Taxable Talk

It was a busy week for bozo taxpayers. There's one less bozo tax preparer to harm my profession, while two under-the-table business owners found out that cash income is just as taxable as checks.

First, we'll head to Dartmouth, Massachusetts. Daniel McElroy owned Daily A. King, a temporary agency that had lots of advantages. Their rates were better than their competitors...but for all the wrong reasons. It seems that Mr. McElroy used two shell companies so that he didn't have to pay the full amount of payroll taxes to the government. He also underreported his payroll to his workers compensation carrier. All told, that's a lot of fraud, and Mr. McElroy was sentenced to nine years at ClubFed.

Let's now head to Camden, New Jersey where Neyembo Mikanda had a thriving tax preparation business, and with good reason. He falsified the tax returns for his clients, and for his own businesses. He was found guilty last week on all 26 counts, and will be sentenced later this year.

Finally, we head to beautiful La Jolla where Marjan Poustan ran a cosmetic surgery business with her husband. She pleaded guilty to attempted tax evasion. Her not so brilliant idea was to, in 2005, go from post office to post office and purchase money orders for just under $3,000 from cash receipts and use those to pay the bills for her business. Since legitimate business expenses are deductions, her scheme really appears to be one of the most bozo we've encountered. More likely, the brief story left out one detail—Ms. Poustan pocketed some of the money orders and was going to not report that income. In any case, she'll be sentenced in October.

A Lincoln Town Car is the top of the line for Lincoln.



It would be hard to confuse a Town Car with a Singer Sewing Machine:



Who could possibly confuse the two?

Well, Charles Edkins of Greenville, Michigan owned Baby Bliss, Inc. They made clothing for the popular American Girls dolls. Mr. Edkins pleaded guilty to four counts of tax evasion. He allegedly filed false tax returns in 1995 - 1997 and followed that up by not filing any federal tax returns from 1998 to 2003. Additionally, he didn't file corporate tax returns from 1995 - 2003. The indictment also alleged that he didn't file state tax returns from 1999 - 2003 after filing false state returns from 1996 - 1998.

And yes, Mr. Edkins allegedly wrote off personal expenses on his tax return. His Lincoln Town Car became five used Singer Sewing Machines (one for each tire, including the spare). The IRS wasn't as amused as I was.

On the positive side, Mr. Edkins did plead guilty and does plan on making restitution. He'll be sentenced later this year (he could receive up to five years and a $250,000 fine on each count).

You're on trial for tax evasion. Do you (a) hire a good defense attorney; (b) attempt to get evidence that exonerates you; or (c) file fake warrants and fraudulent liens, attempt to disrupt the court proceedings and attempt to "arrest" the judge?

Yes, Robert Beale, already awaiting to find out how long he'll be spending at ClubFed on tax evasion charges, did exactly that. As Joe Kristan reported, his insane scheme "missed it by that much."

Joe Kristan reports that tax evading psychic David Guardino has passed on. We wrote about him three times, most recently last February when he was sentenced. As Joe said, it's a sad way to go out.

Dr. Garland D. Miller was a successful physician in Zwolle, Louisiana. He even served as Sabine Parish's elected coroner. He went through an IRS audit in 1995 and then decided to take action.

Now, we don't have the results of the audit so we can only speculate as to what actually occurred. Suffice to say, it's unlikely it went well for Dr. Miller. So assume you went through a bad audit. Would you (a) Discuss with your accountant tax saving strategies, (b) Embezzle money from your employer, or (c) Purchase a publication from a foundation that argues that the income tax doesn't apply and then implement their strategies?

After the audit he purchased a publication from Save a Patriot Foundation that argued that you don't have to pay income tax. Interestingly enough, in 2006 a court ordered that a notice be put on their home page that states, "The District Court orders...That Defendants...are hereby permanently enjoined from directly or indirectly: ...Advising anyone that they are not required to file federal tax returns or pay federal taxes...." But I digress.

Dr. Miller then ceased filing tax returns. In 2000 he sold his office building to De Soto Regional Health System and became an employee. He was supposed to remit substantially all of his medical income to De Soto but didn't. There's a word for that—embezzlement.

After the local District Attorney investigated, the IRS joined in. Dr. Miller was convicted of tax evasion (it took the jury just two hours to reach a verdict). He'll be sentenced in October and will likely get to spend some time at ClubFed.

If someone ever hands you a publication that says you don't have to pay an income tax just laugh and note that it's good fiction. For if you take it as non-fiction you probably won't like the consequences.

Perhaps it was the holiday weekend, or perhaps it's the start of summer, but the tax evaders weren't that busy last week. Still, there are some amusing tales of evasion gone wrong.

First, we head to White Plains, New York. Yahezkel Elia and David Elyaho were accused of tax evasion. The IRS alleged that their business were far more profitable than they showed on their tax returns. And when the government found a logbook showing the 12,000 money orders that the two men used to conceal their true income the jury had no problem finding them guilty of tax evasion. Given that the evasion apparently involved millions of dollars the two men will likely soon be boarding at ClubFed.

Next, we journey to Mesa, Arizona. Last week John Stacey was indicted on tax evasion charges. The government alleges that he hid income and assets from his paving businesses by putting money into his mother's bank account, using phony social security numbers and employer identification numbers, and filing false bankruptcy financial disclosure statements. That's a trifecta of problems that could send Mr. Stacey to ClubFed if he's found guilty.

Finally, Michael Kyereme won't be scamming the City of Newark, New Jersey or Cisco Systems anymore. Mr. Kyereme pleaded guilty to mail fraud and tax evasion. Mr. Kyereme was a systems administrator for the City of Newark. When a Cisco part went bad he was supposed to use Cisco's online "SMARTNet" system to order a replacement part, and then have the bad part shipped back to Cisco. He may have done that a couple of times. More often, though, he just ordered "replacement" parts so that he could sell them to another individual and pocketed the money. He would ship other less expensive parts back to Cisco.

The indictment shows that the loss to Cisco is estimated at $4,179,667. That alone is enough to get Mr. Kyereme a stay at ClubFed. But there was an additional problem: tax evasion. Mr. Kyereme profited from his nefarious dealings but didn't report them on his tax returns. In 2006 his gains from this scheme totaled $1,242,483, or an additional $429,846 in tax.

Interestingly enough when Mr. Kyereme was taken into custody $3 million worth of Cisco equipment was found in his home and automobile. Mr. Kyereme remains out on bail until his sentencing later this Fall.

If you get a bright idea make sure it's a legal one, and make sure you pay your taxes. It's always a lot easier to pay them now then to find yourself paying them later...and possibly having to make a journey to ClubFed.

I'm not particularly familiar with the Australian Taxation Office and how they compare to the IRS. Yet I suspect that telling them, "Come and get me, you miserable bastards," is not the way to their hearts. But that's exactly what Australian actor Paul "Crocodile Dundee" Hogan said. The TaxProf Blog, AP, and Don't Mess with Taxes have more.

That's the question that Joe Francis, founder of Girls Gone Wild, must answer. Francis already faces tax charges; he's accused of hiding income through the use of foreign accounts and over $20 million of improper deductions on his corporate tax returns.

So what's another lawsuit? The Wynn Las Vegas Casino accuses Mr. Francis of not repaying $2 million of a $2.8 million loan. Mr. Francis is arguing that he has agreements so that he didn't have to repay the loan.

No trial date has been set.

As I've said before it seems that strip club owners and tax evasion go together hand-and-hand.

Curt D. Kosow owned Bare Elegance, a gentlemen's club in Pittsburgh's "Strip District." (No, I'm not making that up. The Pittsburgh Post-Gazette story uses that name.) He was tried for allegedly distributing cocaine (he was acquitted of that charge) but he was found guilty of failing to pay income taxes. He represented himself after going through 11 attorneys.

Mr. Kosow received some bad news during sentencing. His motion to reduce his sentence for diminished mental capacity was denied but his sentence was extended for obstructing justice during his trial. He'll spend 41 months at ClubFed—but things could have been worse. Mr. Kosow attempted suicide at the end of the trial but survived.

Earlier this month I reported on Qin Xiping, the 49th (or 34th) Grand Master of the Shaolin Temple. Qin had been accused by the Tokyo Regional Taxation Bureau of hiding about 130 million yen. Qin at the time was rumored to be back in China, safely away from the Japanese tax authorities.

Apparently, he wasn't. He was arrested earlier this week, and both his home and the All Japan Shaolin Temple Qigong Association were raided by prosecutors. Qin is accused now of not paying 38 million yen in taxes. He has denied the charges. In the earlier article he was quoted as saying, "I'm only temporarily in charge of the money, on behalf of the head temple, so it's not my money." I know next to nothing about Japanese tax law, but I doubt that excuse will hold up.

As promised, Wesley Snipes' attorneys have filed a notice that they intend to appeal Snipes' conviction and sentencing to the 11th Circuit Court of Appeals. The notice doesn't specify what arguments they plan on using. The actual appeal will be filed either later this year.

Buddy's Carpet & Flooring is a Cincinnati-based chain of carpet stores. Its owners in the late 1990s devised a method of saving on their taxes—they purchased eight "loss of income" life insurance policies for $3.6 million. Those policies led to tax savings of around $700,000 in 1998 and 1999.

There's only one problem: the policies were shams according to the IRS. The then owners were refunded 81% of the premiums. The IRS prosecuted the two owners (Leif Rozen and Burton "Buddy" Kallick) and the company's in-house counsel (Alan Koehler). Mr. Kallick died in January 2007 before the case came to trial.

Last week a jury agreed with the government's view that the policies were a sham. Mr. Rozen was found guilty of conspiracy and tax evasion while Mr. Koehler was found guilty of filing a false tax return. Earlier, Milton Liss and Bruce Cohen, who were insurance salesmen, were found guilty of conspiracy to defraud the United States. All are now awaiting sentencing and will likely be spending some time at ClubFed.

News Stories: Cincinnati Enquirer, Business Courier of Cincinnati

There are at least two movies called "Grand Master of Shaolin Kung Fu." I haven't seen either. But there is a Shaolin Grand Master who is in tax trouble.

Qin Xiping is accused by the Tokyo Regional Taxation Bureau of hiding 130 million yen (about $1.2 million) of income. Qin gave instruction in—what else—martial arts. According to this news report he received tuition of between 50,000 and 400,000 yen per student.

Qin is apparently the 49th grand master of the Shaolin Temple. His excuse for not paying is, "I'm only temporarily in charge of the money, on behalf of the head temple, so it's not my money." I know nothing at all about Japanese tax laws, but I have a feeling that the Tokyo Regional Taxation Bureau will let him know what they think of that reason. Luckily for Qin he's been recalled to the Songshan Temple in Henan Province, China so he may be out of reach of the Japanese tax authorities.

Al Franken, the likely Democrat-Farm Labor candidate for U.S. Senate in Minnesota, told the Minneapolis Star-Tribune that he has paid over $70,000 in back taxes to 17 states. That's not just California, but includes Delaware, Kentucky, Massachusetts, Michigan, New York, and Wisconsin.

Among the revelations in the Star-Tribune article are that he did not pay workers' compensation and disability insurance premiums for New York-based workers between 2002 and 2005, and that a default judgment was entered in New York last year for $25,000.

The Associated Press article states that Franken's communications director, Andy Barr, told the AP that none of the 17 states attempted to contact Franken or his accountant about the unpaid taxes. That's likely splitting hairs given that New York did attempt to collect the insurance premiums.

In any case, Republican Senator Norm Coleman (who Franken will likely be running against) made the obvious remark, "Paying taxes is an obligation that I think Minnesotans expect to be adhered to, and that Minnesotans do."

Do I think this was deliberate evasion by Franken? No; the amounts are too small. Will this be political hay for his opponent? Definitely for now, and depending on how Franken handles this, it could derail his campaign.

It reached 98 F here in Irvine today. That's hot. But I have three stories where the individuals involved have faced the heat of tax evasion.

First, yet another Bozo tax preparer. Well, she really wasn't a tax preparer but she did prepare returns. From Greenville, South Carolina comes a truly Bozo scheme. A mother, Martha Vernon, stole social security numbers and names from her job, and then filed tax returns with phony W-2s where the refunds were direct deposited into her bank account and that of her daughter, Tiffany Dunbar. All told they received $188,931 in refunds out of the $396,573 they looked to get. Why was this scheme truly Bozo? First, it's inevitable that the actual individuals would file their own tax returns, so the crime was destined to be discovered. Second, the mother and daughter had the money sent into their own bank accounts making it quite easy to figure out who was behind the crime. They pleaded guilty to tax evasion charges last week in Greenville; a sentencing date hasn't been announced.

Next, we head to Long Island, New York where Jay Kuhn was sentenced to six months at a halfway house, three years of supervised release, and restitution of $400,000. Mr. Kuhn employed illegal aliens in construction on Long Island and he paid them off the books. He didn't remit the income and payroll taxes owed, and that's tax evasion. He pleaded guilty and is cooperating in an investigation of building trades in the New York metro area.

Finally, we have a case of a slight difference of opinion. Perry Lee Rempas ran Norfolk Airport Express, presumably taking customers to and from Norfolk's airport. He told the IRS that his business was defunct in 2000 and 2001, but he had $1 million in gross receipts. Indeed, the business had the contract for ground transportation at Norfolk International Airport from 2003 through 2006 until it was canceled when the business didn't pay the airport. Mr. Rempas pleaded guilty to tax evasion and will have to make restitution of $79,000 and will spend five months at ClubFed. He also, according to this article in the Norfolk Pilot, faces a state court judgment of $86,987 for his failure to pay the airport authority.

It remains a lot cheaper to pay your taxes up front then to commit tax evasion, especially if you elect a truly Bozo method of evasion.

That's the headline of an article in Canada's National Post. The article looks at some notable (for all the wrong reasons) films that Wesley Snipes made. My favorite from the article:

Crime: Blade: Trinity (2004)

Verdict: The film that ruined Snipes' career; just look at the movies he made after this: 7 Seconds; The Marksman; Chaos; The Detonator; Hard Luck; The Detonator. Have you heard of a single one? How they messed this up after the awesomeness that is Blade 2 is a mystery to film geeks everywhere.

Sentence: Garlic and sunlight.

Read the entire article and I hope you're not sentence to three years of airline food.

Al Franken has had an interesting career. He's been a comedian and a screenwriter, and now he's running for the US Senate, hoping to get the nod of the Democrat-Farm Labor Party in Minnesota (and then, of course, in the general election).

However, Mr. Franken (or his accountant) has forgotten about California's rules on corporations. A California corporation must make a minimum franchise/income tax payment of $800 a year, even if the corporation has no income (or lost money, for that matter). Mr. Franken has a California corporation, Alan Franken Inc., which the Secretary of State's website shows as forfeited (it did not pay its state registration fees).

This is apparently becoming big news in Minnesota, as the Minneapolis Star-Tribune is covering this story. Andy Barr, a spokesman for the Franken campaign, is quoted by the Star-Tribune: "Al feels that because his name is at the top of the organization, he takes ultimate responsibility for everything that goes on. But if there's a mistake that's been made, he's pretty insistent that the accountant fix it. He's been pretty vocal with [the accountant] on this point."

We're not talking big bucks here. The tax owed (including penalties) is $5,800 for not making the required minimum payments from 2003 - 2008. The corporation will likely also the Secretary of State's office $25/year plus a $250 penalty for each year that the required registration form wasn't filed. Once all of that paperwork is filed, and the state income tax returns for 2003 - 2008 are filed, Mr. Franken can dissolve his corporation.

So is Mr. Franken the next celebrity tax scofflaw? Only if he allows this mess to percolate for several weeks rather than insisting to his accountant that he prepare the appropriate returns and file them. Otherwise, the DFL in Minnesota will likely have to find a different candidate to run against Republican Senator Norm Coleman.

Joe Kristan has an excellent round-up of tax bloggers' reactions to Wesley Snipes' sentencing. Joe's conclusion is worth noting (especially if you have ideas of following Mr. Snipes' attempts at not paying federal taxes):

Mr. Snipes' acquittal on the felony charges still is important - I estimate that he would have served at least 3 more years had he been convicted. Still, the sentences ought to give some food for thought to the "show me the law" crowd -- especially that given to Eddie Kahn, who refused to recognize the authority of the court. If you don't think there is a law requiring them to pay income tax, but the federal judges, U.S. Marshals, and the Bureau of Prisons think there is such a law, your opinions won't help you avoid prison any more than it helped Eddie Kahn or Wesley Snipes.

Wesley Snipes will be spending three years at ClubFed. Judge William Terrel Hodges sentenced Snipes to the maximum possible sentence on his three misdemeanor charges. The Associated Press noted that Judge Hodges said that Snipes had shown a "history of contempt over a period of time."

During the sentencing hearing Snipes' Attorney Daniel Meachum handed Judge Hodges three envelopes containing $5 million in checks. The judge didn't accept them, nor did Assistant US Attorney Scot Morris. Later, an agent from the IRS did accept the funds. However, Morris later noted, "Your honor, that was a grandstanding move. It's essentially a down payment on his taxes. It is in no way a settlement of his taxes. It will be a fraction of what he owes."

Snipes will also spend one year on supervised release following his prison sentence. Snipes requested, and Judge Hodges will recommend, that he serve his time near his family's home in New Jersey. Snipes will report at a date to be determined by the Bureau of Prisons.

Also sentenced today were Snipes' co-defendants. Eddie Kahn also got the maximum sentence, 10 years at Club Fed, and Douglas Rosile received 4 1/2 years.

After the sentencing, Linda Moreno, another of Snipes' attorneys, told Ocala.com, "We were hoping for a complete acquittal. I have faith in the process, and I have faith in the jury system. We will appeal."

I've been on the phone all morning, but Joe Kristan has been watching Ocala.com. The sentencing hearing has broken for lunch (I suspect since it's 4:09 p.m. as I type this they've reconvened), and Judge William Terrel Hodges remarked:

He noted that the maximum three-year sentence - which is one year on each misdemeanor count - is "squarely in the middle of that sentencing range.

"Why should I go any further than that," Hodges asked.

This doesn't look good for Mr. Snipes.

I'll have the sentence when it's announced.