Category: Tax

Turns Out the Guy that Joe Biden Called a Smartass Is Just an Ass

Yesterday we learned about Joe Biden not taking too kindly to a custard shop manager’s suggestion that he can eat all the free custard he wants as long as JB & the rest of the crew “lower our taxes.”

The Veep retorted that maybe the dude in the funny paper hat should try saying nice for change instead of being a smartass. It was the typical Joe Biden charm that you would expect. Perhaps he should have suggested visiting the White House’s tax savings tool instead of name-calling but the past is the past and we’ll just chalk up another Joe Biden moment of hilarity/political liability.

But wait! What if the VP was right about this portly custard slinger? We read over a little mini memoir over at Daily Intel that indicates that the guy probably had it coming:

First of all, as anyone who has ever lived in Milwaukee knows: Kopp’s Frozen Custard is the most delicious dessert on the planet. It’s basically ice cream with twice the fat. So when Smilin’ Joe Biden showed up at Kopp’s in Glendale, Wisconsin, last week, you can only imagine his annoyance at being interrupted in the middle of his first taste — from the looks of things, Friday’s special flavor, chocolate chip cookie dough — by a store manager cracking that the cone was free, as long as the vice-president would agree to “lower our taxes.” Biden being Biden, he called the manager “a smartass.” And who was that smartass? None other than my nemesis of twenty years ago — the first boss I ever hated and feared.

Said smartass is Scott Borkin and the author of this piece, Dan Kois, proceeds to tell a tale of a lunatic boss from hell (thanks, Richard Lewis):

Once, very late on a long, hot night of customers piling in and the custard machines jamming and the store’s owner, Carl Kopp, walking around in his apron and hat terrifying everyone, Scott Borkin came over to collect a shake for order number 87. “What the hell is this?” he asked me.

Inside, I panicked. What had I done wrong this time? But I had the ticket right in my hand — malt with chocolate — and was positive that’s what I had made. “It’s a chocolate malt.”

“No, this,” he said, pointing at my Sharpied “7” on the lid. I’d written it with a line through the center because once someone had mistaken my non-lined 7 for a 2.

“Uh, it’s a seven,” I replied.

“This is a seven,” he said, taking the ticket from my hand and drawing a non-lined numeral. “Do it right or you’re outta here.” He plucked the malt off the counter and stalked away. “This isn’t Germany!” he called over his shoulder.

Christ. Threatening termination because of lined 7 and anti-Germany? PLUS he likes bitching about taxes? This guy could be the next Joe the Plumber. Oh wait, he’s already been on Fox & Friends. Mission accomplished.

One Possible Sign that the Modeling Career Isn’t Working: You’re Claiming Bogus Tax Refunds

We don’t mean to crush anyone’s dreams of walk-offs or eating disorders but sometimes when you’re not sure if things are working out in your modeling career, you have to be able to recognize the signs when they appear.


One sure sign that you won’t be America’s Next Top Model (or the person fetching ANTM’s rice crackers) is that you find yourself claiming to have earned $550,000 working for an “environmental group” and then requesting a $200,000 refund for that “work”:

Nyemah Johnson, who models under the name Nyemah Marxx, falsely claimed he made $550,000 working for an environmental group and was entitled to the six-figure refund, prosecutors said.

He was one of five people arrested last week in a $1.1 million tax scheme that prosecutors said was led by Queens accountant Diana Rabin.

The bright side, of course, is that there is no such thing as bad publicity and assuming Mr Marxx has access to something a step above a public defender, he’ll manage to stay out of jail for too long and maybe then he’ll be able to land the “shirtless bro” gig outside the A&F.

Manhattan model, Nyemah Marxx, is caught in $200,000 tax scam [NYDN]

Wesley Snipes May Still Be Able to Get Back into the Vampire Game

If it wasn’t for WS, there would be no vampire craze. Sure the last Blade film was six years ago. And sure the first in the series was twelve years ago but it doesn’t mean the man still didn’t start the popularization of bloody-thirsty, sexy undead types.

However, this prison sentence thing hanging over his head has probably made him a bit of a liability. But thanks to some crafty lawyering, he’s been able to stave off the joint long enough to catch a bit of luck.


Since Ponzi-schemer-to-the-stars Kenneth Starr has been outed as a complete shame (not to mention a complete wuss) Wes can get back to the business of making truckloads of cash in this bloodsucking phenomenon:

A federal appeals panel is considering whether the arrest of actor Wesley Snipes’ former financial adviser could pave the way for a new trial on tax evasion charges.

Snipes was convicted and sentenced to three years in prison in 2008, but his attorneys asked the 11th U.S. Circuit Court of Appeals in Atlanta to allow a new request to dismiss the movie star’s conviction or grant him a new trial.

The motion centers on the arrest of Kenneth Starr, the one-time financial adviser to Snipes and other celebrities.
He was a key witness in Snipes’ 2008 trial but was charged in May with securities fraud worth $59 million.

Federal panel considers Wesley Snipes’ appeal [AP]

Franken’s Monster: State Taxes for the Traveling Employee

He’s good enough, he’s smart enough, and doggone it, the state revenue departments loved Al Franken — once he paid $70,000 in back taxes.

Like many celebrities, Mr. Franken took his act on the road, making a good living on gigs in various states. Unlike many celebrities, Franken ran for office, subjecting his tax life to unnatural scrutiny. It turned out that he hadn’t filed taxes in every state wher

$70,000 of back taxes paid to 17 states later, Mr. Franken squeaked into the U.S. Senate by the narrowest of margins.


Franken has a lot of company in going from state to state without paying all of his taxes (he also has a lot of company in dumping on his accountant to weasel out of the blame). It’s a lot of work, and a lot of expense, for a traveling worker to pay taxes in every state. Every state has its own tax rules, and preparing all those returns isn’t cheap. Unfortunately, current law can make you taxable in a state with as little as one day of work.

State taxes are a compliance nighmare for glamour professions like sports, entertainment, construction and auditing. That’s why the Multistate Tax Commission is working on model legislation that would exempt workers from state taxes if they work in a state for less than 20 days in a year. That is, unless they work in sports, entertainment or construction (perhaps the only known instance where auditors aren’t abused worse than other professionals). A bill going nowhere in Congress, the Mobile Workforce State Income Tax Fairness and Simplification Act, would would create a 30-day threshold, but similarly screw entertainers and athletes, but not construction workers.

This raises the obvious question: why do they want to screw the athletes and entertainers? Presumably the states all want to pick Taylor Swift’s pocket (understandably), but for every Taylor Swift there are hundreds of struggling young musicians trying to scrape by and make a name for themselves. Yet the tax law, in all its majesty, requires the same level of tax compliance for millionairess Taylor Swift and the wonderful, but surely less prosperous, Carrie Rodriguez.

Small businesses used to be able to blow off states they only visited for a brief time. That’s becoming a bad bet. Better and cheaper data mining software makes it easier each year for state revenuers to sniff out temporary presence. If there is any publicity for your visit, you leave a Google trail. If you don’t file in a state, the statute of limitations never runs there, and you can build up a painful multi-year liability. If they catch you after the statute of limitations for your home state runs out, you lose your credit on the home state return for taxes paid in the other state — meaning you pay tax on the same income in two states.

So what do you do if you are a small business? Pay attention to which states you are doing business in. Don’t assume they just won’t notice you. Discuss things with your tax preparer. If you have sinned, most states will work out a deal through your preparer to only collect for a few years, and maybe waive penalties, if you come forward before they catch you. And remember that if you live in a high tax state, like California, New York or Iowa, you should be able to get an offsetting refund on your home state return for non-resident state taxes on an amended return for open years.

Joe Kristan is a shareholder of Roth & Company, P.C. in Des Moines, Iowa, author of the Tax Update Blog and Going Concern contributor. You can see all of his posts for GC here.

A Few Senators Would Like Billionaires to Pitch in with the Deficit Problem

The latest act in the ongoing circus known as the estate tax debate has three “liberal” senators – Bernard Sanders (I-VT), Tom Harkin (D-IA), and Sheldon Whitehouse (D-RI) – calling for billionaires to help close the $13 trillion some-odd federal deficit that these über-rich people ate.

Forbes reports that the Messrs. Sanders, Harkin and Whitehouse sent a letter to their fellow Senators laying out their case, “According to Forbes Magazine, there are only 403 billionaires in the U.S. with a collective net worth of $1.3 trillion. Clearly, the heirs to these multibillion fortunes should be paying a higher estate tax rate than others.”

The champs of the bill also go to the trouble of singling out Dan L. Duncan whose family stands to inherit his $9 billion fortune tax free. It’s a good thing those staffers pointed out that article in the Times to their respective Senators!


Anyhoo, TaxProf summarizes the details of the “Responsible Estate Estate Tax Act”:

• Exempts the first $3.5 million of an estate from federal taxation ($7 million for couples), the same exemption that existed in 2009. Doing this would mean that 99.75% of all estates would be exempted from the federal estate tax in 2011 alone.

• Includes a progressive rate structure so that the super wealthy pay more. Under our bill, the rate for the value of the estate above $3.5 million and below $10 million would be 45%, the same as the 2009 level. The rate on the value of estates above $10 million and below $50 million would be 50%, and the rate on the value of estates above $50 million would be 55%.

• Includes a billionaire’s surtax of 10%. Our bill also imposes a 10% surtax on the value of an estate above $500 million ($1 billion for couples). According to Forbes Magazine, there are only 403 billionaires in the United States with a collective net worth of $1.3 trillion. Clearly, the heirs to these multi-billion fortunes should be paying a higher estate tax rate than others.

• Closes all of the Estate and Gift Tax Loopholes requested in President Obama’s Fiscal Year 2011 budget. These loophole closers include requiring consistent valuation for transfer and income tax purposes; a modification of rules on valuation discounts; and a required 10-year minimum term for Grantor Retained Annuity Trusts (GRATS). OMB has estimated that closing these loopholes that benefit the super-wealthy, would raise at least $23.7 billion in revenue over 10 years.

• Protects family farmers by allowing them to lower the value of their farmland by up to $3 million for estate tax purposes. Under current law, the value of farmland can be reduced up to $1 million for estate tax purposes under § 2032(a) (Special Use Valuation). Our bill increases this level to $3 million and indexes it to inflation.

• Benefits farmers and other landowners by providing estate tax relief for conservation easements. Our bill provides tax relief to farmers and other landowners by amending estate tax rules for conservation easements through an increase in the maximum exclusion amount to $2 million and increasing the base percentage to 60%.

Nice work on those last two Senator Harkin; you couldn’t be more obvious.

In case you didn’t catch it in there, the estate tax on the billionaires will be 55% PLUS! an additional 10% surtax. Sounds crazy right? Congress royally fucks things up by letting the estate tax expire in the first place and then has the stones to throw the double whammy on the rich because of it. Had they simply extended the estate tax (which seems to be a popular solution, btw) this political pigskin wouldn’t even be an issue.

But guess what? There are people behind this thing lock, stock and barrel. For one, the United for a Fair Economy (“UFE”) more or less says that this legislation is the catalyst to fixing everything, “The Sanders-Harkin-Whitehouse Responsible Estate Tax Act is an important step on the road to an economic recovery that benefits all Americans.”

Well, not all Americans.

For the Last Time, Only Tim Geithner Can Blame TurboTax and Get Away with It

Seriously people. We thought that the fog of confusion around this issue had been lifted. We’ll go over it again for those of you just joining us.

If you are not a well-connected bureaucrat with a fabulous coif, you are not afforded the same privileges as though who are/do.

And tax court debunks the latest attempt to draw some likeness between a regular schmo and T Geith:

We shall address briefly petitioner’s contention that the IRS granted “favorable treatment” in a case involving U.S. Secretary of the Treasury Timothy Geithner, which petitioner described as “incredibly similar” to the instant case. According to petitioner, “there should not be different, or favorable rules for the well-connected”. The record in this case does not establish any facts relating to the case to which petitioner refers involving U.S. Secretary of the Treasury Timothy Geithner. In any event, those facts would be irrelevant to our resolution of the issue presented here. Regardless of the facts and circumstances relating to the case to which petitioner refers involving U.S. Secretary of the Treasury Timothy Geithner, petitioner is required to establish on the basis of the facts and circumstances that are established by the record in his own case that there was reasonable cause for, and that he acted in good faith with respect to, the underpayment for each of his taxable years 2005 and 2006 that is attributable to his failure to report self-employment tax.

Turbo Tax

Tax Court Rejects Geithner/TurboTax Defense [TaxProf]

A Lifetime Prison Sentence Won’t Prevent You from Qualifying for the Homebuyer Tax Credit

Oh the glorious first-time homebuyer tax credit. Championed by Congressional Leaders, popular with Americans and ripe with fraud.

No legislation is perfect though, amiright? You’ve got to take the good with the bad. The latest of the bad comes courtesy of everyone’s favorite bureaucratic nagging mother-in-law, the Treasury Inspector General for Tax Administration. The TIGTA has come out with a new report that shows that the FTHBTC program hasn’t really gotten any better at weeding out the unscrupulous activity.

TIGTA estimates that 14,132 individuals received erroneous credits totaling at least $26.7 million. These erroneous credits included:

• 2,555 taxpayers receiving credits totaling $17.6 million for homes purchased prior to the dates allowed by law.

• 1,295 prisoners receiving credits totaling $9.1 million who were incarcerated at the time they reported that they purchased their home. These prisoners did not file joint returns, so their claims could not have been the result of purchases made with or by their spouses. Further, TIGTA found that 241 prisoners were serving life sentences at the time they claimed that they bought new primary residences.

•10,282 taxpayers receiving credits for homes that were also used by other taxpayers to claim the credit. (In one case, TIGTA found that 67 taxpayers were using the same home to claim the credit.) TIGTA auditors have not fully quantified the total of these erroneous credits, but all indications are that the total will be in the tens of millions of dollars.

But wait! There’s good news! Inspector General J. Russell George was happy to report that there has been improvements, “The good news is that the IRS has made significant strides resolving problems associated with this program. For example, no minors received the Credit, according to our report.”

Progress! They’ve managed to keep the under-eighteen crowd under control. But do we prefer this to prisoners doing life getting our tax dollars? Seems like a toss-up.

Errors, Fraud Still Occur in First-Time Homebuyer Credit Program [TIGTA]

Gulf Coast Workers Not Really Down with Taxes on Their BP Payments

Wait! You mean we have to pay taxes if we receive cash? When the hell did this happen? What if you’re part of the “self-reliant nonconformists who don’t pay much heed to everyday rules and regulations” community? Does that earn you a pass?

The AP reported on some workers on the Gulf Coast who are simply not aware of the notion of income taxes and would very much like to keep it that way:

Out-of-work Gulf Coast shrimper Todd Pellegal spent his first $2,500 check from BP quickly, paying off bills and buying groceries for his family.

He never even considered putting some of it away for taxes.

Now he’s among the people up and down the Gulf Coast reeling from the oil spill disaster who are surprised — and frustrated — to find out the Internal Revenue Service may take a chunk of the payments BP PLC is providing to help them stay afloat.

Many were already angry about how long the oil giant took to cut the checks. So when they got the money — generally about a few thousand dollars each so far — they spent it fast.

“If they’re going to pay you a lump sum, like for a year, then bam, take the taxes out of the check,” said Pellegal, of Boothville, La. “But a little bit at a time, they shouldn’t.”

Right, because withholding taxes from a paycheck isn’t how it works for every other person in the country who pays income taxes. Whoever heard of “net pay”?? But don’t bother suggesting planning for such a phenomenon as being paid by check:

“They should do a projection of their taxable income and determine if there is going to be a tax liability and have enough to cover that,” said Crystal Faulkner, a partner in the Cincinnati-based accounting firm of Cooney Faulkner & Stevens LLC.

That doesn’t sit well with Cherie Edwards, who is now only working one day a week at her job booking charter fishing trips at Zeke’s Landing in Orange Beach, Ala. The lost hours due to the oil spill are costing her about $270 week.

She said she got her claim number from BP on Thursday and plans to file an application in the coming day. So far, she said, no one has mentioned to her about a potential tax liability.

“I haven’t even thought about taxes. Wow. That makes me mad,” said Edwards, who has one child in college and another in high school. “I’m already losing money, and now I’ve got to figure out how to hold back money to pay taxes?”

Jesus lady, you’re right. Getting used to the $0 tax liability and then all of a sudden learning that you are required by law to pay them would piss off just about anyone.

IRS May Tax Payments to Gulf Coast Victims [AP via Tax Lawyer’s Blog]

Would the IRS Take the Heisman Trophy as Payment for Back Taxes?

Maybe! But we’ll get back to that in a minute.

There was a fair amount schadenfreude aimed at the University of Southern California when the school was slapped with sanctions a couple weeks back and at Reggie Bush for his role in the whole sitch.

How Bush really feels about it seems to be a mystery since he’s been quoted saying, “[This] is the closest thing to death without dying” but also a less passionate response, “Whatever happens, happens.”

Borderline schizophrenia aside, Fox News reports that Reg might have to pay some back taxes on the estimated $300,000 in luxury gifts he allegedly received:

“If the entire $300,000 is determined to be taxable,” Los Angeles-based CPA Mark Greenberg said, “about 50 percent of that would go to the IRS and Franchise Tax Board. And with penalties and interest, it could go up to 60 percent since it’s going back a few years.”

Greenberg estimates that Bush, now the star running back for the New Orleans Saints, “ultimately will wind up paying about $150,000,” but “it could be up to $200,000” if his financial team can’t get the penalties and interest waived.

We’re sure Bush would never have to give up his trophy a la the Juice since A) he didn’t kill anyone and B) his sponsors are still firmly in his corner, so the money shouldn’t be a problem. That being said, having the IRS snooping around your financial situation is about annoying as a Keeping Up with the Kardashians marathon.

Pennsylvania Lawmakers Invite Citizens to Get on This Fiscal Crisis Thing

Either some Pennsylvania lawmakers are out of ideas for closing the state’s budget gap or they’re sick of the belly aching from the Keystone citizens because they’ve decided to put out there for the ordinary Quakers to give their suggestions for fiscal improvement.

So far there has been approximately 750 suggestions that range from consolidating school districts, “El excess management positions. 15 school districts in one county equals 15 superintendents, health care plans, IT departments, administrative departments, maintenance depts and so on” to downsizing the size of the state legislature, “downsize our legislature, there has been several articles on our size compared to other states whith [sic] smaller legislatures and much larger populations.”

Of course there are less constructive ideas such as the idea of having one huge pee party from “Gary” in Mount Joy (our bolding):

URINALYSIS for everyone who receives their salary from Tax dollars. Every tax dollar that comes out of our pocket pays for every teacher in the state, every state trooper, every state university professor, every congressman. We as taxpayers need to know that our tax dollars are not being used to fund illegal/ illicit drug use. We should have a Urinalysis for Every Teacher, every Congressman, every State worker, Every Professor of the state universities. If that is implemented, you will notice a lot of retirements/resignations. Saving the tax payers loads of money as well as stimulating the workforce because of the jobs that will need to be filled. This Is not an invasion of privacy.

EVERYONE IS ON DOPE!

And then there’s “frank” from York, PA who isn’t buying this pollution nonsense:

get rid of state car inspections & emissions testting [sic] – all the garbage about the air is all made up. And if we are the only country doing so, it proves that the goverment are liars! Yea every knows thats true

“Joe Wehner” from Pittsburgh just feels like hating on the whole process, thankyouverymuch:

Like our government, this site is a joke! They only publish dumb democrat liberal views. GOD Forbid any views that work… They won’t publish views outside of their agenda to ruin America.

But we like we said, there are some decent suggestions.

Pennsylvania website takes taxpayers’ ideas to save money [Philadelphia Inquirer]

URINALYSIS for everyone who receives their salary from Tax dollars. Every tax dollar that comes out of our pocket pays for every teacher in the state, every state trooper, every state university professor, every congressman. We as taxpayers need to know that our tax dollars are not being used to fund illegal/ illicit drug use. We should have a Urinalysis for Every Teacher, every Congressman, every State worker, Every Professor of the state universities. If that is implemented, you will notice a lot of retirements/resignations. Saving the tax payers loads of money as well as stimulating the workforce because of the jobs that will need to be filled. This Is not an invasion of privacy.

EVERYONE IS ON DOPE!

And then there’s “frank” from York, PA who isn’t buying this pollution nonsense:

get rid of state car inspections & emissions testting [sic] – all the garbage about the air is all made up. And if we are the only country doing so, it proves that the goverment are liars! Yea every knows thats true

“Joe Wehner” from Pittsburgh just feels like hating on the whole process, thankyouverymuch:

Like our government, this site is a joke! They only publish dumb democrat liberal views. GOD Forbid any views that work… They won’t publish views outside of their agenda to ruin America.

But we like we said, there are some decent suggestions.

Pennsylvania website takes taxpayers’ ideas to save money [Philadelphia Inquirer]

Who Wants to Buy Sergei Fedorov’s House?

The former Red Wing star’s Bloomfield Hills, Michigan love rink is on the market in a short sale, as he is facing foreclosure.

In fact, he owes $2.1 million on two homes in the area and an additional $51,000 in property taxes, according to the Detroit News.

Federov claims that he lost $60 million because of Hyman Lippit, PC a local law firm. His money was tied up with a financial advisor named Joseph Zada who was also a client of Hyman. Fishy doesn’t even begin to describe this situation.

ANYWAY! If you’re interested in helping the guy out, you can get his 4,400 square foot, 4 bed, 4 bath (plus two halvsies) residence for under a mil. Plus there’s a gate! Make the man an offer.


Ex-Wing Fedorov faces foreclosure on two Bloomfield Hills homes [Detroit News via Tax Watchdog]