Category: Tax

The Department of Justice Is Not Impressed by Your Knowledge of the Internal Revenue Code

Or your perceived knowledge. One would assume that if you wrote a book titled Cracking the Code: The Fascinating Truth About Taxation In America, that you would be very familiar with this:
Tax Code.jpg
That’s the code. Four thousand some-odd pages of pure ecstasy.
Tax Update Blog tells us about Peter Hendrickson who is the author of Cracking the Code and his problems doing just that:
DOJ press release via TUB:

The 10-count indictment charged that for the calendar years 2000, 2002,2003, 2004, 2005 and 2006 Hendrickson filed IRS Form 1040 (income tax returns) and/or IRS Form 4852 (Substitute for Form W-2) stating under penalties of perjury that he had received no wages in those years. The indictment indicated that he had in fact received wages in those years in varying amounts. The evidence produced at trial established that Hendrickson had in fact received taxable wages and that his claims to the contrary were knowingly false. In reaching the verdicts, the jury rejected Hendrickson’s defense that he had a good faith belief that his statements regarding his lack of wages were true.

Followed by Joe Kristan’s thoughts:

The tax code is an awful mess, and Congress never passes up a chance to make it worse. That doesn’t mean there is a secret formula from the Illuminati that you can invoke to make it part for you like the Red Sea did for Moses.

Or that you can’t publish a book that probably cites said formula.
Time to Get a New Code-Cracker [Tax Update Blog]

Homebuyer Credit to Continue Helping People Get into Crazy Debt?

Thumbnail image for overwhelmed.jpgMaybe! The opportunity to take advantage of the current credit expires on November 30th. Luckily, the brain trust known as the U.S. Senate is all over this and is going to get a new plan in place come hell or high water.
The best part is that under the Senate’s latest proposal, the credit will now be “extended beyond first time buyers,” as reported by Bloomberg.
So, if you’ve lived in your current shack for five years and you’re looking to upgrade, you’ll be eligible for a $6,500 credit. First time homebuyers will still receive an $8,000 The new extension of the credit would be available for home purchases under contract by April 30, 2010 and close by the end of June.


But that’s not all! Under the new plan, the credit would be available for individuals earning $125k up from $75k and couples earning $250k up from $150k. Presumably more McMansions will get purchased this way.
More good news: this thing has bipartisan support:

Senate Minority Leader Mitch McConnell, a Kentucky Republican, agreed that most lawmakers support the unemployment and homebuyer measures. “We’re not that far away from an agreement,” he said earlier today.

Who knew it was possible? The problem is, not everyone thinks this is a good idea, including Joe Kristan over at Tax Update Blog:

It’s nice to know that a majority of the millionaires in the Senate think it’s wise to spend $40,000 to $80,000 of our money for each new home sale caused by the credit, even though the credit is rife with fraud.
The credit extension would be tied to an extension of unemployment benefits; the provisions may still be changed, and it has to be reconciled with a House bill that has no homebuyer credit provision.
If they extend it this time, does anybody believe they won’t try to extend it again every time it is set to expire?

And Tax Girl:

Does that cover everybody? Does everyone get a tax credit now? Cause we wouldn’t want to be handing out that free money and leave someone out.

And Don’t Mess with Taxes:

My concern is that if people need the credit to get into a first home or move up to a larger one, are they getting in over their heads in debt? And isn’t that what got us into the economic trouble we’re in now?

Call us party poopers but we’ll go with accountants over the U.S. Senate any day.
Homebuyer Credit Extension a Done Deal? NOL Carrybacks Enhanced? [Tax Update Blog]
First Time Homebuyer’s Credit Likely Expanded [Tax Girl]
Reconfigured home buyer tax credit [Don’t Mess With Taxes]
Also see: Lawmakers Find A Way To Outfox 4-Year Old Tax Cheats [DB]

Lesson of the Day: When Requesting a Bogus Tax Refund, Avoid an Excessive Amount

It makes sense that financial crimes increase during a recession. People get desperate and they start taking crazy-ass chances. Crazy-ass chances like, let’s request a tax refund for a couple hundred million dollars.
Justice.gov:

Papers filed in the cases say the defendants prepared tax returns requesting a total of $562.4 million in bogus refunds. One defendant – Dick Jenkins, of Heber City, Utah – allegedly holds himself out as a CPA and requested a $210 million fraudulent refund for one customer. The Internal Revenue Service (IRS) catches the vast majority of the bogus tax returns and blocks the claimed refunds…Altogether, according to the IRS, redemption scheme participants (including customers of the defendants in the seven lawsuits filed this week) have requested a total of $3.3 trillion in fraudulent refunds.

According to the AP, “Officials say the tax preparers often falsely tell customers the government maintains secrets accounts of money for its citizens that can be accessed by filing false returns.”
So your tax preparer tells you that by filing a fake tax return you’ll be able access a secret pile of money. Is this remotely believable? Believable to the point of saying, “Excuse me, Internal Revenue Service, you owe me $210 million”?
Some discretion, people.
DOJ Charges Seven With Seeking $562m of Bogus Tax Refunds [TaxProf Blog]
Feds file suits over $562 million bogus tax claims [AP]

SHOCKER: Volunteer Tax Preparers Have High Error Rates

Forty-one percent per a Treasury Inspector General for Tax Administration report. Luckily, the TIGTA has suggestions:

TIGTA recommended that the IRS analyze the accuracy of returns prepared at individual volunteer sites to identify patterns and concerns on which to focus education, training and accountability. The report also suggested that the IRS improve the intake sheet that is used at the start of the tax prep process to include questions based on new tax laws and filing status, and improve the reviews of intake sheets and returns completed at volunteer sites.

The TIGTA anonymously sent auditors to volunteer testing sites which seems pretty unfair. If those sneaky bastards had reviewed the tax returns instead of Monday morning quarterbacking the volunteers maybe there would’ve been less mistakes. Just a thought.

Volunteer Tax Preparers Have High Error Rates [Web CPA]

Millionaires Are Getting Hated On in California

Thumbnail image for california.jpgThese days the rich get hated on pretty much everywhere but millionaires in California have extra room to bitch now. The California Court of Appeals has rejected a taxpayer’s challenge to Proposition 63, “which imposed a 1% tax on annual incomes in excess of $1 million to fund state mental health services”.
The plaintiffs were claiming that they (and their fellow millionaires) were singled out: “In [the plaintiff’s] view, wealthy individuals are singled out to bear the burden of a public expense, while others are excused from that burden.” Yeah, non-millionaires. You mind chipping in?
Plus, the plaintiffs don’t really see the how their money and helping non-millionaire crazy people are even connected. From Jensen v. California Franchise Tax Board:

In this instance, the Taxpayers object that individuals with high incomes do not have a particular need or use for the mental health services funded by Proposition 63, i.e., there is not connection ‘between the group being assessed and the use of the funds collected.’ The argument fails, because there is no need to contrive a link between the taxpayer and the services being funded.

So apparently just because you’re a lunatic millionaire and can afford private mental health services doesn’t mean you get out of funding state-run mental health services. According to the court, millionaires need to help out the crazies that can’t afford to go to fancy-schmancy hospitals regardless of the lack of relevance.
Oh, and btw, the Plaintiffs are the real victims here, “The Taxpayers perceive themselves as victims of a populist movement to ‘soak the rich.'” How would you feel if you were a victim of a populist movement? People with torches and pitchforks outside your house. Nightmare. Think about the what the millionaires are going through, people.
California Court Upholds 1% Tax on Millionaires [TaxProf Blog]

Tax Evasion Convictions Still Work For Chicago Gangsters

Thumbnail image for al-capone.jpgChicago is maintaining it’s decades-long tradition of putting mobsters in prison not for murder, not for racketeering, but for tax evasion.
Rudy Fratto pleaded guilty to tax evasion yesterdy which could result in a sentence of 12-18 months. He admitted to not paying $140,000 in taxes he owed on $800,000 earned from 2001-2007.
Despite being from a family of alleged mobsters, association with crooked cops, and an alleged threat to a government witness in another mob case, Fratto will simply take 2010 off.
It’s unlikely that this particular story will result in a historically inaccurate movie starring Kevin Costner but at least it demonstrates the consistency of Chicago law enforcement.
Reputed mobster admits tax evasion [Chicago Sun-Times via Roth & Company, P.C.]

Deadline Watch: The Tardy Client

box of receipts.jpgA little over 24 hours from now, anyone that is currently up to their asses in 1040s will grab the nearest person and try to shameless make out make out with them like it’s V-J Day.
Between now and then however, a client will call some of you DEMANDING that you complete their return that has a dozen K-1’s and a mind-numbing AMT calculation, before the midnight deadline. Oh, and they don’t want to pay any tax.
You, typically being the mild-mannered accountant, just up and lose your shit on this unsuspecting client, who then realizes their tardiness is the cause of this little conundrum, not your lack of a magic wand.
Congrats! You’ve successfully convinced a client that they’ll be filing late, paying a penalty and hereby suck at life. They deserve it anyway, asshats. Feel free to discuss your favorite delivery of last minute bad news to clients and enjoy the next 24 hours, 1040 trolls.

Deadline Watch: October 15th

crawling.jpgOne week until all is right with the entire world, tax preparers. Oh sure, maybe since partnership returns are now due on September 15th, the October deadline doesn’t have the same urgency as in years past but at the very least, it marks the official end to another tax season.
There are still plenty of you that are still slogging through 1040s though, so hang in there. If you’ve got any last minute meltdowns or clients that are giving you serious heartburn, let us know or discuss in the comments.
The rest of you, commence schadenfreude. Unless you like the week leading up to a deadline. Sickos.

The IRS Will Pay You for Snitching but You Better Have a Big Fish and Don’t Mind Waiting

IRS_logo-thumb-150x140.jpgRecently we discussed snitching on tax cheats in the UK and we speculated that tax rats Stateside would be less common because of the increasing trend of hating (or just plain killing) on the Federal Government.
Well, we were dead wrong. Since Congress passed the Tax Relief and Health Care Act of 2006, the payouts to whistleblowers increased from a maximum of 15% of the recovered proceeds to a maximum of 30%. So far the temptation is working as tips to the IRS have increased to 476 for the latest fiscal year (9/30) compared to just 116 in the previous year.
Continued, after the jump


The catch is that the IRS doesn’t want to hear about your elderly neighbor that’s running numbers out of their basement for extra cash. No, they want the serious scofflaws, according to the Tax Girl, “the tax, penalties, interest, additions to tax, and additional amounts in dispute must exceed $2 million for any taxable year (that’s the sother restrictions also apply).”
So if you crunch the numbers, you can see there’s plenty of motivation to flip on someone if you know they are a tax dodger. Problem so far is that because of the boring arcane nature of tax law and the swiftness of the American court system, not one payout has occurred to date.
Plus, the law isn’t exactly encouraging the most honest of folks to come forward when you consider that Joe Francis’s accountant ratted him out only to be accused of shenanigans himself. And as Joe Kristan points out, “…there is always something creepy about the IRS being able to horn in on confidential client-professional relationships…”
The IRS probably isn’t worried too much about who gives them the information, just as long as they get it, so they’ll probably make a run at this with an imperfect system and with sources of questionable motivation for the time being.
If You Pay Them, They Will Come [Tax Girl]
Informant Program Spurs IRS Whistleblower Tips [Web CPA]
30 Pieces of Silver or 30 Percent of the Gross [Roth & Company, Tax Update Blog]

Snitching in the UK Must Not Be a Big Deal

Thumbnail image for bubbles.jpgThe UK version of the IRS, Her Majesty’s Revenue and Customs, is looking for snitches.
Apparently the tax collection sitch has gotten so dire across the pond that the HMRC now needs ordinary folks to come forward out of the goodness of their hearts or their desire to screw over their personal nemeses, since the “HMRC says it takes all allegations seriously”.
We probably don’t have to tell you how well this would go over in the States. If they’re hanging volunteers for the census bureau in Kentucky, imagine what would happen if you called up the IRS to tell them about their neighbor not reporting the value of the keg beer they drank for helping you paint your house.
Snitch on your neighbours: HMRC [Accountancy Age]

The President Wants Your Ideas On Tax Reform

obama_point.jpgNo, seriously. Get on this. Now before you libertarian types start screaming for abolishment or fans of Teve Torbes start demanding a flat tax, the Briefing Room Blog states that, “The mandate to the [President’s Economic Recovery Advisory Board] is NOT to recommend a new tax system.” Their emphasis, so that means they’re serious. No messing about the current system because it’s just fine, thanks.
So, sorry people, taxation with incompetent representation will continue but this is your chance to get off your asses and at least pretend like you’re making something happen.
Do your part, after the jump


But don’t even think about raising taxes on the middle class, however you choose to define it, “They were instructed not to consider options that involve raising taxes on families making less than $250,000 per year. So be mindful of their constraints when submitting ideas.”
There, now if you had career changing moment this week, this is your chance to give back. So take a week to think about it and then sober up and get to work. You’ve got until October 15th, a familiar deadline. See? They’re thinking about you.
Tax Reform Subcommittee Requests Ideas [Whitehouse.gov]
President Obama Wants Your Tax Reform Ideas [TaxProf Blog]