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.
Minnesota Calling
Apparently this blog has a wider circulation than I thought. Today I received an email from Tom Teale, the Assistant Director, Criminal Investigations of the Minnesota Department of Revenue (the state tax agency in Minnesota). While I generally focus (when I report on tax evaders) on IRS/Department of Justice prosecutions and California I'm happy to highlight the lowlights from other states.

And I do wish to point out that many states are suffering revenue shortfalls. If you file your federal tax return and skip your state tax return your state will find out. Every state but Nevada has an information sharing agreement with the IRS. Given that state income tax payments are generally deductible on your federal tax returns and are usually for far smaller amounts than your federal income tax doesn't it make sense to ensure your compliance with state law?

In any case, Mr. Teale highlighted four cases in Minnesota. I've already covered Robert Beale, the tax evader who attempted to arrest the judge. He received eleven years of nonconsensual incarceration.

There were two cases I wasn't aware of. In one, an attorney, John Hatling of Fergus, Falls, claimed that he could deduct his own wages using the "claim of right" deduction. If you've never heard of the deduction you're not alone. It's yet another tax protester argument and it doesn't hold water. Mr. Hatling will plead guilty to one felony count and will be sentenced in state court next Friday.

In the other case, a judge didn't file his Minnesota income tax returns. Donald Venne of Anoka County faces four gross misdemeanor charges. While the total unpaid tax is relatively small (about $3,200) a judge, of all people, should understand about compliance with the law. His attorney said that the problem was caused by a "traumatic family event that occurred over a period of years."

Again, remember that you do need to pay your state income taxes. And my thanks to Mr. Teale for bringing these cases to my attention.
Racing to ClubFed
There are some things that just must be seen in person at least once. I think that one of those is the Indianapolis 500. It's called the greatest spectacle in auto racing for good measure. If you get the chance head to Indy over Memorial Day and catch the race.

If you went in 2001 or 2002 you would have watched Brazilian-born Helio Castroneves win back to back races. Mr. Castroneves is a Brazilian but has been residing in the United States since 1997. That means he must pay US income taxes. Mr. Castroneves apparently didn't like that idea.

While most of us don't like it but pay he allegedly decided on a different course of action. Mr. Castroneves received $6 million in pay. Of that, $5 million allegedly moved through a Panamanian shell company to evade US taxes. At least, that's what the government alleges in a seven-count indictment against Mr. Castroneves, his sister Katiucia, and his attorney, Alan Miller. There's one count of conspiracy and six counts of tax evasion.

Among the other items contained in the indictment are allegations that Mr. Castroneves lied to his tax attorney and accountant, that Mr. Miller and Mr. Castroneves lied to another law firm, and that the trio allegedly prepared false tax returns. If found guilty they'll be watching a few Indy 500s at ClubFed and he'll miss participating on Dancing with the Stars (which he won last year).