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.
Professor Maule on Snipes
Professor Maule of MauledAgain has a great column on the Wesley Snipes case. Among Professor Maule's excellent points are,

"Snipes is a celebrity. People pay attention to him. Therefore, he has an obligation to set a good example. Although some celebrities do not want to be role models, the very fact that they are celebrities makes them so. I have advice for those who do not want to be role models: avoid the limelight, make a career in something obscure, and lay low. Yes, that course of action will cut your income by 90 percent or more. Such is the price that must be paid."

and

"The only good thing that can come out of this [the Snipes case] is that the nation's taxpayers will understand how much fraudulent garbage is being peddled. By that point, only those who truly wish to evade taxes will be signing up with the fraud merchants, as there would be even less reason to believe the "I didn't know" excuse."

Read the whole thing here; it's well worth your time.
Just a Pinch of Fraud
Three stories today, all with a recurring theme: fraud. We'll look at a new but not so good method to sell for less. Then we'll take a peak at two accountants, and how they made money...for themselves.

Tommy James Hudgins owns Affordable Tires in Chattanooga, Tennessee. He found a way to make sure he beat his competitors' prices: not remitting the sales tax he collected to the state of Tennessee. He did keep his prices down, but the Department of Revenue wasn't happy with his methods. He'll spend two years on probation, and must make restitution of $17,000. He may also face civil penalties, according to this story.

In Baltimore, a longtime accountant pleaded guilty to wire fraud, money laundering, and tax fraud charges. Wilkins McNair, Jr. faces up to 38 years in prison, but will likely serve a significantly shorter sentence through his plea bargain. McNair, in the indictment, was accused of avoiding paying $550,000 in taxes by delaying filing his returns and under-reporting his tax. The Baltimore Business Journal has more on this story.

Finally, a pair that were Washington state tax preparers are alleged to have found a not-so-legal method of earning a living. They made up phony tax returns using relatives' names, and, according to this story, collected about $40,000 in refunds. The story has an interesting twist. The accused are Kandi Rose Roberts, formerly of Bellingham, Washington, and Ernest Roberts, of Everson, Washington. Ms. Roberts moved to Las Vegas and is now known as "Kandi Kroon." She's going to be sent to Seattle for trial, so this is one thing that happened in Las Vegas that won't stay in Vegas....
Don't Try These at Home
There are many ways to save on taxes. Here are some ways to save on taxes that work...until you get caught.

Method #1. Knowingly hire undocumented workers (felony #1), then don't pay employment taxes on their wages (felony #2). It's not clear from the article whether or not taxes were withheld from the workers' wages. But if you're going to commit two felonies, what's a third? Unfortunately for Wen Bing Wang, the restaurant owner in Traverse City, Michigan, the IRS caught on to his scheme. He has pleaded guilty to three counts of tax fraud, and could be facing fifteen years in prison. Interestingly enough, three other restaurant owners in the area will, according to the story, be pleading guilty to similar offenses. They shared the same New York based accountant (or perhaps soon to be ex-accountant).

Method #2. Create phony entities, and lower your company's profits by having them receive some of your income. Then cash the checks at a local sports bar (which doubled as a check cashing service). Then, when you were indicted in 1995, flee to Ireland.

This might have succeeded. Unfortunately for Martin Harty, recently of Ireland but a former resident of the San Francisco Bay Area, he decided to take a vacation in San Francisco. The indictment was still on file so when he went through customs in Atlanta, he was arrested. He pleaded guilty and could face up to three years at ClubFed but is probably looking at 12 - 18 months in prison.

Method #3. Don't pay your employment taxes. Then declare your company bankrupt, and declare personal bankruptcy. Follow this up by forming a new company in the same business, but have your son run the company. One problem, though: your son is away at college.

This is what Thomas & Vicki Seidel of Salinas, California have been accused of. They were indicted last week on failure to pay taxes and filing phony tax returns. Besides hiding the ownership of their business, they are also alleged to have hid assets, including a wheat farm in Idaho, some real estate, and another business, according to this report.

Method #4. Have your family create bank accounts in their names, while the money is really yours. And don't declare any of the income from those accounts. Given that David Beagley of Lindon, Utah is accused of not paying $815,000 in taxes, we're likely talking about some pretty hefty bank accounts.

Method #5. Don't pay withholding taxes, don't pay income taxes, and structure your cash transactions to avoid federal reporting requirements. Ziya Ozbay of Schenectady, New York and his son-in-law, Yalcin Ozbay of Saratoga Springs, New York, were found guilty of these crimes last week. Earlier, Mustafa Ozbay and Birol Ozbay pleaded guilty to these offenses (story here).

The Ozbays owned several gas stations in upstate New York. They didn't file corporate tax returns for several years. They didn't keep adequate books and records, and they didn't provide their accountant with even those books and records. They withheld employment taxes from their employees but didn't remit them. And they deliberately "structured" their cash transactions to hide them from federal reporting requirements. All-in-all, the defendants were found guilty of many felonies, and will be spending a few years at ClubFed.

And there is an interesting conclusion to this story. The gas stations were branded as "USA Gas Stations." The government is expected to begin forfeiture proceedings against the Ozbays, and will likely end up owning the gas stations. This will definitely bring truth-in-advertising to some USA Gas Stations in upstate New York.
US 58, Hovind 0
Since we're still in football season, I thought it would be appropriate to report this story in that format. As I reported earlier, Hovind was accused of 58 counts of tax fraud and related charges. Last Thursday he was found guilty on all 58 charges. He could get 288 years, and will definitely have to forfeit $430,400.

Hovind's wife, Jo, was also found guilty on all the charges she was accused of. Her 44 guilty verdicts could earn her 225 years in prison. Unlike her husband, she was released until sentencing in early January.

A friend of the Hovinds, Richard Hogan, gave the Pensacola News-Journal some of the best advice I've ever seen when you have a dispute with the IRS: "It's pretty tough to fight Goliath...The first time the IRS calls, you should go ahead and deal with it. It didn't have to come down to this."
Snipes Didn't Make a Deal???
There's a possible new entrant into the Bozo Taxpayer's Hall of Fame: Wesley Snipes. The Tampa Tribune reported that Snipes does not have a deal. Assistant U.S. Attorney Robert O'Neill told the Tribune, "We have no idea where that came from."

Snipes is currently in Namibia filming the movie Gallowwalker. The United States does not have an extradition treaty with Namibia, though the Tribune quotes Steve Cole, a spokesman for the U.S. Attorney's Office in Tampa, as saying that the government is "making progress toward getting him to the United States."

So will Snipes follow the Richard Hatch method or will he make a deal? We should have an answer in December.

Hat Tip: TaxProf Blog
Snipes Makes a Deal
According to Variety, actor Wesley Snipes has agreed to surrender to federal authorities upon his return to the United States. He has also reportedly agreed to a repayment plan with the IRS. Snipes is currently in Namibia filming Gallowwalker. Snipes is accused of defrauding the IRS out of $12 million, and if convicted was looking at up to 16 years at ClubFed.

The CBC report also noted that one of Snipes' accountants was caught in Panama and extradited to the U.S. Eddie Ray Kahn was indicted on Wednesday in Florida on tax charges; the other accountant was already under arrest.

From the press reports it appears that Snipes will not serve any jail time. Indeed, given the sums that Snipes likely receives from making movies, his debts will be paid off relatively quickly.