Archive for August, 2010

Guess Who’s Coming to Dinner!

Monday, August 30th, 2010

Our favorite convicted tax felon has made the ballot in Ohio. James Traficant has seven signatures more than required and will be running as an Independent for Congress in Ohio’s 17th Congressional District. The Mahoning County Board of Elections will reportedly meet today and approve his name to be on the ballot; the Trumbell County Board of Elections will meet later this week and do the same.

For those who don’t remember the bombastic former Congressman and convicted felon, James Traficant was known for one-liners; “Beam me up” was one of his favorites. Back in 2002 he was indicted on federal corruption charges. He was convicted of ten counts including bribery and tax evasion. He was released in 2009.

Somehow this Congress deserves to have Jim Traficant. I’m not sure the American people do, though.

No Progress in California Budget; May Soon Impact Tax Refunds

Monday, August 30th, 2010

There’s nothing new to report on the California budget. The unstoppable force has collided with the immovable object, and nothing’s happening for now. California Controller John Chiang is warning that he will soon be forced to issue registered warrants (aka IOUs).

This brings up an interesting issue. Assume you’re a California taxpayer (or a professional who prepares California tax returns). You’re waiting for that last Schedule K-1 to file Aunt Hilda’s tax return. However, that K-1 won’t be in your hands until September 20th or so. Aunt Hilda’s going to get a large California refund; the amount of the refund won’t change based on the K-a. Should you file the return now (and amend the return to report the K-1 when you receive it) so that Aunt Hilda can get her refund before California starts to issue IOUs, or should you wait?

Normally, it’s almost always correct to wait: You don’t want to amend a return unless you have to. However, if Aunt Hilda needs her money it may be right to file that return today so that she can get the refund (rather than an IOU). This is especially true if you believe that the K-1 won’t have an impact on the final numbers of her return.

One thing is certain, though: The budget mess will start to have an impact on many Californians soon. It will be interesting to see if that forces a change on either the unstoppable force or the immovable object.

Can I Add Some Snake Oil to that Pension Plan, Too?

Monday, August 30th, 2010

If I were a business owner, wouldn’t I want this wonderful pension plan? Under this plan, I’d (a) be able to turn personal expenses into deductible pension contributions; (b) the pension plan would only cover me (and my family), not those pesky employees; (c) I’d be able to change (through alchemy, perhaps) my salary into a pension plan contribution, and then get this back through a phony loan; and (d) even the down-payment on my condominium could be considered a deductible pension plan contribution.

The only thing missing is the snake oil.

Last week, the US Department of Justice sued a Pasadena (California) man who allegedly promoted this scheme. The DOJ sued William Alexander, and his two businesses, Retirement Plan Services Inc. and Lyons Pensions Inc. The government is asking that they be barred from promoting such pension schemes. The government estimates they’ve lost $30 million in tax revenue from Mr. Alexander’s pension plans.

There are many good choices for retirment plans. However, if someone comes to you and tries to sell you on such a wonderful scheme like Mr. Alexander’s, run (don’t walk) in the other direction.

Paying Taxes with Phony Money Isn’t a Good Idea

Monday, August 30th, 2010

If you owe money to the IRS, I recommend you pay with US Dollars. Of course, it’s not only a recommendation; it’s required by law. Still, once the Bozo contingent gets involved, you never know what will happen.

So I’m reading a story about a dentist from Glen Mills, Pennsylvania who allegedly decided to pay his taxes with “bonded promissory notes” (whatever those are). Now, this rings a bell: I recall reading something just like this in the last week. Joe Kristan noted a Tax Court case where an individual rather unsuccessfully tried to pay his taxes with pretend bonds. Not only was the Tax Court unimpressed with that idea, they fined the Bozo $15,000 for a frivolous appeal.

In any case, the dentist, Richard Kaufman, has also been accused of claiming he had $7 million in tax withheld in 2008. Add to this the aforementioned promissory notes (to the tune of $10 million), allegedly moving his house into the names of various nominees to hide it from the IRS, and supposedly not filing an accurate tax return since 1991 and you have a heap-load of problems. Dr. Kaufman is looking at a lengthy term at ClubFed and a fine of up to $1.4 million if found guilty on all charges.

Unladylike Behavior or Election Year Politics?

Thursday, August 26th, 2010

Earlier this week California Attorney General (and Democratic candidate for Governor) Jerry Brown filed a $34 Million lawsuit against the Roni Deutch Law Firm. Ms. Deutsch (who has a tax blog) and her law firm focus on representing taxpayers in Offers In Compromise. Her firm is one of several that have television infomercials. From the press release of the California Attorney General:

“Tax Lady Roni Deutch is engaged in a heartless scheme that swindled people with tax problems,” Brown said. “She promises to significantly reduce their IRS tax debts, but instead preys on their vulnerability, taking large up-front payments but providing little or no help in lowering their tax bills.”

Deutch manufactures credibility by boasting that her tax resolution law firm, which has annual revenues of at least $25 million, is the largest of its kind in the nation. She spends $3 million a year on advertising, much of it on late-night cable TV, and frequently offers tax advice on NBC’s Today Show, CNN, and CNBC.

Desperate debtors turn to Deutch based on her misleading ads that feature fictional testimonials claiming she secured large reductions in the featured clients’ federal tax debts.

However, Ms. Deutch has a very different view of the lawsuit. Her response appeared on her tax blog today, where she stated:

I believe the California Attorney General’s civil complaint against my law firm and me to simply be election year politics. My law firm has been representing taxpayers before the IRS for almost 20 years. We have saved thousands of people tens of millions of dollars. And I have fully cooperated with the California Attorney General’s Office over the past few months. As a result, I am very disappointed in their decision to file a complaint, but I look forward to a full and fair airing of this matter in a court of law where my law firm and I will aggressively and vigorously defend the claims against us, and I am absolutely confident we will prevail.

For the record, I’ve had clients who have come from firms where they can settle for “pennies on the dollar.” Sure, some truly destitute individuals do get such offers through the IRS bureaucracy; however, most individuals do not. Many of these firms require extremely large up-front payments before they will do any work on your behalf. (I have never had a client come to me from the Deutch firm, and I have no idea if that is the case for them or not.)

Mr. Brown is locked in a very tight battle with Republican Meg Whitman to be the next governor of the Golden State. Time will tell whether this lawsuit had basis in facts or electioneering.

That DUI Wasn’t a Good Omen

Wednesday, August 25th, 2010

A week ago I wrote about former Louisiana State Senator Charles Jones. Just before his retrial on tax evasion, he was cited for driving while under the influence. That apparently wasn’t a good omen for Mr. Jones.

His trial was last week, and the jury began deliberating on Monday. After three hours, they found him guilty of all three counts of tax evasion. The IRS and Department of Justice showed, to the satisfaction of the jury, that Mr. Jones evaded taxes on about $750,000 of legal fees (around $190,000 of taxes). Mr. Jones will be sentenced in December.

Still Time for NOLs

Wednesday, August 25th, 2010

There’s still time to claim your (up to) five-year carryback on a Net Operating Loss (NOL). You have until October 15th to claim this for losses from either 2008 or 2009. Joe Kristan has more.

On the Whole, I’d Rather Not be in Philadelphia

Monday, August 23rd, 2010

Suppose you are a blogger that accepts advertising, and you reside in Philadelphia. You make $10 a year from the small blog advertisements you accept. It’s not much, but it’s something…until you get the bill from the City of Philadelphia for $300.

Philadelphia has a Business Privilege Tax that requires a license. A lifetime license costs $300; you can also buy a license for $50 a year. You will then also have to file the BPT returns each year and pay any tax owed. For the small-time blogger, it probably makes sense to avoid selling advertising as your $10 of profit just became at minimum a $40 loss.

Is Philadelphia within its rights to require a blogger who sells advertising to obtain a business license? Certainly. Overall, does it make sense? Well, that should be obvious.

Of course, Philadelphia is taking this one step further. The City of Brotherly Love requires a BPT license for, “any business…engaged in a for-profit activity in the City of Philadelphia.” So if you are a blogger in Philadelphia and set aside space for advertising on your blog but don’t sell ads, in the view of Philadelphia you need a BPT license. It’s not clear if Philadelphia is enforcing that part of their BPT yet, but they could.

There’s a solution, of course: move. If the City of Philadelphia has a bad tax structure, consider a nearby suburb. Unlike W.C. Fields, you may be far better off not being in Philadelphia.

Alabama Highest in Sales Tax Rates

Monday, August 23rd, 2010

If you don’t want to pay sales tax, go to Delaware, Montana, New Hampshire, or Oregon. On the other hand, if you like high sales taxes, head to Alabama. That’s the crux of a report issued by the Tax Foundation.

The report ranks the 25 largest cities by sales tax. Not surprisingly, Portland, Oregon has the lowest tax rate among cities with populations over 200,000 (0%); however, it’s not one of the 25 largest US cities. For those, you need to head to either Detroit or Baltimore (6%). On the other hand, Los Angeles and Chicago are on top at 9.75%. In cities with populations of 200,000 or more, Irvine ranks 26th at 8.75%. On top at 10% are Birmingham and Montgomery, Alabama.

It’s just a reminder that not only do we pay income tax but we must all pay a host of other taxes. Sales tax is the most obvious, but our government today bombards us with a host of ‘user fees’ that are just disguised taxes.

Financial Advice from Zsa Zsa Gabor

Monday, August 23rd, 2010

Zsa Zsa Gabor has led a long and interesting life. From the UK Telegraph, here are a couple of her one liners:

I learned in school that money isn’t everything. It’s happiness that counts. So Momma sent me to a different school.

I am a marvelous housekeeper. Every time I leave a man I keep his house.

There’s more in the short article–it’s well worth your perusal.