecutorgovernment wants it to mean. The recent Yukos case is a good example of this.

In any case, the Russian Presidential Administration is sponsoring a contest where the winner will receive 300,000 Rubles ($10,000) for defining tax evasion. The deadline for entry submission is apparently quite soon (and may have passed); the winner will be announced on July 1. Over 200 entries are expected.

Link: MosNews

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The Big Three?

When I was in graduate school, and being recruited to the Big Eight (no, not what is now the Big Twelve), I spurned them all. Can anyone name the big eight accounting firms from 1985? [Answer below]

We’re currently at a Big Four; however, one of the four, KPMG is in deep trouble. KPMG set up tax shelters in the late 1990’s. The IRS didn’t think they were legal. KPMG has now acknowledged that they weren’t legal. Oops.

I haven’t been covering this story, because others are doing a great job. (Why reinvent the wheel?) Most newspapers have had stories, including this story from Reuters and this story from the New York Times. The blogosphere is also delving into this: The Tax Professor Blog has a roundup. Roth Tax Updates is also covering the subject.

I remember when Arthur Andersen went away. While I doubt the government is stupid enough to indict KPMG, it wouldn’t surprise me. Is the entire firm guilty? Of course not—just a few partners. But if I were a new college graduate, I wouldn’t want to work at KPMG.

Whither the Big Eight:
Arthur Andersen: Dead, 2002 (US “won” in court in a case that was recently overturned).
Arthur Young: Merged with Ernst & Whinney in 1989 to form Ernst & Young.
Coopers & Lybrand: Merged With Price Waterhouse in 1998 to form PriceWaterhouseCoopers.
Deloitte Haskins: Merged with Touche Ross in 1989 to form Deloitte Touche.
Ernst & Whinney: Merged with Arthur Young in 1989 to form Ernst & Young.
Peat, Marwick & Mitchell: Merged with KMG (Klynveld Main Goerdeler) Main Hurdman in 1986 to form KPMG Peat Marwick (since shortened to KPMG).
Price Waterhouse: Merged with Coopers & Lybrand in 1989 to form PriceWaterhouseCoopers.
Touche Ross: Merged with Deloitte Haskins in 1989 to form Deloitte Touche.

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