Tax Problem Attorney Blog

A Southern California tax return preparer, Matthew Carl Berry, was convicted of one count of conspiracy to defraud the IRS pursuant to 18 U.S.C 371, and three counts of filing false federal income tax returns. According to the indictment among other things Berry prepared false documents to be used in IRS tax audits. According to the press release issued by the Department of Justice Tax Division’s criminal tax attorneys, Berry prepared fraudulent tax returns by claiming mortgage interest deductions for taxpayers who did not own homes. Berry faces up to 5 years imprisonment, and a fine of up to $250,000 for the conspiracy conviction, and another three years for the criminal tax convictions for filing false income tax returns. Berry could also be subject to civil tax preparer penalties pursuant to Internal Revenue Code § 6694.

If you have concerns about exposure to criminal tax fraud penalties or civil tax fraud penalties contact the tax dispute lawyers at Brager Tax Law Group, A P.C.

Posted by Dennis N. Brager | Permalink | Email This Post

Posted In: Tax Fraud , Tax Litigation and Tax Controversy , Tax Preparer Penalties

Bookmark:

David Szen, the former traveling secretary for the New York Yankees, was sentenced on April 4, 2008 to 2 years probation for tax crimes. Szen was also ordered to pay a tax debt of approximately $10,285 in taxes, plus tax penalties and interest, as well as a fine in the amount of $7,500. Szen had waived his right to indictment and plead guilty to one count of filing a false tax return pursuant to Internal Revenue Code § 7206(1). It is likely that Szen will have additional civil tax debts.

According to the IRS, Szen while an employee of the New York Yankees, failed to report tip income of approximately $53,350 on his individual income tax returns for the tax periods 2001 through 2005. The tips came from unidentified players and coaches ranging from a few hundred to $10,000.

Sven took a leave of absence from the Yankees in July of 2007 pending the investigation by the Internal Revenue Service (IRS) Criminal Investigation Division and was later fired by the Yankees after pleading guilty.

According to the New York Post, the IRS has been investigating possible tax evasion by Major League Baseball clubhouse employees who pocket large, under-the-table tips from players for doing various nonbaseball related errands. The investigation took full swing after investigators noticed a large discrepancy in the amount of tips to clubhouse workers players claimed as tax deductions versus the amount of tip income clubhouse workers reported. The gap between deductions and nonreported tips ranges from around $100,000 to over $1 million per team.

If you have been accused by the IRS of tax fraud or tax evasion contact the Southern California tax lawyers at Brager Tax Law Group, A P.C.

Posted by Dennis N. Brager | Permalink | Email This Post

Posted In: Tax Fraud

Bookmark:

Tax lawyers from the Department of Justice are seeking to enjoin two tax return preparers from representing anyone before the Internal Revenue Service (IRS) , acting as tax preparers or engaging in any other tax related conduct. The IRS complaint also seeks an injunction barring the tax preparers from engaging in conduct which is subject to the tax preparer penalties of Internal Revenue Code § 6694. The injunction was requested pursuant to Internal Revenue Code § 7407 and Internal Revenue Code § 7408.

According to the IRS complaint the tax return preparers committed tax fraud by filing fraudulent tax returns, and fraudulent amended tax returns claiming deductions for bogus mining development costs. Interestingly the IRS complaint alleges that 7 of the customers who had fraudulent tax returns prepared were NFL football players. The IRS complaint does not reveal the names of the players, and there is no indication in the complaint that the players knew that tax fraud had been committed.

If you are a tax preparer who has been accused by the IRS of tax fraud, tax evasion or violation of the tax return preparer penalty rules under Internal Revenue Code § 6694 contact the Southern California tax lawyers at Brager Tax Law Group, A P.C. Our tax lawyers represent clients throughout California, including Orange County, the Inland Empire, San Bernardino County, and Riverside County including the cities of Newport Beach, Laguna Beach, San Juan Capistrano, San Clemente, Mission Viejo, Laguna Niguel, Laguna Hills, Dana Point, Huntington Beach, Long Beach, Costa Mesa, Anaheim and Santa Ana.

Posted by Dennis N. Brager | Permalink | Email This Post

Posted In: Tax Disputes , Tax Fraud , Tax Litigation and Tax Controversy , Tax Preparer Penalties

Bookmark:

Sometimes taxpayers want to be “creative” in filling out IRS Form 433-A (Collection Information Statement for Wage Earners and Self-Employed Individuals). Stephen Miller got too creative, and he was found guilty of tax evasion in violation of Internal Revenue Code § 7201. He was sentenced to 46 months imprisonment. The conviction was upheld by the Court of Appeals. United States v. Stephen Miller (No. 06-11078) (5th Cir. 2008). Miller, who owed the Internal Revenue Service (IRS) about 2 million dollars filed an offer in compromise with the IRS in which he stated he had insufficient assets and income to pay the tax debt. The IRS Form 433-A (Collection Information Statement for Wage Earners and Self-Employed Individuals) he filed stated he only had $40,000 in assets including an IRA with a balance of $25,000. What he didn’t tell the IRS was that he had withdrawn $1,000,000 from his IRA, and transferred it offshore. When the IRS asked about the money taken out of the IRA he responded that the money had been used to pay off a loan Euromex Leasing Corporation in the Isle of Mann. As it turned out Euromex was a shell corporation controlled and formed by a financial planner that Miller consulted to hide his money from the IRS. And how did the IRS find out that it was all a lie? Simple, the financial planner turned Miller in when he wound up with his own tax fraud problems with the IRS.

If you have tax debts and don't want to be convicted of tax evasion call the tax attorneys at Brager Tax Law Group, A P.C.

Posted by Dennis N. Brager | Permalink | Email This Post

Posted In: Offers in Compromise , Tax Debt , Tax Fraud

Bookmark:

A jury found a Colorado man guilty of failure to pay federal payroll taxes pursuant to IRC § 7202 and of filing false payroll tax returns pursuant to IRC § 7206(1). He was, however, acquitted of charges of tax evasion. Failure to pay IRS payroll taxes carries a penalty of up to 5 years in prison, and/or a $10,000 fine per count. Filing false tax returns, including false payroll tax returns carries a penalty of not more than 3 years in federal prison, and/or a $100,000 fine per count.

Like all employers Crabbe was required to file payroll tax returns, and to withhold income income taxes, social security taxes and Medicare taxes from employee paychecks, and to pay those amounts over to the IRS. When he failed to do so he exposed himself to both criminal tax liability, and to the trust fund recovery penalty (TFRP) as well. Once Crabbe has been sentenced it is likely the IRS will go after him to pay the unpaid payroll taxes. In general, responsible corporate officers who willfully fail to pay payroll taxes become personal liable pursuant to IRC § 6672 to pay those taxes. While many business owners get stuck paying corporate payroll taxes out of their own pocket, not too many go to jail for failure to pay. Nevertheless the case is a reminder that in appropriate situations the IRS can and does criminally prosecute people for failure to pay.

If you have payroll tax problems contact the tax attorneys at Brager Tax Law Group.

Posted by Dennis N. Brager | Permalink | Email This Post

Posted In: Payroll Tax Problems , Tax Fraud

Bookmark:

The Franchise Tax Board (FTB) announced that it has filed tax evasion charges against a Diamond Springs, California couple who failed to file income tax returns, and failed to report all of their income from their painting businesses on their California State income tax returns for four years running. According to the press release issued by the FTB the total tax, penalty and interest due is relatively small– $29,000. Nevertheless it is possible that they could be sentenced up to 12 years in jail. The couple was booked into the El Dorado County, California jail.

Clients sometimes ask me whether failing to file tax returns is tax fraud or tax evasion. There is a common belief that it is better not file a tax return at all rather than file an incorrect one. While it is true that at the federal level the IRS Criminal Investigation unit generally prosecutes failure to file cases as misdemeanors that is not always the case. Furthermore, as this press release illustrates the FTB can and does prosecute failure to file a tax return as a felony.

Some clients, and their CPAs also sometimes believe that because the amount of tax owed is small they don’t have to worry about tax fraud charges. While it is certainly true that the larger the amount owed the more likely criminal tax evasion charges become this prosecution demonstrates that even small amounts of tax can result in tax fraud charges being filed by the FTB.

It also illustrates that taxpayers who have not filed in the past or who have filed improper tax returns should consult with a tax attorney to determine whether a voluntary disclosure of the previous problems should be made to the IRS and/or the FTB.

If you could be facing charges of civil or criminal tax fraud contact California tax lawyer, and California Certified Tax Specialist Dennis Brager.

Posted by Dennis N. Brager | Permalink | Email This Post

Posted In: California Franchise Tax Board , Tax Fraud

Bookmark:

In September 2006 Ron Isley, lead singer of the Isley Brothers, was of convicted five counts of felony tax evasion and one count of willful failure to file his income tax returns. According to the Internal Revenue Service (IRS) at trial it proved that between 1997 and 2001 Isley evaded payment of $3.1 million dollars of income tax debts. The District Court sentenced Isley to 37 months in federal prison despite the fact that Isley had a series of health issues including kidney cancer, diabetes and a recent stroke. Isley appealed his tax fraud conviction, and earlier this month the 9th Circuit upheld his sentence. According to one article Isley is currently incarcerated at a federal prision in Indiana, and he has a projected release date of April 2010. Isley’s tax problems don’t end there. In addition to serving his time in prison Isley will be expected to liquidate his assets to pay his tax debts.

If you have tax problems call us at Brager Tax Law Group, A P.C

Posted by Dennis N. Brager | Permalink | Email This Post

Posted In: Tax Fraud

Bookmark:

On January 8th the Supreme Court heard oral arguments in the criminal tax appeal of Michael Boulware. The case involved the return of capital theory in criminal tax evasion cases. To make a long story shorter, Boulware was convicted of tax evasion in violation of Internal Revenue Code § 7201. Basically, he took money from his closely held corporation, and didn’t report it as income on his personal tax return.

In the District Court he argued that the funds he received were a return of capital he had invested in the corporation, and therefore were not income, and thus there was no tax deficiency. Of course if there was no tax due Boulware could not be convicted of tax evasion. The District Court precluded Boulware’s evidence on this point, and he appealed to the Ninth Circuit Court of Appeals. The 9th Circuit upheld conviction.United States v. Boulware, 470 F.3d 931, 933 (9th Cir. 2006).

The Ninth Circuit’s view was that a defendant in a criminal tax evasion case must show at the time the payments were made by the corporation there was a contemporaneous intent that they be a return of capital. This is despite the fact that the Ninth Circuit admitted that in a civil tax case there is no requirement of contemporaneous intent. The Second Circuit has ruled that no such proof of intent is required. United States v. D'Agostino, 145 F.3d 69, 72-73 (2d Cir. 1998); United States v. Bok, 156 F.3d 157, 162 (2d Cir. 1998). The Supreme Court agreed to hear the case to resolve the conflict.

The Ninth Circuit’s opinion in Boulware, which is based on it’s previous holding in United States v. Miller, 545 F.2d 1204 (9th Cir. 1976). Despite the fact that Miller has been on the books for over 30 years its implications are quite shocking. It appears that under the Ninth Circuit’s decisions Boulware could be go to prison, and yet ultimately the U.S. Tax Court could conclude that he owed no taxes. This leads to another question. Generally the sentencing guidelines are based upon the tax loss to the government. If there is no civil tax loss to the government shouldn’t the sentence be very low? Apparently not since Boulware was sentenced to 51 to 60 months on tax evasion and conspiracy charges.

Stay tuned to find out what the Supreme Court decides.

Posted by Dennis N. Brager | Permalink | Email This Post

Posted In: Tax Fraud

Bookmark:

The Internal Revenue Service (IRS) has issued FS 2008-10 warning taxpayers about tax fraud by tax preparers. The IRS points out that while most tax return preparers are honest a few are not, and that taxpayers need to be careful when choosing a tax return preparer. While it may seem like a tax preparer who’s willing to break the rules may save you some money in the long run it’s the taxpayer not the tax preparer who will pay the additional taxes, plus penalties and interest. As the IRS points out tax evasion or tax fraud is a felony punishable by years in prison, and a $250,000 fine.

A few of the IRS suggestions for finding a reputable tax preparer include:

Avoid preparers who base their fee on a percentage of the amount of the refund.

Review your return before you sign it and ask questions on entries you don't understand

Find out the person’s credentials. Only attorneys, certified public accountants (CPAs) and enrolled agents can represent taxpayers before the IRS in all matters including audits, collection and appeals. Other return preparers may only represent taxpayers for audits of returns they actually prepared

The IRS also states: “Reputable preparers will ask to see your receipts.” Here we have to disagree with the IRS. Many reputable tax return preparers DO NOT ask to see receipts; nor are they required to. Recent guidance, by the IRS with respect to tax return preparer penalties pursuant to Internal Revenue Code Section 6694 confirms this. See IRS Notice 2008-13. While it may be helpful for a tax return preparer to look at some of your receipts to get a sense of whether you are doing a good job with your recordkeeping looking at all your receipts will in most cases land you with a bill larger than necessary.

Brager Tax Law Group, A P.C. represents taxpayers who have had tax returns prepared improperly. We also represent tax return preparers including attorneys, CPAs and enrolled agents who have been accused of preparing improper tax returns for their clients. For more information contact California tax attorney Dennis Brager.

Posted by Dennis N. Brager | Permalink | Email This Post

Posted In: Tax Disputes , Tax Fraud

Bookmark: