Number of U.S. Expatriates Still Growing

Had it up to here [bridge of your nose or so] with taxes in the United States? Giving more thought to GTFO and never coming back? You’re not alone.

More people expatriated from the U.S. in the first quarter of 2011 than in the first quarter of 2010. This after the increase in Q1 of ’10 was more than double than Q1 of ’09. Perhaps this is due to some sort of a “I need to get the hell out of this country” resolution but you could also assume that these folks don’t align themselves with the Patriotic Millionaires.

[ITB via TaxProf]

Note: Private Lap Dances Are Not Tax Exempt in New York

This one is for you, ladies of the night.

A 2005 audit by the New York Division of Taxation found gentlemen’s club Nite Moves owed over $125,000 in sales tax on door admissions and private lap dance sales. The club argued that dances are a performance, not a taxable “service.” We’ll leave that one alone.

A New York State appellate court ruled last Thursday that private lap dances are not a dramatic or musical art performance, despite Nite Moves’ claims to the contrary. It is unclear whether any state taxation authorities partook in said private lap dances to make this determination.

In this case, the burden of proof rested on the club, who did not provide enough evidence to satisfy their claim, according to the five judge panel that made the ruling. “In short, petitioner was denied the requested relief due not to the nature of its business but, rather, because of the inadequacy of its proof,” they said.

The club’s lawyer, Andrew McCullough, plans to appeal the decision. “We brought in the foremost expert in the field,” he said. “She is the one in this country who has made a complete and detailed study of the art of exotic dance and if they are not going to believe her I don’t know who you believe.”

That expert had not actually seen Nite Moves’ dancers but other, similar exotic performances. As any connoisseur of naked gyrating women knows, not all naked gyrating is created equal.

Tax laws in New York State require sales taxes to be collected and paid on admission to or the use of any place of amusement except for dramatic or musical arts performances.

Maybe if the strippers wore historical costumes or mime makeup they’d have a case.

Hey, Nite Moves, you really should have called the Tax Domme, she knows all about this stuff.

New York court rules private lap dances not tax exempt [Reuters]

Presidential Candidate Tim Pawlenty Doesn’t Want to Bore You with the Gory Details About How He’ll Pay for His Proposed Tax Cuts

Former Minnesota Governor Tim Pawlenty wants to cut taxes. He’s a Republican after all and Grover Norquist probably has lewd photos and several sternly-worded letters waiting in the wings should TP give the impression that he’ll do anything but slash rates.

Pawlenty’s plan calls for two rates, 10% for on the first $50k/$100k (single, married) earned and 25% for anything above that. He’s also proposing a flat 15% corporate tax rate. He would eliminate the capital gains, dividends, interest and estate taxes.

Pretty expensive proposition so it’s got to be paid for, right? Pawlenty’s got a plan for that too:

To pay for the tax cuts, Pawlenty said he would eliminate unspecified tax loopholes and subsidies. “The Tax Code is littered with special interest handouts, carve-outs, subsidies and loopholes,” he said. “That should be eliminated.”

This is one of those instances where a reporter may ask the follow-up question, “Governor, which tax credits would you eliminate?” To which Pawlenty answers, “Yes.”

[via AT]

If You Ever Attend a Meeting Run by Grover Norquist, Know That Your Coffee and Bagel Consumption Will Be Tracked

Bloomberg has a profile of Americans Tax Refund Founder and spending hatchet-man Grover Norquist out today and if you’re not familiar with the man or his mission, you’d think he was the scariest Swede since snark and sass into otherwise dry debates but others don’t see it that way.

Exhibit 1: Former Senator Alan Simpson, is quoted as saying, “If you are in thrall to Grover Norquist,” the Wyoming Republican who co-led the debt panel said he told the group in February, “this country hasn’t got a prayer.”

Exhibit 2: Rep. Chris Van Hollen’s (D-MD) assessment:

“Until Republicans are more afraid of the deficit than they are of Grover Norquist, we’re going to have a problem,” said Representative Christopher Van Hollen of Maryland, the top Democrat on the Budget Committee.

And I suppose, if you are a Democrat, a relatively pragmatic Republican or a cancer survivor (or a nonprofit that fights cancer) Grover could be pretty scary. He doesn’t take too kindly to those in the GOP who want to raise taxes or eliminate reductions or credits that aren’t matched with further reductions in taxes. You can just ask Tom Coburn:

Norquist has attacked Senator Tom Coburn, a onetime member of the Gang of Six, because the Oklahoma Republican raised the possibility of eliminating tax breaks. Norquist said if Coburn agreed to a tax increase “he was elected on a lie.”

Now, based on that, you may get the impression that Norquist is simply a bearded Sarah Palin but you’d be wrong. Bloomberg reports that he while he does sit on the board of the NRA, he also is an adviser to GOProud and that his wife is a Kuwaiti-born Muslim.

But what may make Grover so scary-good at holding people’s feet to the fire is his attention to detail. To be a tax and fiscal wonk, you kinda need to be obe made that way but Bloomberg gives us the impression that his wonkiness transcends simple Federal government matters:

Norquist, who peppers his conversation with comic voices, Chekhov quotes and references to the movie “Grease,” is big on numbers. He knows what year his meeting reached an average of 80 people and when it grew to 100. He keeps charts on how much coffee and how many bagels are consumed, and his staff counts the attendees every 15 minutes so he can graph the flow.

So for any aspiring Grovers or Grovettes out there, this is what you’re emulating. Best start with the simple stuff.

No-Tax ‘Zealot’ Norquist Emerges as Barrier to U.S. Debt Deal [Bloomberg]

ATR to Senators: Sign the Close Big Oil Tax Loopholes Act of 2011 at Your Own Peril

Free market Norseman Grover Norquist sent a letter to “Senators” today, urging them to vote against the cleverly titled Close Big Oil Tax Loopholes Act of 2011. And for anyone that has signed the Taxpayer Protection Pledge, let it be known that you’ll be in direct violation of said pledge if you also sign the CBOTLA2011. This means you can expect ATR hellfire – in the form of sternly-worded letters – to rain upon you. If you think they’re bullshiting, just ask Tom Coburn what happens with you mess with the (Viking) horns.

From GN’s latest correspondence:

Voting for the Close Big Oil Tax Loopholes Act of 2011 is a violation of the Taxpayer Protection Pledge. Senate Democrats advocating for this legislation predicate their arguments on three false suppositions:

1. Taxing oil companies will bring down the price of gas
2. Washington needs more money
3. Oil and natural gas producers are the recipients of government subsidies

None of these presumptions are true.

Coinciding with the recent rise in gas prices were Democrat calls to raise taxes on America’s oil and natural gas producers—some of this country’s finest job creators. This line of reasoning is illogical. Raising the cost of producing crude oil will necessarily raise the price of gasoline.

As many Americans now understand, this country doesn’t have a revenue problem, we have a spending problem. Democrats are defaming oil and natural gas companies—with stunts like last week’s Senate Finance hearing—because they see these successful businesses as a way to fund a bloated federal government. President Obama’s Party has demonstrated no interest in seriously reducing spending.

So if you want to be associated with that, Senators (and I suspect The Gipper would be very disappointed), go ahead and sign CBOTLA2011. But you’re on notice.

Senate Energy Tax Hike Vote is a Taxpayer Protection Pledge Violation [ATR]

Marlee Matlin Can Add ‘Constitutionally Challenged’ to Her List of Disabilities

Academy-Award winning actress Marlee Matlin admits to People mag that she owes $50,000 to the IRS and isn’t at all embarrassed by this fact. ”I’m paying it back. I’m not shying away from it and I’m certainly not ashamed of it,” Matlin told the magazine. “It doesn’t mean I’m a bad person. It’s reality. It’s the reality that a lot of people in America are facing.” You tell ’em, girl!

The Celebrity Apprentice “star” (we use that term loosely, not being a huge fan of D-lister reality shows featuring hot messes such as Gary Busey and Lil’ Jon) tells People celebrity isn’t all it’s cracked up to be and, in fact, it’s her four kids and modest middle class life in the ‘burbs that is to blame. “Living modestly in a suburban neighborhood while trying to support four children through private school is not extravagant or living large,” Matlin said. “My husband is a Los Angeles area police officer and between the two of us we have always made ends meet in the past — and we will in this circumstance as well.”

To adjust to their new life as (probably accidental) tax protesters, the Matlin clan plans to make some important financial adjustments, like putting their poor children into public school. “At the end of the day, it’s about the best interests of the children,” she said. “Transitioning out of a private school environment will certainly relieve some of the financial pressures but hopefully this will not compromise the kids.”

Yes, hopefully it will not. Let the record reflect AG is a product of public school and we all know how horribly I turned out; someone pray for those kids.

Despite these hardships, Matlin seems upbeat and not at all worried about what this means for her reputation (let’s hope the IRS didn’t put her in the non-TIGTA-friendly “Tax Terrorist” category). “I’m not broke. Like everybody else, I owe money. My family is healthy and happy.”

Marlee Matlin Is Paying $50,000 in Back Taxes [People]

Tax Professionals Should Keep One Simple Thing in Mind When Assessing Their Performance

It’s getting to be that time of year, after all:

We’re doing reviews performance reviews, and the first item to assess is, “Knowledge and application of applicable accounting procedures and law.” First you check the appropriate box: Needs improvement; Meets expectations; Exceeds expectations; Far exceeds expectations. Then you have to write a comment. Here’s what I’ve got:

The Internal Revenue Code is 4,212 pages in 2 point font, I think the fact that I know any of it qualifies me to check the box – FAR EXCEEDS EXPECTATIONS

Other responses are welcome. Or send them our way.

TIGTA Scolds IRS for Name-calling…Again

The office of the Treasury Inspector General for Tax Administration has released a report showing that IRS employees continue to use now prohibited language like “tax protester” and (our personal favorite) “Constitutionally-challenged” in reference to non-compliant taxpayers, despite being barred from doing so since 1998.

Congress enacted the Internal Revenue Service Restructuring and Reform Act of 1998 (RRA 98) Section 3707 to prohibit the IRS from labeling taxpayers as “Illegal Tax Protesters” or any similar designations. However, IRS employees continue to refer to taxpayers by these designations in case narratives. Using “Illegal Tax Protester” or other similar designations may stigmatize taxpayers and may cause employee bias in future contacts with these taxpayers.

Prior to enactment of the RRA 98, the IRS used the Illegal Tax Protester Program to identify individuals and businesses that were using methods that were not legally valid to protest the tax laws. Employees identified taxpayers for referral to the program when their tax returns or correspondence contained specific indicators of noncompliance with the tax law, such as the use of arguments that had been repeatedly rejected by the courts. There were tax protester coordinators who were responsible for determining whether a taxpayer should be included in the Illegal Tax Protester Program; if a taxpayer was classified as an Illegal Tax Protester, the taxpayer’s record was coded as such on the Master File. Once a taxpayer’s account was coded, certain tax enforcement actions were accelerated. The designation was also intended to alert employees to be cautious so they would not be drawn into confrontations with taxpayers.

The IRS has not reintroduced past Illegal Tax Protester codes or similar designations on taxpayer accounts. In addition, the Internal Revenue Manual no longer contains any Illegal Tax Protester references. However, TIGTA found that out of approximately 3.6 million records and cases, there were 38 instances in which 34 employees had referred to taxpayers as “Tax Protester,” “Constitutionally Challenged,” or other similar designations in case narratives on the computer systems analyzed.

The TIGTA made no recommendations after their report, as the IRS has continued to use the term “tax protester” in taxpayer case files when it sees fit, despite the fact that the TIGTA feels this is not in compliance with RRA 98 § 3707 for obvious reasons.

It appears they do this once a year:
The TIGTA Would Prefer It if the IRS Could Use a Nicer Term Than “Tax Protester”

Grover Norquist Advises Obama on How to Win Texas in 2012, Reaffirms Ability to Get Sassy

As we’ve noted before, you’d be wrong if you thought Ronald Reagan worshipper and ATR President Grover Norquist and his merry band of anti-tax orcs weren’t capable of a pinch of sass:

Obama should focus on winning the electoral votes of Texas. He could highlight his ongoing efforts to destroy the oil and gas industry through taxation and regulation. Also his hostility to the Second Amendment. And spending binges and tax hikes. The small-minded will not see the opportunity for Obama in Texas, but with enough money spent in the state and not frittered away in Virginia and Florida good things can happen for America.

Or a punch of sass.

[via Politico via ATR]