Category: Tax

Indiana Department of Revenue Will Waffle on Whether It Wants Your Overdue Taxes If It Damn Well Pleases

Taxes are difficult. Given. Even for the professionals that deal with them every day, it can be an exhausting mental exercise that will inevitably lead to mistakes. Example: Back in 2003, Indiana’s Department of Revenue (“DOR”) sent a $1.1 million refund to Aisin USA Manufacturing for its 2001 return. Aisin filed an amended return to show this refund only to have the DOR inform the company that a “clerical error” had been made and the company actually owed over $600k. Aisin wasn’t exactly thrilled with this and, citing the statute of limitations, told Indiana to drop dead. Surprisingly, this seemed to work:

The company then received a letter from DOR stating, “Your recent explanation and/or payment, with respect to the specific liability number referenced above, is satisfactory. No further action is required on your part for this liability.”

Then, not unlike the girlfriend who decides to change her outfit the moment you’re working out the door, the state took it back:

[I]n 2007 and 2008, the DOR notified Aisin that they actually did have to pay the disputed sum.

The state gave the company a break, cutting the amount due by about $70k but begrudgingly added, “Aisin’s continued wrongful retention of this amount d[id] not represent the action of a responsible corporate citizen.”

Long story, short – the DOR sued Aisin to get the taxes due in trial court because it hadn’t jumped through all the hoops necessary to submit the case in tax court. The Court of Appeals wasn’t impressed by this but ultimately the Indiana Supreme Court said everything was kosher and ruled in favor of the state and is now going back to Superior Court.

So, there are lots of lessons here. It appears that Indiana’s DOR can 1) make really bad mistakes; 2) decide those mistakes are NBD; 3) can change their minds and conclude that, mistakes or not, you owing them money is a BFD; 4) don’t feel the need to follow their own rules.

And they ultimately win the right to continue a battle over half a million bucks that has been going on for almost ten years. Seems about right.

Indiana Department of Revenue Rivals the Ministry of Silly Procedures in Tax Refund Case [Tax Foundation]
Zoeller v. Aisin USA Manufacturing, Inc. [Justia]

After Today’s Job Report, Eric Cantor Can’t Imagine Why Anyone Would Think Raising Taxes Is Good Idea

” ‘Disappointing’ is an understatement,” Cantor said on the floor in a colloquy with House Minority Whip Steny Hoyer (D-Md.). Cantor was citing the jobs report for June that said only 18,000 private-sector jobs were created in that month, and that the unemployment rate increased to 9.2 percent.

“Just look at the jobs report today,” Cantor added. “I cannot fathom how anybody, how anyone thinks right now is a good time to raise taxes. Who thinks that raising taxes on individuals and small businesses can help create jobs?” [The Hill]

Don’t Try Using Your Fancy Tax Code Words on Orrin Hatch

President Obama and his liberal allies are calling for a ‘balanced approach’ and a revenue piece to deficit reduction. We hear this from the press all the time: ‘New revenues need to be a part of any deal to reduce the deficit.’ These are simply code words for a tax hike.

It is clear that the professional left is insisting that President Obama include tax increases in any negotiated agreement to raise the debt ceiling. [ATR]

Is This the Beginning of the End for Ethanol Tax Credits?

Key Senate lawmakers have reached a deal to end two ethanol subsidies by the end of the month, sooner than expected and a sign of how tax policy can change as attention focuses on the deficit.

Sen. Dianne Feinstein (D, Calif.) said in a statement that she had reached an agreement with Sens. Amy Klobuchar (D, Minn.) and John Thune (R, S.D.) under which a 45-cent-a-gallon tax credit for blending ethanol into gasoline would expire on July 31. A 54-cent-a-gallon tax on imported ethanol would also expire at the end of the month. [WSJ]

Bill Clinton Wants a Lower Corporate Tax Rate

“We’ve got an uncompetitive rate,” Clinton told a crowd at the Aspen Ideas Festival on Saturday.

“We tax at 35 percent of income, although we only take about 23 percent. So we should cut the rate to 25 percent, or whatever’s competitive, and eliminate a lot of the deductions so that we still get a fair amount, and there’s not so much variance in what the corporations pay.” [HP]

Obama Gives Corporate Jet Owners, Hedge Fund Managers the Business About Their Taxes

From the press conference that is still going, “I don’t think it’s real radical” to ask corporate jet owners and millionaires to pay higher taxes, Obama said. “No-one wants to see the U.S default.”

And then:

You can’t reduce debt levels without… increasing revenue in some way,” Obama said. “That revenue is coming out of folks who are doing extraordinarily well, and enjoying the lowest tax rates since before I was born. If you are a wealthy CEO or hedge fund manager in America right now, your taxes are lower than they have ever been.”

[via BI, NYT]

Florida Mayor Relates to Constiuents By Getting Slapped with a Tax Lien

A true man of the people:

The Internal Revenue Service has filed a lien against Miami Springs Mayor Zavier Garcia for nearly $200,000 in unpaid taxes. The lien, filed June 8, means the IRS would get paid before Garcia and his wife if they attempt to sell their home or other real estate. Garcia said the IRS issued the liens after his new accountant detected errors in previous years’ tax returns. Garcia said he voluntarily brought the errors to the agency’s attention, and plans to pay the money as soon as his finances permit.

Mayor owes $200,000 to IRS [MH]

Mitch McConnell Suggests That Anyone in Favor of Tax Hikes Is Committing Political Suicide

Hours before a meeting with President Obama at the White House, Senate Majority Leader Mitch McConnell (R-Ky.) said that any debt-ceiling deals that included tax hikes would be “politically impossible” in the current Congress because most Republicans and many Democrats oppose them.

“Those who are calling for tax hikes as a part of these debt discussions either have amnesia about the fate of similar votes just six months ago — when Democrats controlled both chambers of Congress as well as the White House — or they’re acting in bad faith, since we all know that including massive, job-killing tax hikes would be a poison pill,” said McConnell on Monday from the Senate floor. [The Hill]

One Wouldn’t Think You’d Have to Be Wary of a Tax Prep Business Called “420 Multiservices”

In the Bronx, no less.

According to an indictment unsealed Tuesday in Manhattan federal court, Charles prepared tax returns at a tax preparation business called “420 Multiservices” in Bronx, N.Y., in 2006. Between 2006 and 2007, Charles, 34, Patterson, 29, Nekiya Edwards, 32, and Akmell Edwards, 33, engaged in a scheme to use stolen and other identification information, including names, dates of birth, and Social Security numbers, to file fraudulent tax returns.

[…]

According to the indictment, in March 2008, Patterson was approached by agents of the IRS-CID. During that encounter, Patterson threatened the agents, stating, among other things, “I know you guys got guns, so what,” and “That’s why I kill guys like you.”

Bronx Group Charged in Tax Refund Scheme and Threatening IRS Agents [AT]

Taxes Are the Reason Eric Cantor Walked Out on Joe Biden

The deficit talks led by Vice President Biden faced a dispute over whether to include the Pentagon in any spending caps or deficit triggers, but the office of House Majority Leader Eric Cantor (R-Va.) said Friday that taxes were the only reason the talks collapsed Thursday.

“There were some disagreements on defense, but the issue is being greatly overblown to distract from Democrats’ push to raise taxes,” spokesman Brad Dayspring said. “The tax issue was the sole reason the talks reached an impasse, but it’s important to recognize that the group made great progress in identifying trillions of dollars in spending cuts that can serve as a blueprint for a potential compromise,” he said. [The Hill]

Mitt Romney Unable to Resist the Siren’s Call That Is the Taxpayer Protection Pledge

In a political move akin to etching your name in to the conservative, low government Book of Life, GOP Presidential nominee Mitt Romney has signed the Grover Norquist’s sacred Taxpayer Protection Pledge.

It’s not a terribly surprising move, as this play will cater to the tax-hating Tea Party crowd as well as the tax-hating-rich-people-not-so-unlike-Mitt Romney crowd.

“By signing the Pledge, Governor Romney keeps the faith of the American taxpayer by taking tax hikes off the table as President,” said Grover Norquist, president of Americans for Tax Reform. “Politicians in Washington should be focused on reducing government spending.”

Of course what this move also does is protect Romney from any sternly worded letters or other communication from Americans for Tax Reform that would place him the squarely in the camp of that taxpayer Judas, Tom Coburn. Regardless of some people having the audacity to deem the Pledge meaningless.

[via ATR]