Taxable Talk

From Russ Fox, E.A., of Clayton Financial and Tax of Irvine, CA
All items below are for information only and are not meant as tax advice.
Please consult your own tax advisor to see how each item impacts your own situation.
Vox Blogoli 2.2: Whither the GOP
Hugh Hewitt asks, "Does the Senate GOP go McClellan or Grant if Harry Reid goes "Gingrich?" This is a lot more important than just pure politics, which is why I'm responding in a tax blog.

First, for the non-Civil War buffs, General McClellan was the first Union Commander of the Army of the Potomac, and was (at best) wishy-washy. General Grant, on the other hand, successfully led the Union and defeated the Confederacy. He might have been an alcoholic, and had other personal problems, but he knew how to lead.

Now, why is this important for tax policy? Let's assume that the judicial nominees make it out of the Judiciary Committee (a safe assumption), and come to a vote on the Senate Floor and the Democrats filibuster (another safe assumption). Now, Senate Majority Leader Bill Frist has said he will go nuclear: interpret the Senate rules so that judiciary votes cannot be filibustered. Senate Minority Leader Harry Reid has promised, if this occurs, to shut down the Senate. This, if it were to occur, would cause budgeting and tax issues to grind to a halt (which is why I'm interested).

I'm all for the nuclear option, if the Senate Democrats filibuster. In the long-term, this will work for the GOP. The Democrats will be seen (by most of the public) as the party that shut down government, caused benefits to vanish, etc. This will lead to the Democrats getting further marginalized. (Remember what happened when Newt Gingrich shut down the government back in the Clinton years?)

Unfortunately, that's not what I think will happen. No, I don't think the GOP will go McClellan; rather, I expect a compromise. The Democrats don't want the long-term damage. So the Democrats will say to the GOP, "We'll allow votes on half the nominees." And the Republicans will acquiesce. There are enough GOP Senators who don't want to disturb the "Gentleman's Club" of the Senate.

I don't think that's like General McClellan (although it's much more like McClellan than Grant). Unfortunately, I don't know any Generals best known for compromising. Probably a French general....
Online Poker: North Dakota's New Revenue Source?
North Dakota HB1509 would license Internet poker within the state, with the hope of tapping a new revenue source. According to North Dakota House Representative Jim Kasper, the bill could bring $500 million to the state. The bill passed the North Dakota House by a vote of 49 to 43 and is now waiting action in the North Dakota Senate Judiciary Committee. In order for the bill to take effect, a concurrent measure (House Concurrent Resolution 3035) must be approved by North Dakota's voters. So is this a promising new source of revenue or is all of this just wishful thinking?

The bill, if passed, would impose a $10 annual license fee for each player and a sliding scale of tax rates to the Internet poker sites ranging from 8% of revenues to 1/4%. Given that Internet poker is currently raking in at least $2 Billion per year, Representative Kasper's projections seem reasonable.

If only it were legal.

A couple of years ago, legislators in Nevada got the same idea: why not license online gambling sites and then we can get some of the revenues that are now flowing to Costa Rica and the Caribbean. The Nevada legislature passed the bill and it became law. Only one problem: the US Department of Justice told Nevada that it was illegal. While the law is still on the books, Nevada has shelved the idea of hosting online gambling sites.

Back to North Dakota. Assuming that this measure becomes law (and given the close vote in the North Dakota House, this might not happen), Representative Kasper states that North Dakota will fight the US. Yeah, really. Legally, poker is a form of gambling—not a game of skill. According to Chuck Humphrey's website on gambling law, courts have held that poker is not a game of skill. As such, the Wire Act would probably prohibit the licensing in North Dakota of an online gambling site. Mr. Humphrey has an article on his website detailing the proposed North Dakota statute and its' likelihood of raising revenues for the state.

Frankly, this seems like a whole bunch of hot air to me. In fact, its more likely that the US Congress will pass a law banning online gambling (Senator Kyl will be introducing such a bill soon) than North Dakota ever having a licensed online Internet poker site.

Related Posts (on one page):

  1. Poker Strikes Out in North Dakota
  2. Online Poker: North Dakota's New Revenue Source?
Let's Increase Taxes.
Assemblywoman Wilma Chan (D-Alameda) introduced AB6. This would increase the state's top income tax rates by 0.7%. Most Californians would pay 10% income tax rates under this bill, up from 9.3%. This bill does require a 2/3 vote, and passage and signing by the Governator is most unlikely. But that this bill was even introduced tells one what the Democrats think.
Do As I Say, Not As I Do
The New York Times has for years editorialized against corporations "abusing the Tax Code." But does the Times practice what they preach? Of course not— that would be fiscally irresponsible.

As Allan Sloan reports in today's Washington Post (hat tip: Captain's Quarters), the New York Times is taking full advantage of Section 338 of the Code in its' $410 million purchase of About.com. As Mr. Sloan reports, Lehman Brothers' tax expert Robert Willens puts the savings at about $160 million over 15 years.

The Times has liberally noted the "abuse" of the system by corporate America. For example, on January 30th the Times editorialized against Johnson & Johnson using a section of the Code to bring foreign profits back into the US at a lower tax rate. Indeed, a search I ran of the Times's editorials and op-ed pieces from 1986 to the present found 84,425 hits for "corporate tax abuse." Admittedly, many of these will deal with scandals such as Enron; however, can anyone really dispute where the Times stands on this issue?

I have no problem with the Times taking advantage of any part of the tax code (I want my own clients to take every possible legal deduction and credit). However, the Times should change their hypocritical editorial stance on corporate tax abuse. Or their next editorial should be, "Times Abuses the Tax Code."
Brain Drain?
Today's Orange County Register editorializes on a brain drain [registration required]: the high cost of doing business in the Golden State has led corporate planners to locate elsewhere.

I wrote last week that liberals would like California to increase taxes to businesses. A good friend of mine chided me on my "anti-liberalism." Actually, I believe that many of the programs that liberals love are good; rather, these programs should never be run by the government.

Government cannot and should not be the end-all for everyone. If liberals had their way, corporations would pay 20% state income taxes (or more) to fund their programs. California's liberals need to learn basic economics. If you increase the price of a good through taxes, the demand goes down.
Let's "Improve" California's Business Climate by Raising Taxes
That's what syndicated columnist Thomas Elias suggests in today's Pasadena Star-News. That's not how Mr. Elias puts it; rather, he states that increasing property taxes on businesses is the "obvious solution" to California's budget problems.

It's not.

The obvious solution is to cut the size of the state budget, to decrease government programs across-the-board, and change the mentality from the government as welfare state to government is the last resort. Our money does much better in our pockets (the taxpayers) than in the government's.

According to the Tax Foundation's business climate survey, California ranks 38th of the 50 states. Another survey ranks California 46 of the 50 states and the District of Columbia for small businesses.

What happens if property taxes increase? Rents increase. Business profits decrease. Other tax collections (income tax, payroll tax) decrease. Eventually, fewer businesses are in California, and the cycle continues.

So let's increase property taxes and improve Nevada's (and Arizona's, Oregon's, etc.) business climates.

Related Posts (on one page):

  1. Brain Drain?
  2. Let's "Improve" California's Business Climate by Raising Taxes
If It Sounds Too Good to be True...
...It usually is.

The New York Times today has a story on tax shelters (free registration required). It's good reading, and brings up the basic issues that you need to consider about any tax shelter:

- Is there a purpose (other than sheltering tax) behind the transaction?
- Do you understand the transaction?
- Can you explain it to your spouse or best friend?
- Do you have independent professional advice on the transaction?

If the answer to any of these questions is "no," get professional advice and reconsider the transaction!
Stupid Budgeting Trick
This evening I attended continuing education (required for professional tax preparers) and heard about changes in California tax law. As I was reading the material, I thought there was a typographical error on one item:


"Seventy-five percent of punitive damage awards adjudicated by June 30, 2006 (filed after August 15, 2004) must be paid to the state."


My first thought in reading this is that California passed a law enacting a 75% tax on damages and I never heard a word about this, even from the trial lawyers? Then I asked myself how many lawsuits filed after August 15, 2004 will be resolved through a court judgment by June 30, 2006? The answer is easy: 0. The court system in California is so backed up it takes, on average, five years for a case to reach trial.

So why was this provision passed as part of last year's budget? As I found tonight, it was the only item that the Governor and the legislature agreed to on the first go round of eliminating the $8 Billion deficit. On paper this provision added $450 Million in revenues to the state. Of course, all parties knew that this was just a budgeting trick, and that no revenues would ever come through this tax. I wonder what other similar items are out there — but I probably don't want to know.
Tax by the Mile?
Over the past few months, there have been stories (trial balloons?) on replacing the gasoline tax with a "per mile" road tax. As this story from CBS notes, Oregon is testing the idea. For a large number of reasons, this is a bad idea that is likely doomed to failure.

[Click on "Show" to read the rest of the story]

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We Get Noticed
Thanks to Roth & Company's Tax Notes for noticing this blog. I especially like the pictures from Newport Beach (taken before the rain of Friday & Saturday) and the snow in Des Moines.

By the way, I heartily recommend their Tax Notes. It's an excellent forum, with good commentary.



California's Tax Amnesty
For those who didn't file, or those that California thinks didn't file, there is a tax amnesty underway. To accountants' dismay, the filing period is concurrent with the tax season (February 1st - March 31st). An excellent article on the amnesty is available here.

If you receive a letter from the Franchise Tax Board, don't throw it away! This means that they think they didn't receive a filing (or there is some other situation). Contact your tax professional immediately.

We strongly recommend that you keep your tax filings forever. Although California's statute of limitations is four years (the IRS's is three years), California does not have a statute of limitations on debt collection.

I'll be writing more about California's amnesty program in the near future.

Related Posts (on one page):

  1. Un-Amnesty
  2. California's Tax Amnesty
HSAs: Will California Conform
Health Savings Accounts (HSAs) are an excellent vehicle for saving money on health care and have tax advantages for your Federal tax returns. But California has yet to conform and, based on last year's experience, probably won't.

According to this article in the San Francisco Chronicle, State Senator Abel Maldonado has reintroduced legislation so that California conforms to Federal law. We'll hope that the bill passes (you can follow the progress here), but we're not holding our breath.
Board of Minutes and Resolutions (Scam Alert)
Having returned from four days in computer netherworld, I ventured to get the mail from my PO Box and found a letter from the "Board of Minutes and Resolutions, Compliance Division." For just $175, this "Board" promises to do your annual compliance filing (in California, that's with the Secretary of State's office; in other states, the Board of Corporations handles this function). If you do it yourself, it costs $25.

It's a scam, of course, in probable violation of several California statutes -- The fraudulent use of corporate ID numbers; Language designed to frighten recipients into acting quickly; Language designed to convince recipients that their service is necessary to maintain compliance with state regulations when it is not; Lack of a true physical address where the business is located on the solicitation form; and
Fraudulent use of multiple private mail box drops to make it appear that they are a government agency.

When you receive an invoice that you aren't expecting, make sure it's real. In this case, the envelope noted it was mailed "Standard" rate (formerly bulk rate).

Incidentally, I found lots of information on scam.com -- a good source for future reference.

-- Russ

Related Posts (on one page):

  1. It's Renewal Time, So Here Comes the Scam
  2. Board of Minutes and Resolutions (Scam Alert)
Farrago a la Evasion
Our thanks to Roth & Company's Tax Updates for this article to a Tax Court decision on a frivolous appeal, or, as the Tax Court put it:


Petitioner filed a timely petition in which he sets out a farrago of nonsense as to why the notice of deficiency is invalid and he does not owe the tax determined.


From Special Trial Judge Powell of the Tax Court, in Currier vs. Commissioner, T.C Memo 2005-21.

Farrago, according to www.dictionary.com, means "an assortment or medley; a conglomeration."

Oh, Currier lost the case.
Flat Tax
Does anyone believe our tax system is fair and easy to comprehend? I'm a professional tax preparer, and there are sections of the Tax Code that I don't understand completely (when I run across such an issue, I get help).

Even though it would probably eliminate a good portion of my business, I'm in favor of a fair flat tax. So is Alabama's Richard Shelby who, according to this story in the Tuscaloosa News plans on reintroducing it in the Senate.

It's doa in Congress, at least for now.
"Fired" Judge Gets Last Laugh
If you're ever in court, hopefully you won't insult the judge. It might come back to bite you.

According to the Arlington (TX) Star-Telegram, Charles Ford and his wife Bivian Brumley were found guilty of tax evasion. Presiding at the trial was US District Court Judge John McBryde. During the trial, Ford and Brumley told the judge and the bailiff, "You're Fired."

Any bets on them receiving the maximum sentence (sentencing is May 20th)?
The Times' Bias
I no longer subscribe to the Los Angeles Times. The Times still has some solid points in its' favor: a great sports section, and excellent coverage of the entertainment industry. But the bias in its' political coverage is rampant.

Take this story (registration required), where George Skelton says, "...Finance Director Tom Campbell left open the faint possibility of a tax hike." But that's not what he really said: "...my strong advice would be that [tax hikes] would be a mistake. But I really think that is where the debate is likely to be."

This article, which did not appear on the op-ed page, repeats the standard Democratic line: "[The] 'reform' governor cuts benefits for the elderly poor, welfare moms and the disabled who need home care â€" while protecting corporations and rich folks against higher taxes." Republicans, of course, take a different view; the money taken by taxes would be much better if kept in our own pocketbooks.

I don't have a problem with the Times having a bias. I have one (if you hadn't noticed). But I present my posts as commentary. In a newspaper, articles are supposed to be unbiased. Perhaps that's why the Times' circulation continues to plummet.

Mississippi Gambling Taxes May Increase
One of my practice areas is gambling. It appears that the Mississippi legislature is looking at increasing taxes on casinos, according to this report in the Casino City Times. This will probably be good news for Louisiana's casinos.
Thompson Convicted on Tax Evasion Counts
The "tax honesty" movement claimed that you didn't have to pay US income taxes because the IRS was misapplying the law.

Al Thompson was the leader of one group of protesters. Note the use of "was." His new home will be a Federal institution.

I remember when I hired someone who believed that he didn't have to pay Federal income tax. He gave me a bunch of forms before he started on his first day, and told me that the income tax was illegal. I showed him to the exit door.

Article: Taipei Times.
What Causes Deficits: Not Enough Taxes or Too Much Spending?
It can be both, of course; however, the National Taxpayers Union says of the Federal budget deficit, it's too much spending. While Nancy Pelosi states that President Bush and Congressional Republicans have, "completely abandoned fiscal responsibility," the National Taxpayers Union has a different view.

"Our review of the numbers shows that if Congress had exercised even very modest spending restraint over the past half dozen years, we would have no deficit problem today," said NTU President John Berthoud.

In this article, Berthoud is quoted that if spending growth had been limited to 3.2%, there would be a surplus.
RALs, and Why They're Bad
I don't often agree with Bill Lockyer, California's Attorney General, but I absolutely agree with his view of RALs (Refund Anticipation Loans). These are available from tax preparers and allow you to get your refund "instantly." There's only one problem with the loans: interest rates that can reach 700%. They're a good deal for everyone but the recipient.

Lockyer is quoted in this article in the Sacramento Business Journal.
Federal Budgeting Isn't Much Better...
Below, I comment on California's bankrupt budgeting process. According to this report from the Heritage Foundation, the Federal budgeting process is only slightly better. Among the points made in the report is that the budgeting process has a bias towards increased spending and increased taxes.

I didn't need a report to tell me that.
And California's Rich Aren't Taxed Enough
That's the Democrats' view, in this article in the Los Angeles Times. The article says that because of Proposition 13 limits on property taxes (properties are not reassessed until a change in ownership), California loses tax revenues.

It's true.

It's also true, but not stated in the Times, what the impact would be if this proposal were to pass. Fewer investments in California. Fewer jobs. Higher prices. As noted, California is already one of the most expensive places to do business in the US. But it's not enough for the left.

Related Posts (on one page):

  1. Federal Budgeting Isn't Much Better...
  2. And California's Rich Aren't Taxed Enough
  3. California's Bankrupt Tax System
California's Bankrupt Tax System
If you run a business, you need to turn a profit in order to stay in business. If you have a non-profit, your revenues and expenses need to balance. But if you're the Federal Government, you can have a deficit: you just print more money. Not the State of California, though; under California's constitution, budget deficit's aren't allowed (laugh).

Of course, if you live here you know of our budget deficits, and the borrowing that has allowed "balanced" budgets. Now the Legislative Analyst has issued a report, Revenue Volatility in California, that California's tax system is a mess.

Any bets on the Democratic legislature paying attention to the report?
Why This Blog
After reading Hugh Hewitt's Blog, starting a blog for Clayton Financial and Tax became a necessity, not a project for "tomorrow" (whenever that is). There are already some excellent blogs covering taxes (see the blogroll on the right--if yours isn't included, email me a link and I'll add it on), but only the Leonard Letter looks at taxes from a California perspective. My goal is to focus on taxes and how they impact what we, as citizens and taxpayers, get to keep in our pockets.

Inevitably, this means that I have to look at the politics behind taxes. An example is a proposal currently in front of the city council of Los Angeles which would increase the sales tax from 8.25% to 8.75% (the proposal failed to make it on the ballot by one vote). If this proposal were to pass, then business would increase in nearby cities (e.g. Burbank) because prices would be less expensive than in North Hollywood (part of the City of Los Angeles). That's a positive for Burbank, but a negative for Los Angeles. Additionally, if prices increase in Los Angeles (they would), then sales will decrease.

I'll also be looking at humorous tax events. Tax cheats, tax evaders, and humorous taxes are all fair game. And if I get wind of a politician saying things like Linda Stubbs of Middleton, Ohio, you will hear about it.
Who Is Russ, Anyway?
Russell Fox is the principal of Clayton Financial and Tax. Russ has been in financial management and tax for over 22 years, and has previously served as a CFO for a dot-com. Russ received his MBA from the University of Southern California and his BS from the University of California, Berkeley. Russ is an Enrolled Agent and a member of the National Association of Enrolled Agents, the California Society of Enrolled Agents and its' Orange County Chapter.

Russ formed Clayton Financial and Tax in 1999, and has been serving the Orange County area since then. His tax practice has two specialty areas: small corporations (typically Subchapter S corporations) and gambling. He is accepting new clients and can be reached, by email, at rcfox at claytonservices dot com.