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.
Bribery & Tax Evasion for a Congressman
Congressman Randy "Duke" Cunningham (R-CA) pled guilty today to charges of conspiracy to commit mail fraud and wire fraud and tax evasion. The charges stem from Cunningham "selling" his house for an inflated price; the new owner then immediately re-sold the house and had a $700,000 loss. This while the San Diego housing marketing was skyrocketing.

Cunningham, who represents a San Diego area district, faces several hundred thousand dollars in fines and up to ten years in prison.
Just One Digit Off
What happens if you receive your W-2 and your company made a mistake on your social security number and it's off by one digit? Being an unscrupulous individual, you sense opportunity! "I don't have to report my wages from my employer! The IRS won't be able to match up the wages!"

Of course, when the IRS receives the wage information (forwarded by the Social Security Administration), they'll notice the mistake and send a letter to the employer. The employer will then check their records, and fix the error (or let the IRS know that their records match the data sent).

So what happens to the employee who doesn't file? Problems, of course.

First, you did receive the W-2. Second, whether or not you receive a W-2, you are required to file your tax return each year. In fact, there's even a form for you to use if you don't get a W-2, Form 4852. And third, if you don't file, sooner or later the IRS will catch up with you. There is no statute of limitations if you don't file.

Today the Tax Court decided a case where the petitioner claimed he filed, but the IRS couldn't find a record of his filing under his social security number, the incorrect SSN used by his employer, or his spouse's SSN. The numbers didn't make sense, either. And there was no record of him filing a state tax return. The Tax Court didn't believe him. And he didn't spend the $4.42 on certified mail, return receipt requested to prove he mailed his returns.

The court found him liable for his taxes, penalties for failure to file, and failure to make timely estimated payments. In the future, he might just let his employer know about the error and file his returns.

Case: Zakhem v. Commissioner, T.C. Summary 2005-171
Voodoo Chief Convicted of Tax Evasion
Sharon Lee Caulder, now of New Orleans, was convicted on Friday of failing to file tax returns and hiding assets during her bankruptcy. Ms. Caulder apparently made $1.7 million in gross income between 1998 and 2002, mostly from sale of her book, Mark of Voodoo. The Amazon cover photo (of the book) states that Ms. Caulder has a PhD. Apparently, she didn't take any accounting or tax courses while at college.

Ms. Caulder will be sentenced in late February in Oakland. She faces up to 15 years in prison and fines of up to $1 million.

Voodoo is more profitable than I realized, especially if your net income after taxes is the same as your net income before taxes (until Uncle Sam catches you).

News Story: The Daily Review
Loveland, OH Backs Down
Many cities in the Eastern U.S. have city income taxes. One of these is Loveland, Ohio. Deborah Combs did not pay her $1.16 city income tax bill.

Loveland decided to press criminal charges. For $1.16.

Ms. Combs, who said she has "...been down on [her] luck..." will no longer face late fees of over $200, possible fines up to $4,000 and potential jail time. Loveland will no longer look like the Grinch.

Coverage available here.