Abel Maldonado’s Tax Controversy

image via sunnypatton.com

In California, Abel Maldonado is a familiar name.  He’s the former lieutenant governor and he’s currently running for Senate in the new Central Coast district.  Maldonado is also in the news because of his serious tax problems.

As far as the IRS is concerned, one of the worst things a business owner can do is make personal expenditures out of the business funds and try to write them off as legitimate business expenses.  The only reason anyone would attempt this is to make it appear that the income is lower because, if the income is lower, the tax bill is also lower.

This is at the center of the controversy between the Maldonado family farming business (Agro-Jal) and the Internal Revenue Service.  The IRS has billed them for $3.6 million and Maldonado refuses to pay.  These are some of the expenditures that the government contends had no legitimate business purpose:

  1. renovations to Maldonado’s residences
  2. fundraiser for his campaign for Senate
  3. unspecified catering expenses
  4. personal use of company vehicles
  5. golf club memberships
  6. horses

This certainly does not good for Maldonado’s campaign, even if he has legitimate arguments in tax court — it’s the perception that counts.  But maybe the IRS should give them the horses; seems like a farming expense to me!

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TMZ Founder's Death

I often post stories of celebrity tax failures.  I believe the IRS prosecutes high profile and celebrity tax cases to make them an example to the rest of the world and to deter would-be tax crooks.  And I consider it my little good deed, perhaps my civic duty, to pass the news along to others in the blogosphere.  Plus, who doesn’t love a little dirt?

One thing I’ve noticed as I have sought out celebrity tax debt articles is that 99% of these stories are first told by TMZ.  Its almost as if the TMZ people have some special IRS hotline — some privileged connection — with the nation’s tax collector.  I mention this today because I learned of the untimely death of TMZ’s founder, Jim Paratore.  He died of a heart attack yesterday at age 58.

TMZ celebrity tax debt stories are not a good source for in-depth analysis.  And sometimes they even get the technical details wrong (I have seen them confuse the concept of “lien” vs. “levy”).  But TMZ is fast.  I hope they can continue to be first on the scene of these types of cases, even without the founder around.

www.mwattorneys.com

Pasties Won’t be Taxed in Britain

Believe me, it’s not what you think.  In the United States pasties are a warm weather clothing(ish) item worn by some women.  But in England it is a popular food eaten by the common folk.  Picture a cross between a pizza pocket and a chicken pot pie; a hand-held pastry filled with meat and vegetables.  Preparing them at home can be tricky and time-consuming.  According to one recipe by our guy Emeril Lagasse, prep time is about 1 hour & 20 minutes.  Many Britons pick them up at the corner shop where they are mass-produced and sold lukewarm.

Britain’s finance minister came under fire lately for suggesting a tax that would increase the price of these goodies.  This could have been perceived as either discriminatory towards the middle-lower class citizens, or simply as proof that the he and other elites in government are out of touch with ordinary Brits.  But the Pasty Tax was never ratified.  Instead an exception was carved out for “hot takeaway food that is cooling down after being cooked.”

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The Ultimate Case of Refund Fraud

I’ve blogged about refund fraud before.  I’ve even blogged about inmates committing refund fraud from their prison cells, as odd as that may sound.  But the story of Jason Whitfield will Blow. Your. Mind.

Whitfield was charged with second degree murder back in November 2011.  He is accused of shooting and killing 26-year-old Michael Massaline on October 26, 2011.  Then, while in prison, Whitfield was caught putting together fraudulent refund returns in hopes of getting free money from the government.  Sometimes these refund fraud types use the identities of people they know, and sometimes inmates even sell their personal information knowing what it will be used for.  Not the case here.  At least one of Whitfield’s victims was definitely not a willing participant because it was the same guy he is accused of murdering!  Talk about adding insult to injury!  I guess once you’ve killed someone your tax problem seems inconsequential, and there isn’t much else you can feel guilty about . . . IF he’s guilty, of course.

It probably won’t surprise you to learn that this is another case out of the (now infamous) tax fraud capital of the nation, Tampa Bay, FL.  If it bothers you that inmates are surfing the internet and maintaining improper contacts with the outside world, you’re not the only one.  Prison guards and officials in Hillsborough County are in over their heads with this “epidemic.”  One deputy estimated that more than half of the inmates there are somehow involved in fraudulent refund schemes.

IRS Closing 43 Offices Across the Nation

image via joyfeldman.com

Yesterday the IRS announced that it would be initiating a massive “office space and rent reduction initiative” that will save taxpayers $17.2 million in rental costs during 2012 and even more the following year.  Employees aren’t being laid off — this isn’t a reduction in staff — it’s all about packing them in tighter by eliminating some offices and consolidating others.

The IRS is quick to point out that this initiative will not result in a decrease in customer service because none of the actual walk-in taxpayer assistance centers are going to be closed.  The IRS anticipates “minimal taxpayer impact.”  Ok, everyone recognizes that “minimal” does not mean “none.”  These press releases are carefully worded, and I think The Commish chose to hedge a little here because of course there is going to be at least some impact on taxpayers and their access to tax relief.

The truth is a vast majority of taxpayers contact the IRS by phone, not via the walk-in offices.  And what happens when you pack employees in like sardines?  Best case scenario is they get a little grumpy.  Interestingly, this office space reduction announcement came just one day after the IRS publicized a slackening of the rules related to the Offer in Compromise program (which will likely result in a moderate to severe increase in OIC filings).  I can’t imagine either of these changes were too popular among IRS personnel (“What!  More work AND less space?!”).  I support the office space consolidation initiative 100%, I’m just skeptical about The Commish and his “minimal taxpayer impact” line.

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IRS Makes Potentially Huge Changes to OIC Program

The IRS recently announced some historic modifications to the Offer in Compromise (OIC) program which could result in drastic increases in accepted offers.  I say it “could” have this result because the IRS is notorious for not training its personnel to understand their own rules.  Changes such as these take quite a while to trickle down to the rank-and-file IRS employees who handle most collections case.  And sometimes parts are lost or misinterpreted during the trickling process.

By far the most significant change that was announced has to do with the way the IRS calculates a taxpayer’s reasonable collection potential.  Previously this would have included the combined equity in all assets and the future earning capacity projected over 4-5 years following the offer’s acceptance.  It will still include all the equity in assets but now the future income calculation should be multiplied across only 1-2 years.

Some taxpayers have no available income (after paying allowable expenses), and this change will have no impact at all on them.  However, for everyone else, this change may mean the difference between an accepted or a rejected OIC.  If the IRS is serious about implementing these changes, then I think more people will obtain tax relief because more people will meet the criteria for the Offer in Compromise program.  And if other practitioners think like I do, then we should see a big increase in OIC filings, which will mean a backlog of OIC cases and longer delays.  So we’ll have to take the good with the bad on this one.

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Ivy League Audits

image via educarelab.com

In this down economy the IRS is doing all it can to improve collection results, which is why it is targeting wealthy individuals, banks, corporations, . . . even universities.

Top Ivy League colleges are in the IRS crosshairs because they raise a lot of money, and not just in tuition & donations.  If you attend Harvard or if you dine there as a visitor, you probably expect more than tacos and fries, and brain food is expensive.  Harvard University Dining Services consists of 13 undergrad dining halls, a kosher kitchen, and 14 retail locations which offer an “unparalleled dining experience.”  And Harvard sports are very popular.  Wealthy Harvard alumni are often happy to pay for season tickets, whatever the price.

Even though nonprofit universities are tax-exempt, they must still pay taxes on any collateral income that is generated — any income that is unrelated to their academic objectives.  According to a recent Bloomberg article, both Cornell and Harvard Universities have been audited by the IRS to make sure they are paying taxes on revenue generated by university bookstores, restaurants, and sports arenas.  Cornell has “passed” its audit, but for Harvard, the jury is still out.

 

 

IRS Waste

Maybe Big Brother should conduct an audit on IRS year-end activities because I think they would identify some areas of concern.

I already blogged about contacting the IRS in December, and how it should be avoided if possible. But what about the last business day of the year (today)? Don’t even bother.

Today we discovered that the IRS has personnel on hand to answer the phones when they ring, but the computer systems are down so they can’t help with specific account-related issues. In other words, today the IRS is paying staff to sit around at their potluck parties, ro-sham-bo-ing whenever the phone rings. I’m certain there is an automated greeting that could be set informing callers that the computers are down. Why are we paying them to be at work today?

I know, it is kind of grumpy of me to be complaining about this. After all, its only one day. Where’s my holiday spirit? But think of the number of IRS representatives and the amount of money that could be saved if the IRS would send people home when they are unable to do their jobs.

IRS Claims Erroneous Refund Issued to Hal Steinbrenner

No doubt the Steinbrenners can still stir up controversy. This time it’s tax problems.

The Justice Department has sued Harold “Hal” Steinbrenner, co-owner of the New York Yankees and son of the late George Steinbrenner, over a $670,000 refund that they say was issued to him in error two years ago.  In 2009 Hal filed an amended 2001 return, seeking a refund because of a $6.8 million net operating loss carried back from 2002. The IRS paid out the refund but then determined that the amendment was filed 5 months too late. Full story here.

Hal Steinbrenner’s representatives had no knowledge of the lawsuit and had received no prior notices regarding this matter from the IRS or any other governmental agency.

~ Alice McGillion, a family spokeswoman

The IRS is notorious for dropping bombs on people without prior notice, but even I am a little surprised by this one. It seems like the IRS would have initially sent letters to the taxpayer informing him of the erroneous refund and requesting he pay it back. I can’t imagine they would have referred the case out to legal and then to the Justice Department unless they were up against some filing deadline and they needed to preserve their rights by filing suit.