Leona Helmsley

On this day in 1989, a federal jury in New York found “hotel queen” Leona Helmsley guilty of income tax evasion.  Helmsley is known for her sharp tongue, difficult personality, and her famous declaration: “only the little people pay taxes.”

Direct Taxation: We Have Come a Long Way

As you can probably tell, I find the historical stuff very interesting. But I know that most people don’t share this sentiment, so I will get back to my tax relief posts soon (after this one).

It is evident from the state of the country, from the habits of the people, from the experience we have had on the point itself, that it is impracticable to raise any very considerable sums by direct taxation. Tax laws have in vain been multiplied; new methods to enforce the collection have in vain been tried; the public expectation has been uniformly disappointed, and the treasuries of the States have remained empty. The popular system of administration inherent in the nature of popular government, coinciding with the real scarcity of money incident to a languid and mutilated state of trade, has hitherto defeated every experiment for extensive collections, and has at length taught the different legislatures the folly of attempting them.

27 November 1787
Federalist No. 12: The Utility of the Union In Respect to Revenue
Alexander Hamilton

IRS Extends OVDI Deadline Due to Hurricane Irene

The deadline for disclosing your offshore accounts under the IRS’ amnesty program has been extended from August 31st to September 9th. Interestingly, the extension applies to everybody, not just those who may be affected by the destruction of Irene. Various forms of tax relief are typically offered to disaster victims and details are typically postedhere. The IRS has not yet updated this page to reflect the recent activity of Hurricane Irene, but keep checking back because information is sure to come. The IRS normally has to assess the situation and determine who should qualify for relief.

You’re Being Audited, But Don’t Panic

The IRS has been offering tax tips all summer long by way of its “Summertime Tax Tips” series. Some topics have been more helpful than others. This is the latest one (my thoughts inserted in blue). Its called “Eight Tips for Taxpayers Who Receive an IRS Notice.” I don’t find it too helpful.

  1. Don’t panic. Many of these letters can be dealt with simply and painlessly. Really?  Don’t panic?  That’s your #1 bit of advice? So, if the notice says that I’m being audited or that I owe, I’m supposed to remain calm?
  2. There are number of reasons the IRS sends notices to taxpayers. The notice may request payment of taxes, notify you of a change to your account or request additional information. The notice you receive normally covers a very specific issue about your account or tax return. Yes, there are a number of reasons the IRS sends notices, but most of the time they just want your money.
  3. Each letter and notice offers specific instructions on what you need to do to satisfy the inquiry. In other words, “read the notice carefully, dummy.”
  4. If you receive a correction notice, you should review the correspondence and compare it with the information on your return. “Again, read the notice!
  5. If you agree with the correction to your account, usually no reply is necessary unless a payment is due. “Don’t send us any unnecessary docs.”
  6. If you do not agree with the correction the IRS made, it is important that you respond as requested. Write to explain why you disagree. Include any documents and information you wish the IRS to consider, along with the bottom tear-off portion of the notice. Mail the information to the IRS address shown in the lower left part of the notice. Allow at least 30 days for a response.This is actually kind of helpful.
  7. Most correspondence can be handled without calling or visiting an IRS office. However, if you have questions, call the telephone number in the upper right corner of the notice. Have a copy of your tax return and the correspondence available when you call. In other words, “Only call us as a last resort.”
  8. It’s important that you keep copies of any correspondence with your records. Hopefully you took the advice in tip #1 and didn’t panic and toss your notice in the trash.

Don’t Miss August 31st IRS Webinar

On February 24, 2011, the IRS announced its “Fresh Start Initiative” which consists of changes that are supposed to soften some of the collection practices, and provide at least some tax relief to Americans who are struggling to pay their taxes. So far we know that the IRS has made adjustments to their lien filing procedures, which is supposed to result in fewer lien filings. The IRS is making it easier for small businesses to pay back what they owe through Installment Agreements. And the Streamlined Offer in Compromise should be in full swing by now.

However, several ambiguities are present in the Fresh Start Initiative. And while these changes are supposed to help the struggling taxpayer in theory, we have yet to see the real life impact.

But the IRS speaks again on the matter next week by webinar. Maybe we’ll get a few more details, or examples, or something. If you want to participate, you need to register online here: IRS Live presents: “The Fresh Start Initiative — Help for Struggling Taxpayers.” The webinar will take place Wednesday, August 31st at 2:00pm EST. There will be a panel of speakers, so hopefully that means it’s not a rehash of what the IRS has already revealed about the program.

The Capone Investigation

Everybody knows the most infamous tax evader of all time: Alphonse “Scarface” Capone, the Chicago gangster with  all the highly lucrative and illegal business. But did you know that some of the internal IRS correspondence from the Al Capone investigation are available online? What follows is a sample taken from a 1931 letter written by IRS agents Hodgins, Westrich, and Clagett. Note the sarcastic tone of the letter (it helps if you read it out loud and with a Chicago accent):

Al Capone, a punk hoodlum, came to Chicago from New York about 1920, as a protegé of John Torrio, who, at the time was a lieutenant of Jim Colisimo. The first heard of Capone was as a bouncer in a notoriously tough joint called the “Four Deuces”. In the course of time, Colisimo, following the path of all good gangsters, was “bumped off” and Torrio took control. True to tradition, the guns again began to blaze, but this time the person behind the gun evidently had poor eyesight, and Torrio, instead of going to the cemetery, took a vacation in the hospital.

Normally records such as these would not be available to the public, but the Capone records were released because they have such extraordinary historical significance. According to the IRS, “No other IRS records meet the unique set of circumstances that make the Capone records publicly available.”

For tax relief that doesn’t involve “bumping off” the collector, contact Montgomery & Wetenkamp.

Who Was Daniel C. Roper?

Daniel Calhoun Roper served as Commissioner of the Internal Revenue from 1917 to 1920.

Selection from The Washington Times, March 10, 1919:

Robert J. Ouddihy, of the Literary Digest, gave a luncheon for Daniel C. Roper, Commissioner of Internal Revenue, and invited editors of newspapers and magazines, to hear Mr. Roper concerning the income tax. Mr. Roper’s task, not easy or pleasant, but the most important in the country at this moment, is to collect for the Government SIX BILLIONS OF DOLLARS from those able to pay, in order that the Government may pay its bills, and “settle” for the victory and armistice which were so ardently celebrated last November. 

Mr. Roper, the great collector for Uncle Sam, is an old fashioned type of citizen. His photograph would make a good illustration for a history of the United States in the early days. It is a thin, earnest, clean-cut, strong face, with bushy dark eyebrows, piercing eyes, that seem to look into the national pocketbook, a convincing tone to make profiteer say, “I might as well pay now, and avoid trouble.” 

The commissioner covered the whole wide field of income tax. He began with the comforting statement that the tax was to have been eight billions and is reduced to six billions because the war has ended. He defined three important points of the tax law as follows: First – A proper law. Second – An intelligent co-operative attitude by the officials that administer the law. Third – An intelligent, co-operative attitude on the part of the public to the Government.

Full article here.

Richard Hatch Barely Surviving

On this day in 2000, the first season finale of the reality show “Survivor” aired on CBS, with contestant Richard Hatch winning the $1 million prize . . . that he never paid taxes one.  See full story here.

Hatch spent more than three years in prison for not paying taxes on “Survivor” winnings. He was released in 2009 and ordered to refile his 2000 and 2001 taxes and pay what he owed, but he never did, so he was returned to prison. He is appealing this decision and wants a court-appointed attorney to help him, claiming that he is destitute and completely unable to pay for counsel himself.

Hatch claims the Internal Revenue Service has yet to inform him how much he owes on his winnings from 10 years ago. He also says he has new evidence indicating the taxes are due to the government of Malaysia, where the first season was filmed, and not to the United States. It doesn’t look like he’s going to get a court-appointed attorney, and it is going to be an uphill climb for him to get the tax relief he seeks without one.

When Taxes Were Simple

Excerpts from the March 1, 1919 edition of THE MOHAVE COUNTY MINER AND OUR MINERAL WEALTH. Daniel C. Roper, Commissioner of Internal Revenue at the time, basically describes the whole tax code in a couple paragraphs:

The normal rate of tax under the new act is 6 per cent of the first $4,000 of net income above the exemptions, and 12 per cent of the net income in excess of $4,000. Incomes in excess of $5,000 are subject also to a surtax ranging from 1 per cent of the amount of the net income between $5,000 and $6,000 to 5 per cent of the net income above $1,000,000.

In addition to the $1,000 and $2,000 personal exemptions, taxpayers are allowed an exemption of $200 for each person dependent upon them for chief support if such person is under eighteen years of age and incapable of self-support. Under the 1917 act, this exemption was allowed only for each dependent “child.” The head of a family who supports one or more persons closely connected with him by blood relationship, relationship by marriage, or by adoption is entitled to all exemptions allowed a married person.

Payment of the tax may be made in full at the time of filing return or in four installments, on or before March 15, on or before June 15, on or before September 15, and on or before December 15. Revenue officers will visit every county in the United States to aid taxpayers in making out their returns. The date of their arrival and the location of their offices may be ascertained by inquiring at offices of collectors of internal revenue, post-offices and banks. Failure to see these officers, however, does not remove the taxpayer of his obligation to file his return and pay his tax within the time specified by law. In this case taxpayers must seek the government, not the government the taxpayer.

Then he describes what the penalties were for failing to pay:

Any person who deliberately conceals tax liability, or who falsified a return in order to reduce or evade any internal revenue tax, or who deliberately abets such concealment or fraud finds arrayed against him the entire strength of this bureau, pressing for the full civil and criminal penalties. That is the attitude toward the tax-evader, expressed in one sentence. Whether he is a moonshiner, a stealthy trafficker in habit-forming drugs, a juggler of income figures, a delinquent in making the sworn return the law requires, or a revenue violator of any kind, the bureau is charged with the duty of hunting him out and exacting the full punishment provided in the law.

Here is what will happen to them if they don’t for failure to file a return on time, a fine of not more than $1,000 and an additional assessment of 25 per cent of the amount of tax due. For “willfully refusing” to make a return on time, a fine not exceeding $10,000, or not exceeding one year’s imprisonment, or both. For making a false or fraudulent return, a fine of not more than $10,000, or imprisonment for not more than one year, or both, together with an additional assessment of 50 per cent of the amount of tax evaded. For failure to pay the tax on time, a fine of not more than $1,000 and an additional assessment of 5 per cent of the amount of tax unpaid, plus 1 per cent interest for each full month during which it remains unpaid.

See the full article here.