IRS News/Politics

Tax Advice – Does your Dentist know the answer?

by Michael S. Anderson, P.C. on January 18, 2012

Earlier this month the First Circuit Court of Appeals upheld the conviction of a couple who based their actions on some bad advice from their dentist.  (See United States V. Allen) Apparantly, the dentist convinced the couple that tax return filing and tax payment weren’t legally required. 

So in 1998, they began to claim exemptions from withholding for federal income taxes and their employer stopped withholding income tax from their paychecks.  They then classified themselves as independent contractors and as a result the employer stopped withholding FICA i.e. social security and medicare.  In 2000, they stopped filing tax returns.   They also closed all bank accounts, had checks written to them made payable to cash or directly to their creditors and transferred title on the home into a trust.

In 2009, the Government charged them with one count of  conspiracy to commit fraud on the United States, one count of attempted tax evasion, and four counts of willful failure to file income taxes.

At trial, the primary defense was a good faith reliance on the prior advice they received from this dentist.  There is a basis to argue that a taxpayer lacks the “willfulness” necessary for a tax evasion conviction, if he or she honestly (not necessarily reasonably) believed, based on a misreading of the tax law, that no tax is owed, [See Cheek v. United states, 498 U.S. 192 (1991)]  The Jury didn’t buy it though. The pair were convicted and each ended up recieving three years in prison.

To some, the moral of this story is that you should file your tax returns, disclose your income, and pay the tax.

For others, the outtake from this case, is to be extra careful when picking one of the many tax advice dispensing dentists in your area.

 

 

image credit: popular-pics.com

Late IRS Tax Returns – We are being watched by the IRS

by Michael S. Anderson, P.C. on November 29, 2011

Timothy J. Patton and his wife Dawn of Big Sandy Texas were sentenced on September 30, 2011, to 40 months and 36 months in prison, respectively.   They were also ordered to pay $571,734 in restitution to the Internal Revenue Service.  The Pattons were found guilty in July, of “conspiracy to attempt to evade federal income tax” and five counts of “attempting to evade federal income tax”.  

Apparently, the Pattons stopped filing federal income tax returns in the year 2000 amongst other things.  These other things included lying in order to avoid having taxes withheld from paychecks.

The point in letting you know about Mr. and Mrs.  Patton is to remind you that the system is set up to watch us.  If you have been working, and that income is being reported to the IRS as is required, the IRS knows the amount, when it was paid, and whether you have disclosed it via a tax return filing.  If you haven’t filed properly or at all, the system is churning and spitting out notices and reminders to let you know they are onto you.

Eventually, they will do the work for you, via a substitute return, and/or charge you with a crime.  It is just the way it is.  There is no escape.  You have to join the collective, gather enough friends to vote in a new tax system or go into hiding.

The good news is…it usually takes quite a bit of evading and non filing for the system to charge you with a crime.  Lots of years unfiled, high income, prominent or interesting person?  The odds and speed will increase.

If you have unfiled returns and want to avoid future entanglements with the IRS, I suggest that you talk to an attorney about your tax return situation.    There are other reasons to get the returns filed as well.  Read more here.

 

 

In the past, the IRS was careful about seizing retirement plans and homes in order to collect debt.  Even if asked to do so, revenue officers were reluctant.  Apparently and according to this recent article from the examiner,  “Obama’s IRS to initiate full court press, warn tax law experts”,  someone has changed their mind.  I have seen a more aggressive attitude as well, and in some cases an unwillingness to accept an alternative arrangement unless the equity in an account or home was looked at first.

If this holds true, it will become more important for taxpayers to be aware of tax lien recordings.  These recordings make it difficult to discharge income tax in bankruptcy and to emerge unscathed.  The lien when recorded timely and properly, will remain attached to the retirement account asset and the home equity if any, after the chapter 7 is concluded.   It will have to be paid at least it’s value in a chapter 13 bankruptcy.

This will make the bankruptcy filing less effective, or not at all depending on the taxpayer’s circumstance.

If you know you will have serious tax debt or have serious debt already, and the tax lien has not been recorded, you should consider moving forward with your plans to seek experienced counsel regarding your options.

Roni Deutch Closes Tax Business and Surrenders Law License

by Michael S. Anderson, P.C. on May 17, 2011

According to a post in the “Consumerist” Roni Deutch of late night TV fame, has closed her tax firm and given up her law license.

She is in the process of being sued for $34 million dollars by the California Attorney General who is claiming that she defrauded thousands of customers.

According to the article she said…”It’s a sad, miserable day at my law firm,” “I’ve represented 20,000 taxpayers; 4,000 existing clients will soon be without legal representation…. I am totally, completely broke.”

A commenter to the article may have summed up what many consumers may feel about high pressure, high volume tax firms….”They promise you the world, but in the end it is not the face of the firm actually doing the fighting. They just count on preying on people who don’t know how to handle this themselves and are willing to give up their last remaining dollars to get it resolved. After the firm has their money, they know the client has nothing left to fight with and will just go away.”

Be careful out there.

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The IRS Dirty Dozen – Some Questions

by Michael S. Anderson, P.C. on April 8, 2011

The IRS likes to warn it’s citizens what to be careful of in order to avoid problems. The “dirty dozen” is the title each year. This year the list covers the following items:

Hiding Income Offshore

ID theft and Phishing

Return Prep Fraud

False/misleading tax returns

Frivilous Arguments

Nontaxable social security benefits and exaggerated withholding credits

Abuse of Charitable Organizations and Deductions

Abusive Retirement Plans

Disguised Corporate Ownership

Zero Wages

Misuse of Trusts

Fuel Tax Credit Scams

Visit the list and more explanation here.

Quite a list.

So, what is the point of this post other than to provide a link for you to visit the IRS site and read more about this? Maybe it is to raise the questions…

1. does our current tax system work? i.e does it create criminals?

2. should the IRS know about our personal lives to the extent it does? Income earned, mortgages, medical costs, mileage driven, etc. etc. etc.

3. is there a better way to collect some tax that wouldn’t require the disclosure of so much personal information to the government?

You are welcome to comment.

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The IRS’ Name is Being Used to Try and Scam You

by Michael S. Anderson, P.C. on January 30, 2008

The IRS has issued the following warning about email, phone etc. scams being perpetrated on the unwary.

WASHINGTON — The Internal Revenue Service today warned taxpayers to beware of several current e-mail and telephone scams that use the IRS name as a lure. The IRS expects such scams to continue through the end of tax return filing season and beyond.

The IRS cautioned taxpayers to be on the lookout for scams involving proposed advance payment checks. Although the government has not yet enacted an economic stimulus package in which the IRS would provide advance payments, known informally as rebates to many Americans, a scam which uses the proposed rebates as bait has already cropped up.

The goal of the scams is to trick people into revealing personal and financial information, such as Social Security, bank account or credit card numbers, which the scammers can use to commit identity theft.

Typically, identity thieves use a victim’s personal and financial data to empty the victim’s financial accounts, run up charges on the victim’s existing credit cards, apply for new loans, credit cards, services or benefits in the victim’s name, file fraudulent tax returns or even commit crimes. Most of these fraudulent activities can be committed electronically from a remote location, including overseas. Committing these activities in cyberspace allows scamsters to act quickly and cover their tracks before the victim becomes aware of the theft.

People whose identities have been stolen can spend months or years — and their hard-earned money — cleaning up the mess thieves have made of their reputations and credit records. In the meantime, victims may lose job opportunities, may be refused loans, education, housing or cars, or even get arrested for crimes they didn’t commit.

The most recent scams brought to IRS attention are described below.

Rebate Phone Call

At least one scheme using the word “rebate” as part of the lure has been identified. In that scam, consumers receive a phone call from someone identifying himself as an IRS employee. The caller tells the targeted victim that he is eligible for a sizable rebate for filing his taxes early. The caller then states that he needs the target’s bank account information for the direct deposit of the rebate. If the target refuses, he is told that he cannot receive the rebate.

This phone call is a scam. No legislation has yet been enacted that would allow the IRS to provide advance payments to taxpayers or that determines the details of those payments. Moreover, the IRS does not force taxpayers to use direct deposit. Those who opt for direct deposit do so by completing the appropriate section of their tax return, with bank routing and account information, when they file; the IRS does not gather the information by telephone.

Refund e-Mail

The IRS has seen several variations of a refund-related bogus e-mail which falsely claims to come from the IRS, tells the recipient that he or she is eligible for a tax refund for a specific amount, and instructs the recipient to click on a link in the e-mail to access a refund claim form. The form asks the recipient to enter personal information that the scamsters can then use to access the e-mail recipient’s bank or credit card account.

In a new wrinkle, the current version of the refund scam includes two paragraphs that appear to be directed toward tax-exempt organizations that distribute funds to other organizations or individuals. The e-mail contains the name and supposed signature of the Director of the IRS’s Exempt Organizations business division.

This e-mail is a phony. The IRS does not send unsolicited e-mail about tax account matters to individual, business, tax-exempt or other taxpayers.

Filing a tax return is the only way to apply for a tax refund; there is no separate application form. Taxpayers who wish to find out if they are due a refund from their last annual tax return filing may use the “Where’s My Refund?” interactive application on the IRS Web site at IRS.gov. The only official IRS Web site is located at www.irs.gov.

Audit e-Mail

Another new scam brought to IRS attention contains features not seen before by the IRS. Using a technique calculated to get almost anyone’s attention, the e-mail notifies the recipient that his or her tax return will be audited. This is the first scam of which the IRS is aware that uses this to get the victim to respond.

Unusual for a scam e-mail, it may contain a salutation in the body addressed to the specific recipient by name. Most scam e-mails seen by the IRS are sent using the same technique used by spammers, in which hundreds of thousands of messages are sent to potential victims based on Internet address. Because of the volume, the typical scam e-mail is not personalized.

This e-mail instructs the recipient to click on links to complete forms with personal and account information, which the scammers will use to commit identity theft.

This e-mail is a phony. The IRS does not send unsolicited, tax-account related e-mails to taxpayers.

Changes to Tax Law e-Mail

This bogus e-mail is addressed to businesses, accountants and “Treasury” managers. It instructs them to download information on tax law changes by clicking on a series of links to publications on businesses, estate taxes, excise taxes, exempt organizations and IRAs and other retirement plans. The IRS believes that clicking on a link downloads malware onto the recipient’s computer. Malware is malicious code that can take over the victim’s computer hard drive, giving someone remote access to the computer, or it could look for passwords and other information and send them to the scamster. There are other types of malware, as well.

The urls contained in the link are not legitimate IRS Web addresses. All IRS.gov Web page addresses begin with http://www.irs.gov/.

Paper Check Phone Call

In a current telephone scam, a caller claims to be an IRS employee who is calling because the IRS sent a check to the individual being called. The caller states that because the check has not been cashed, the IRS wants to verify the individual’s bank account number. The caller may have a foreign accent.

In reality, the IRS leaves it entirely up to the individual to choose to cash or not cash a paper check. The IRS has no business need to know, and does not ask for, bank account or similar information, except when taxpayers indicate on their tax return that they are opting for the direct electronic deposit of their refund. In that case, however, it is the individual’s responsibility to provide the IRS with the correct bank routing and account numbers on the tax return; the IRS does not contact taxpayers to verify the information.

What to Do

Anyone wishing to access the IRS Web site should initiate contact by typing the IRS.gov address into their Internet address window, rather than clicking on a link in an e-mail or opening an attachment.

Those who have received a questionable e-mail claiming to come from the IRS may forward it to a mailbox the IRS has established to receive such e-mails, phishing@irs.gov, using instructions contained in an article on IRS.gov titled “How to Protect Yourself from Suspicious E-Mails or Phishing Schemes.” Following the instructions will help the IRS track the suspicious e-mail to its origins and shut down the scam. Find the article by visiting IRS.gov and entering the words “suspicious e-mails” into the search box in the upper right corner of the front page.

Those who have received a questionable telephone call that claims to come from the IRS may also use the phishing@irs.gov mailbox to notify the IRS of the scam.

The IRS has issued previous warnings on scams that use the IRS to lure victims into believing the scam is legitimate. More information on identity theft, phishing and telephone scams using the IRS name, logo or spoofed (copied) Web site is available on the IRS Web site at IRS.gov. Enter the terms “phishing,” “identity theft” or “e-mail scams” into the search box in the upper right corner of the front page.

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CALIFORNIA DENTIST CONVICTED OF TAX FRAUD

by Michael S. Anderson, P.C. on December 19, 2007

From the IRS Tax Fraud Department:

On August 11, 2006, in San Francisco, CA, Roy Albert Lewis was convicted of conspiring to defraud the United States and evading his income taxes for 1998 through 2001.According to the indictment and evidence introduced at trial, in approximately 1995, Lewis became a client of Tower Executive Resources, a Denver organization which promoted a tax evasion scheme involving the use of false invoices.Lewis’s medical practice paid bogus expenses to Tower for items such as franchise, consulting, or management fees to generate huge tax deductions. Tower then deposited the bulk of those funds into a secret offshore bank account which Lewis controlled.Over a ten-year period, Lewis sent $300,000 to this secret offshore bank account through the Tower system. In addition, when the IRS learned of the Tower scheme and audited the defendant, he stopped filing income tax returns and falsely claimed that he believed that the law did not require him to file.

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ARIZONA TAX PREPARER INDICTED. OR…. IF IT SOUNDS TO GOOD, IT IS.

by Michael S. Anderson, P.C. on December 17, 2007

Every time a tax preparer gets indicted in the Valley, tax attorneys and accountants are likely bombarded with calls. Why?

The tax preparer has a large clientele that has been built over the years by overstating deductions and creating larger refunds and smaller tax bills. Clients love it. They continue to refer. The clientele grows so large that the State of Arizona or the Feds smell something and swoop in. Shortly thereafter, audit notices go out to the taxpayers.

The Decker family is apparently one of these tax preparation services who pad numbers to get more business. They appear to have been caught. Here is an article is from September 29.

I write about this because the ADOR just sent out the audit letters related to his return work and I have been bomarded with questions.

My initial advice, is review your return every time. You are responsible for it’s contents. Second, if something about the return appears to be to good, it probably is.

Lastly, if you have been caught up in this kind of scheme, it may be wise to speak to your tax attorney.

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IRS Launches website to help taxpayers facing foreclosure

by Michael S. Anderson, P.C. on September 25, 2007

WASHINGTON — The Internal Revenue Service unveiled a special new section today on IRS.gov for people who have lost their homes due to foreclosure. The IRS also reassured homeowners that, although mortgage workouts and foreclosures can have tax consequences, special relief provisions can often reduce or eliminate the tax bite for financially strapped borrowers who lose their homes.

The new section of IRS.gov includes a variety of information, including a worksheet designed to help borrowers determine whether any of the foreclosure-related relief provisions apply to them. For those taxpayers who find they owe additional tax, it also includes a form they can use to request a payment agreement with the IRS. . In some cases, eligible taxpayers may qualify to settle their tax debt for less than the full amount due using an offer-in-compromise.

The IRS urges struggling homeowners to consider their options carefully before giving up their homes through foreclosure.

Under the tax law, if the debt wiped out through foreclosure exceeds the value of the property, the difference is normally taxable income. But a special rule allows insolvent borrowers to offset that income to the extent their liabilities exceed their assets.

Visit the IRS page for foreclosures – http://www.irs.gov/newsroom/article/0,,id=174034,00.html

Source – IRS

 

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OFFER IN COMPROMISE ACCEPTANCE RATES ARE UP

by Michael S. Anderson, P.C. on August 9, 2007

The IRS report for Delinquent Collection Activities, for the fiscal years 2003-2006 show that the number of offers have dropped from 128,000 in 2003 to 59,000 in 2006. The percentage of offers accepted has risen from 17% in 2003 to 25.4% in 2006.

Fewer offer filings could mean that many misunderstand the 20% payment with the offer rule. It could also mean that offer filers and their representatives are being more careful about the offers filed……nah.

The 20% rule requires that the taxpayer send 20% of the offer amount with the cash offer paperwork, NOT the amount of the overall debt.

Make sure and speak directly to a tax attorney when considering an offer in compromise, they can be complicated and for a number of reasons may not be the best idea in every situation.

Read the IRS data here.

Contact me here.

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