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.
The Renaissance Is Dead
"Renaissance, the Tax People", was, as I previously reported, a multi-level marketing firm specializing in tax. That was the legal part of the business. The illegal part, according to the Department of Justice (and the six individuals who have pleaded guilty to various charges to date) was how it lowered taxes for its clients.

If you used the Renaissance system, you could deduct personal expenses as business expenses! And you could have gotten this system for just $300 to $1200, plus another $100 per month! What a deal!

Just one major problem with that...you can never deduct personal expenses as business expenses. That's fraud, and that's what the Renaissance founders promoted.

The latest to plead guilty is Renaissance's former National Marketing Director, Todd Eugene Strand of nearby Murrieta, California. Mr. Strand admitted that he falsely assured customers that the program was legal. He also agreed that Renaissance defrauded customers of $75 million, and caused a tax loss to the United States of $20 million.

Mr. Strand is looking at a few years at ClubFed, and a possible fine of $500,000. He'll be sentenced in January 2008.
Put Not Your Trust
I'm a big fan of Rex Stout, the creator of fictional detective Nero Wolfe. Murder by the Book is prototypical Stout, and is one of my favorites. As a published author, I've gotten to see some of the workings of the publishing industry. The plot in Murder by the Book centers on an unpublished novel titled Put Not Your Trust. And that's where this tax story begins.

Most Americans believe they pay too much in taxes. High income taxpayers think this too. Many find themselves investing in various schemes in an effort to lower their taxes. Sometimes they pay more in fees than they will save in taxes. One of the most popular vehicles—but definitely one that needs to be carefully explored—are offshore trusts.

The idea is to take taxable income and turn it into nontaxable income. Usually these trusts are found in tax havens such as the Cayman Islands or the Isle of Man. Promoters promise the moon, but remember my old adage: if it sounds too good to be true, it probably is.

Americans are taxed on their worldwide income. If you have an offshore trust, it may not file documents with the IRS. But if you look at Schedule B, you will note that there's a question that asks if you are the grantor of an offshore trust. If you are, you need to report it (in most cases).

Ah, you'll just ignore that bit of tax law; the IRS will never catch you. Warning: you've just committed a felony. Of course, the IRS might not catch you, but you won't be happy if they do.

The IRS goes after promoters of these sham trusts. Victor Carlysle Sullivan, Jr. of Albany, GA is the latest to find this out. Sullivan charged between $5,950 and $49,500 to invest in these trusts. He's just been barred from promoting or organizing any more of them. And he has to send the names and social security numbers of his clients to the IRS. If you're one of his "lucky" customers, expect a friendly neighborhood IRS agent to be knocking on your door in the near future.

So put not your trust in offshore trusts, because if it sounds too good to be true, it probably is. And Mr. Sullivan's customers will almost certainly wish they never heard of him. Oh, if you've never read Rex Stout's Nero Wolfe books, pick one up. You're in for a treat.
No Sale for Palfrey
Pity the poor madam escort service operator accused of being a madam. She has but one tangible asset, or so she says, a phone list of her well-to-do clients in Washington, DC. Why not sell the list to finance her defense?

The government, which alleges that Deborah Palfrey is really a madam, and accuses her of money laundering and racketeering (RICO), says that could damage their case. No sale, said Judge Gladys Kessler in Washington. And further, you can't start lawsuits against potential witnesses. Ms. Palfrey had filed one suit against one of her "escorts," and sued 15 other unnamed escorts. That lawsuit has been effectively stopped.

Meanwhile, Ms. Palfrey still plans to have an unnamed media group look at the 46 pounds of phone records (10,000 pages). Thankfully, it's not me. I'm seeing too many numbers in my day job as is.

The next hearing on the case is set for April 12th.

News Story: San Francisco Chronicle