If at First You Fail…

Fail, fail again.

Yes, I know that’s supposed to be “try, try again.” But for this story, “fail, fail again” is so much more appropriate.

>From the Baltimore Sun we have the story of John Baptist Kotmair, Jr. Back in the early 1980’s, Mr. Kotmair served two years for (what else) income tax evasion. One would think he would learn his lesson.

He didn’t.

The Justice Department accused Mr. Kotmair and his foundation, the Save-A-Patriot Fellowship, of selling tax fraud schemes. His home study program only costs $295! What a deal! Your first year of membership in the fellowship is only $700—get it now, it won’t last at this price (or any price, if the DOJ gets an injunction).

Mr. Kotmair, who is 70, probably won’t get a third chance to fail. Luckily for prosecutors, Mr. Kotmair’s son is active in the organization and already has one conviction to his name.

On a serious note, the usual rule applies: If it sounds too good to be true, it usually is.

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A New (Generally Dumb) Rule

Here’s some text you will be seeing if you get any emails from your EA or CPA (and will probably be in every tax article you read):

This opinion is limited to the one or more Federal tax issues addressed in the opinion. Additional issues may exist that could affect the Federal tax treatment of the transaction or matter that is the subject of this opinion and the opinion does not consider or provide a conclusion with respect to any additional issues. With respect to any significant Federal tax issues outside the limited scope of this opinion, the article was not written, and cannot be used by the taxpayer for the purpose of avoiding penalties that may be imposed on the taxpayer.

As a professional tax preparer, I’m governed by Circular 230 [link is to the revised rules for Circular 230 that go into effect on June 15th and requires Adobe reader]. New rules, in Sections 10.35-10.37, govern what I must state whenever I send a client a “limited opinion.” According to several attorneys lecturing at the SuperSeminar, an email to a client is considered a limited opinion. Under the new rules, the language (above, in bold) must be used. It must be in bold, and in a font larger than the other text (since I use, in general, text [non-html] email, neither bold nor a larger font is possible).

This is mothering taken to the extreme.

While the intent is good—the IRS naturally wants people to pay their taxes—this will end up like The Boy Who Cried Wolf. It will soon be ignored.

Now, for material opinions, a whole other standard applies. This applies (basically) to the Big 4 accounting firms and some law firms.

Anyway, now you know my feelings about this.

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A SuperSeminar

This past week I attended the CSEA’s SuperSeminar in Las Vegas. Normally, continuing education seminars are dreadful events—dates on my calendar that I want to avoid.

This one was very different. I learned a whole bunch of new things (which is good) and met some great people. All-in-all, a wonderful use of my time.

I’ll be posting quite a few items, including the next post which is about a “mothering” rule. Next time, though, I’ll take my laptop so I can post some.

Posted in Taxable Talk | 2 Comments

Not So Brilliant Ideas (Part 2)

Maybe it’s something in the water. But somehow we must look again to what is now apparently the hotbed of tax evasion: Cincinnati, Ohio. A federal jury in Cincinnati found “expert” tax preparer Walter Daulton guilty of assisting in the preparation of fraudulent income tax returns, according to this story on etrucker.com.

Mr. Daulton, who specialized in preparing tax returns for the trucking industry, apparently advised his clients to claim expenses for the mundane. Like putting a tarp of over a truck’s trailer. (Now, the cost of the tarp is a valid business expense. However, you can’t deduct the value of your time when you use the tarp.)

According to the US Attorney, the goal of Mr. Daulton was to make the deductions come to a desired result, no matter whether the deductions were actually incurred. Mr. Daulton faces up to three years in prison for each of 18 convictions.

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Not So Brilliant Ideas…

A man in Cincinnati, OH came up with a great idea (or so he thought). He decided to sell income tax evasion kits. Somehow the IRS and the Department of Justice didn’t think it was a great idea. Yeah, they’re a bunch of sore losers.

The Department of Justice took the man, Dana Ewell, to civil court (he did avoid criminal court, so he won one battle). According to this story in the Cincinnati Enquirer, a permanent injunction has been entered into. So the world will have to do without the Liberty Pure Trust, the Liberty Action Pack, the Organic Sovereign Freeman Compendium and the Onshore, Offshore, International Investment Opportunity.

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Firemen 1, Police 0

Orange County Firefighters won their first court battle over an initiative (assuming no court losses, it will be on the June 2006 ballot) that would distribute about $80 million in taxes to firefighters that currently go to the Orange County Sheriff and the Orange County District Attorney’s office. According to this story in the Orange County Register (one-time registration required), the sheriff’s union will appeal. As an aside, firefighters for the Orange County Fire Authority are some of the best paid in the country. It doesn’t take much thought to figure out why the firefighters want to pass this measure….

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“I Say Yes, You Say No…”

The IRS recently ruled that bonds, in order to be tax free, must be for “essential government functions” only. Bonds to help in the building of an Indian casino resort (at Fantasy Springs Casino near Palm Springs) didn’t make the cut. The IRS is going to be going after the bondholders for taxes.

So what does our state legislature do? It passes, out of the Senate Revenue and Taxation Committee, SB995. This bill would grant Indian casinos tax exemption (for California tax returns) on such bonds.

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IRS Flunks Audit

>From the TaxProf Blog, a Washington Post story shows that the IRS spends 60% of its funds for a tuition reimbursement program on administrative expenses. That’s 40% for tuition reimbursement. The IRS, of course, reminds us taxpayers that “Charities scams are high on 2005 dirty dozen tax list.” Hmmm, maybe the IRS can add its own name to the list and we’ll have a baker’s dozen on the 2005 list.

Hat tip: TaxProf Blog

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San Diego’s Mayor Resigns

Dick Murphy, mayor of San Diego, announced that he is resigning effective July 15th. His resignation is a direct result of San Diego’s abysmal financial condition, as I noted earlier.

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The IRS Can Tell The Difference Between $14,885 and $200,000

Suppose you’re in court testifying in a civil case. You’re asked what your income is. You tell the truth (of course, you’re under oath) that you make $200,000. No problem, right?

Unless your tax return says you made $14,885. And the IRS discovers your testimony. Even I could probably get a conviction for tax fraud (and I’m not an attorney). And, to make matters worse, you’re a “juicy” target, a former politician.

So it goes for the former mayor of Azusa, a Los Angeles suburb. Stephen Alexander was convicted on Friday of tax fraud and faces up to three years in federal prison when he’s sentenced in June. The story appears in the Los Angeles Times (one-time registration required).

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