Category: Tax

Former BDO Partner Gets Probation For Cheating on His Taxes

Poor BDO, they never get in the news. But hey, they do today!

Former BDO partner George Mark got off easy this week when U.S. District Judge Nora Barry Fischer said he didn’t deserve to go to jail thanks to his “extraordinary” charitable efforts and remorse for his actions. Mark’s tax evasion was uncovered during an investigation into Pennsylvania beverage company Le-Nature’s, who apparently specialized in nepotism, ass water and fraud.

Mark will instead serve two years of probation and pay a fine of $30,000.

A federal jury recently found Le-Nature’s former president Robert B. Lynn guilty of 10 counts of bank fraud, wire fraud and conspiracy. The jury found him not guilty on 10 additional fraud counts and deadlocked on five others, which left Senior U.S. District Judge Alan Bloch Jr. no other choice than to declare a mistrial on the remaining charges. The company’s CEO Gregory Podlucky and other company officers are facing prison for their part of a $37 million fraud.

While investigating Le-Nature’s ugly mess, the IRS found out that Mark declared fake travel expenses on his 2004, 2005 and 2006 tax returns for about $90,000. The IRS determined that Mark was living the gangsta lifestyle out in the Philly ‘burbs, rented an apartment in NYC, traveled a lot and owned a few luxury cars.

The U.S. attorney’s office had hoped the judge would come down with jail time in order to convince would-be tax cheats that this is serious business but the judge felt Mark’s volunteer efforts for Hope International and other charities was sufficient proof that he wasn’t all that bad of a guy, perhaps just a little misguided.

Back in 2008, 74 investors alleged fraud and negligent misrepresentation against Wachovia Capital Markets, Wachovia Securities and two accounting firms, Ernst & Young and BDO Seidman for their respective parts in the Le-Nature’s scam, in which company officers (mostly CEO Podlucky and his kin) would secure loans for business equipment only to turn around and use that money for things like, oh, sapphires and overpriced watches.

E&Y audited Le-Nature’s until BDO took over. “E&Y was aware that Podlucky could single-handedly influence or manipulate the company’s financial results …” charged the lawsuit. The company basically made up $240 million in revenue and BDO auditors declared the company’s financials were free of material misstatements. FAIL.

Anyway, congratulations to the former partner for, uh, being such a model human being. Or something.

For Reasons Unknown, Some People Are Listening to Mike Huckabee Talk About Taxes

The House of Representatives’ Ways and Means Committee held a hearing yesterday to discuss how to best reform the Internal Revenue Code.

Oddly, former Republican Presidential Candidate and conservative stud of the Fox News stable, Mike Huckabee, was invited to give his thoughts on the matter which include eliminating the IRS and replacing it with the dead in the water FairTax:

[Huckabee] is urging Congress to eliminate the Internal Revenue Service, along with taxes on income, payrolls and estates, and replace them all with a single retail sales tax. Huckabee told the House Ways and Means Committee today that Congress should pass legislation to achieve those goals, dubbed the FairTax, which is popular with many Republican voters even as it makes little legislative progress.

Now maybe Huckabee secretly crammed in rigorous tax study during his one year at seminary but this is a guy who was convinced Donald Trump was going to run for President.

Huckabee Tells Congress to Scrap IRS for Single Retail Sales Tax [Bloomberg]

Letting the Bush Tax Cuts Expire May Not Be a Violation of the Taxpayer Protection Pledge But Grover Norquist Would Still Advise You Against That Course of Action

As you well know, signing Grover Norquist’s Taxpayer Protection Pledge is the equivalent to having your name written in the Fiscal-Conservative-Starve-the-Beast Book of Life. If you break tservative credentials will go up in a poof of red, white and blue smoke, you’ll be bludgeoned to death with a rolled up copy of the U.S. Constitution and hopefully Ronald Reagan will have mercy on your soul.

Lately though, partly due to this little debt ceiling debate, the Pledge has come under increased scrutiny and after the Senate approved a repeal of ethanol tax credits without a corresponding reduction in tax rates, some suggested that it is meaningless. Since this is obviously nonsense, Grover has gone on a PR offensive, in order to spell it for the RUBES out there so they can understand what constitutes a violation and what does not. Everything seemed to be back on the up and up until today, the Washington Post ran an editorial that may further muddy the waters:

Would allowing the Bush tax cuts to expire as scheduled in 2012 violate this vow? We posed this question to Grover Norquist, its author and enforcer, and his answer was both surprising and encouraging: No.

In other words, according to Mr. Norquist’s interpretation of the Americans for Tax Reform pledge, lawmakers have the technical leeway to bring in as much as $4 trillion in new tax revenue — the cost of extending President George W. Bush’s tax cuts for another decade — without being accused of breaking their promise. “Not continuing a tax cut is not technically a tax increase,” Mr. Norquist told us. So it doesn’t violate the pledge? “We wouldn’t hold it that way,” he said.

Naturally, some DOPES out there got all worked up as The Hill reports, “Democrats had jumped on that quote, suggesting it was a sign that Norquist was willing to be more reasonable on taxes than many congressional Republicans.”

As you can see, the words “Norquist,” “reasonable,” and “taxes” are in extremely close proximity which indicates that these “Democrats” are what I’d like to call “COMPLETE IDIOTS.” Problem is, whomever grabs the loudest megaphone first in DC usually gets dibs on what the dish is so Americans for Tax Reform has AGAIN clarified how this Pledge thing works:

ATR opposes all tax increases on the American people. Any failure to extend or make permanent the tax cuts of 2001 and 2003, in whole or in part, would clearly increase taxes on the American people. In addition, the failure to extend the AMT patch would increase taxes. The outlines of the plans are deliberately hazy, but it appears that both Obama’s Simpson-Bowles commission proposal and the Gang-of-Six proposal dramatically increase taxes on the American people.

It is a violation of the Taxpayer Protection Pledge to trade temporary tax reductions for permanent tax hikes.

In other words, if you let the “Bush Tax Cuts” expire that’s fine but you just be sure replace them with “Obama Tax Cuts” to ensure there’s no trouble.

Out from under the anti-tax pledge [WaPo]
Grover Norquist tries to clarify Bush tax cut remarks [The Hill]
ATR Statement on Washington Post Editorial [ATR]

Senator Tom Coburn Explains What Tax Expenditures Are and What They Are Not

Earlier, we shared with you the thoughts of Americans for Tax Reform on Oklahoma Senator Tom Coburn’s rock-inspired “Back in Black” deficit reduction plan. Despite a silver lining that will allow whiny rich liberals to pay more taxes if they so choose, ATR wasn’t impressed, calling it a “Trillion Dollar Tax Hike.”

This is partly because Senator Coburn proposes the elimination of many tax expenditures. Of course, if you’re confused about what exactly a “tax expenditure” is, Senator Coburn took the time to explain it to everyone:

Tax expenditures are not tax cuts,” he said. “Tax expenditures are socialism and corporate welfare. Tax expenditures are increases on anyone who does not receive the benefit or can’t hire a lobbyist or special interest group to manipulate the code to their favor.”

It doesn’t appear that ATR has weighed in on this yet (and they are fond of quoting Coburn) but we don’t mind waiting.

House pursues balanced-budget bill; need for backup plan acknowledged [WaPo via TaxVox]
Earlier:
Did the Georgia Tea Party Call Grover Norquist a Socialist?

Ja Rule Wouldn’t Be in This Mess If He Had a Decent Accountant

Let’s be honest though, “decent” is probably pushing it. A “below average” accountant could have slapped some numbers on a 1040 and hit the button.

Ja got twenty-eight months for failing to file income tax returns and claims that “[I]n no way attempted to deceive the government or do anything illegal,” he said. “I didn’t know how to deal with these finances, and I didn’t have people to guide me, so I made mistakes.” Anyone near Oneida that’s looking for a new client should feel free to drop by the correctional facility to make a pitch. [HP]

Who Is Bizarro Grover Norquist?

If you’ve been keeping up with things, you’ve noticed that Americans for Tax Reform founder and president Grover Norquist is everywhere. He’s like some sort of omnipresent Swedish tax assassin superhero (it helps having an active blog and Twittertter.com/#!/GroverNorquist”>accounts).

He’s getting Presidential candidates to sign his Taxpayer Protection Pledge; he’s preparing for inevitable destruction of our nation’s capital; he’s going on the Colbert Report to make grandmothers everywhere shake in their orthopedic shoes.

This PR assault has resulted in a flurry of blog posts from us (okay, just me) on GN’s wily ways, mostly because we admire said wiliness, political tenacity and overt sarcasm and sass. However, a question has now been asked by Joseph Thorndike that we had not previously considered Who is the anti-Grover Norquist? That is, who is the progressive stalwart on tax policy? Presumably someone who would argue that we need to always raise taxes in every instance possible and any time taxes are cut, a corresponding elimination of tax expenditures would occur. Okay, maybe I’m being a tad literal. Anyway, Thorndike gives it a shot:

During the NPR interview, I was asked if I could think of a left-leaning counterpart to Norquist. I was stumped. A bunch of people came to mind, notably Bob McIntyre at Citizens for Tax Justice and Bob Greenstein at the Center for Budget and Policy Priorities. But neither seemed to fit the bill very well. Sure, McIntyre and Greenstein have been important and highly influential voices for progressive tax policy. But neither has reshaped political debate in Norquistian fashion.

In my opinion this is an futile exercise since the bizarro version of the Taxpayer Protection Pledge would be the political equivalent of guzzling arsenic. Americans don’t like taxes, so there’s virtually nothing to be gained by taking the 180 degree positions of Norquist (again, in their purest form). Similarly, the organization “Americans for Tax Reform” sounds quite sensible. An organization named “Americans for Keeping This God-awful Fuckshow of a Tax System the Way It Is” on the other hand, is less attractive.

Thorndike then posits that guys like McIntyre and Greenstein are “entirely too knowledgeable when it comes to tax policy to ever be compared to Norquist.” Fine. So Grover isn’t as tax wonky as those other guys. Policy wonks typically don’t make good political tacticians and certainly don’t make for good politicians. Wonks look at actual numbers, facts and statistics to make conclusions. Lots of politicians struggle with English. Norquist is acutely aware of this and relies on speaking to them in terms they can understand, such as, “You raise taxes and I’ll end your political career.” Politicians can understand that. They cannot understand Howard Gleckman.

So bizarro Grover Norquist, if you’re out there, please make yourself known. Every (super)man needs a nemesis.

Not Grover: Who’s the Progressive Counterpart to Norquist? [Joseph Thorndike]

DOJ Curious to Know if Credit Suisse Pulled a UBS

That is, helped American clients stash money offshore.

Credit Suisse said Friday it had been notified that it was the object of an investigation by the United States Department of Justice, citing “a broader industry inquiry.” The Swiss bank said that it had previously received subpoenas and other information requests from the Justice Department and other government agencies regarding cross-border services that its private banking arm provided to American clients.

As you may recall, the situation for UBS didn’t turn out so well and they sorta went back on that whole “secrecy” thing. Unfortch for Credit Suisse, they’ll probably have to snitch too:

On Friday, a court in Lausanne upheld the Swiss government decision to force UBS to hand over client data, citing “virtually uncontrollable economic repercussions for Switzerland” if it had not done so. That decision implies that Credit Suisse, too, may be ordered to surrender information about customers’ accounts to American authorities.

Credit Suisse Discloses U.S. Inquiry Into Private Banking [DealBook]
Earlier: DOJ: You Bet Your A$$ We’re Going After More Offshore Tax Evaders

When It Rains, It Pours: R. Kelly Hit with Tax Lien

If you’ve been poking around the web the last couple of days, you probably heard that R&B singer R. Kelly is in danger of getting thrown out of his house. It’s an unfortunate turn of events for RK who stopped paying his mortgage payments trying to strongarm JP Morgan into modifying his loan.

Unfortunately for R., it appears he also has blown off the IRS. Delinquent celebrity taxpayer scoop artist Robert Snell reports:

Music industry bad boy R. Kelly has more than foreclosure to worry about. Kelly, the controversial R&B star owes more than $837,000 in delinquent federal taxes, records show.

Snell reports that the IRS released a $1 million lien just last month against RK, so it’s unclear if this little oversight is the result of his JPM negotiating strategy or he’s still getting caught up on things.

R. Kelly believes he can fly — from tax bill [Tax Watchdog]

Grover Norquist Is Adequately Prepared for Anyone Who Might Try to Burn Washington, D.C. to the Ground

In case you haven’t been paying attention, GOP Taskmaster Grover Norquist takes his Taxpayer Protection Pledge very seriously. So serious in fact that not even a conservative stalwart like Tom Coburn has come under repeated attacks from Norquist and Americans for Tax Reform. So serious that not even our grandmothers’ lives will be spared were terrorists to demand that we raise taxes 1% on the highest earners.

Norquist’s steadfastness has managed to get under a lot of people’s skin including people who thinks he’s a little cuckoo, Democrats and even some guy at Deloitte.

This, understandably, has made Norquist a little paranoid. If someone were able to infiltrate ATR HQ with an army of ninjas, collect all the signed pledges and throw them into an incinerator, how could he continue holding the entire Republican party by their flag-wrapped testes? There would be no tangible proof that these sacred documents were, in fact, signed in front of two witnesses (as is required). Worry not, fiscally frugal readers, Grover is far too smart for that. As the Washington Post reports, GN has taken the necessary precautions to avoid such a catastrophe:

“I keep the originals in a [secret] vault, in case D.C. burns down,” said Norquist, referring to the pledge that his organization asks politicians to sign, vowing to “oppose any and all efforts” to raise taxes. “When someone takes the pledge, you don’t want it tampered with; you don’t want it destroyed.”

So bring your sissy Democrat political operatives, your ink bombs, your pledge-sniffing dogs. You’ll have to do nothing less than sic Jack Bauer on Grover if you want to get your mitts on those pledges. And even if you do, don’t think your grandmother won’t pay the price.

Grover Norquist, the anti-tax enforcer behind the scenes of the debt debate [WaPo]