Archive for May, 2010

Texas Doctor Sentenced For Tax Evasion

Tuesday, May 25th, 2010

On September 29, 2009, in Texarkana, Texas, Malcolm David MacHauer was sentenced to 33 months imprisonment, to be followed by three years of supervised release, and ordered to pay restitution in the amount of $222,782.   MacHauer was found guilty by a jury on June 17, 2009, of three counts of attempting to evade and defeat paying federal income taxes.  According to information presented in court, although MacHauer received income from Wadley Medical Center in Texarkana, Texas, for his services as a doctor, he failed to pay the appropriate federal income taxes.   Instead, MacHauer placed his income into his corporation, transferring the money to the MacHauer Family Trust, and then withdrawing money from that Trust to pay his personal expenses without paying income tax.

What If You Simply Cannot Afford To Pay The IRS?

Saturday, May 22nd, 2010

Even the IRS knows that you cannot pay taxes with money you don’t have.  You may qualify for “Non-Collectible” Status.

In fact, if you are deemed to be ‘Non-Collectible”, the IRS must immediately STOP taking your wages and get their paws out of your bank account.  All garnishments and levies must cease.

But understand…if you qualify for this “deal”…the IRS will eventually want their money.  They may give you 18 months to over 2 years to “catch up” on your finances – however, when you do, they will come looking for what they’re owed.

Plus, you will accrue interest during this time, so you end up owing more than you did originally. In fact, you must pay these future taxes in full, and on time, or you’ll blow it big time. If you neglect to pay your taxes for future years, or worse – you don’t file…the whole CNC deal is off.

If this happens, the IRS will come after all of the money you owe them, and they may use garnishments, levies, seizures, liens, and all of the “nasty” tactics at their disposal to get their money.

Still, upon hearing this, you may think this sounds like a “great deal” … but be warned: do NOT make the mistake of calling the IRS yourself, to see if you can qualify for non-collectible status.

Here’s why – the reasons that you give as to why you can’t pay them will NOT necessarily “line up” with their “definition” of not being able to pay. And if you make the mistake of letting  your financial “cat out of bag” to them – they will decide what you can and cannot pay.

You see, what you list to the IRS as being “ordinary and necessary living expenses” – causing you not to be able to pay…may not jive with what the IRS considers “ordinary and necessary”.

You could find yourself thinking that you were $100 “in the hole” every month – and by the time the IRS gets done looking at things from their perspective…they may determine that you can actually pay them $500 a month.

Now you’re on the hook for a monthly payment that you can’t afford…but the IRS “thinks” that you can pay it.  Not a good situation to be in.

This can happen if you don’t know what the IRS’ definition of “ordinary and necessary” is before you approach them. Don’t make this mistake.

IRS “Men in Black” Demand 4-Cent Delinquent Payment From Sacramento Car Wash

Wednesday, May 19th, 2010

Aaron Zeff, owner of Harv’s Metro Car Wash in Sacramento, recently had the scary experience of being visited by two dark-suited IRS agents.

According to Mr. Zeff, the agents demanded payment of delinquent taxes in a “very serious, very aggressive, very condescending” manner.

His crime? According to the agents, the grand total of delinquent taxes due:

4 cents.

That’s right—not enough to buy a candy bar or a piece of gum.

Perhaps mailing the bill would have been a better idea?  At least a postage stamp would have only put the taxpayers forty cents or so in the red.

Instead, it cost taxpayers exponentially more than 4 cents to pay the gas for the trip over there—not to mention the salaries of the two agents.

Mr. Zeff took it all in stride, finding the entire situation laughable…that is, until he read the demand letter, informing him the interest and penalties on the unpaid debt had accrued to a whopping $202.81.

Allegedly, since the offending omission occurred in 2006, he apparently owed 5070 times four cents!

In his defense, Mr. Zeff produced a letter dated from October 2009 from the IRS which asserted that Harv’s Metro Car Wash “”has filed all required returns and addressed any balances due.”

In fact, prior to the incident in question, Mr. Zeff said no other notice of demand for payment was made by the government.

An IRS representative, when asked by local reporters, declined to comment, citing privacy and disclosure laws.

Mr. Zeff complained to reporters that the agents were not only rude, “they didn’t even get a car wash”.

“Will The IRS Send Me To Jail???”

Saturday, May 15th, 2010

One of the first things that people ask me after I hear out their IRS problems is…“Well…what do you think? Is the IRS going to send me to jail?”

That’s an easy question, really.  Because the answer only really has two criteria: Did you file your taxes…or did you not file your taxes?

If You’ve Accurately Filed Your Taxes You Cannot Be Sent to Jail.

If you’ve accurately filed your taxes, but you just haven’t paid the tax, you cannot get sent to jail.  Owing the IRS money is not considered a crime.

However, although jail time is arguably the worst thing that can happen, it’s not the only ‘punishment’ from the IRS that you should be wary of.  By not taking action and facing your IRS debt problem, you could be looking into the ugly eyes of…

* Wage garnishment

* Seizure of your real estate

* Seizure of Social Security benefits

* Seizure of 401(k)’s / IRA’s

* Seizure of Cars / Boats / Houses

* Seizure of Accounts Receivable

* Seizure of Cash Loan Value of Your Life Insurance

* Seizure of Commissions Owed to You

If you’ve filed your taxes accurately, but you just can’t pay them…there is hope.

There are six ways you can get yourself out of hot water, pay your debt to the IRS, and avoid the particularly nasty consequences mentioned above.

1. Pay the tax

2. Be Declared Non-Collectible Status

3. An Offer in Compromise

4. An Installment Agreement

5. A Partial Installment Agreement

6. A Bankruptcy

You Can Go to Jail if You Haven’t Filed Your Taxes OR If You’ve Filed Your Taxes Inaccurately.

Not filing your taxes is considered a crime by the IRS.  You can receive one year of prison time for each year that you don’t file.

If you haven’t filed your taxes, file them immediately.  Even if you don’t have one red cent to pay, file the taxes anyway.

The worst thing you can possibly do is to avoid taking action and act like it will go away.  You cannot qualify for any of the IRS payment plans if you have not filed your taxes.

However, by taking the correct action, you can avoid going to prison.  In fact, in most cases the IRS won’t even threaten prosecution if the non-filer takes steps to resolve the problem correctly.

Owner of North Hollywood Restaurant Sentenced for Tax Evasion

Tuesday, May 11th, 2010

On October 2, 2009, in Los Angeles, Calif., James Saliba, owner of a North Hollywood restaurant, Barsac Brasserie, was sentenced to 24 months in prison, three years supervised release, and ordered to pay restitution and fines totaling more than $938,000 for failing to report all of the restaurant’s business receipts and overstating business expenses from 2001 through 2005.   According to court documents, Saliba underreported the gross sales of Barsac by using an account he called “Accrued Management Fees”, where he recorded some of the sales.  He also overstated expenses by writing corporate checks from Barsac to his wife, Lisa Long, and then deducting these payments as expenses on the returns for the restaurant and by writing checks to “Cash” and expensing them as tips; giving a small portion to employees while skimming the balance for himself.

Two Ways You Should NEVER Deal With IRS Problems

Friday, May 7th, 2010

If you had cancer, who would you want to see first?

a) Nobody – I’ll go it alone

b) a Nurse

c) a Doctor

d) an Oncologist

An Oncologist, right?  Why?  Because an Oncologist is a physician that specializes in the treatment of cancer.

Along that same line of thinking, if you had a problem with the IRS, would you go it alone?

Don’t believe for a second that reading a couple books, a website or a couple emails about “how to deal with the IRS” will prepare you to deal with the IRS if you owe them money.

The IRS have employees who make a career out of extracting money from people who owe taxes.  They deal with it every day.  They’re good at it.

This is something you deal with once in a lifetime (hopefully).  Face it – you’re not good at it.

These people are trained to act like your friend and make you comfortable…and then use it to get you to say something you’ll regret.

You wouldn’t “go it alone” with a deadly disease – don’t go it alone with the IRS.

What about an accountant?

Most accountants spend 3 months out of the year dealing with taxes.  They spend the rest of the time balancing books and preparing financial statements.

Just like having a good nurse can be a huge help to a cancer patient, a good accountant is a fantastic resource while you are still “in the clear” with the IRS.  They can give you great advice on how to set up your personal finances and/or business finances to take advantage of legal tax breaks.

But even the best nurse doesn’t have the power to prescribe the powerful medicines that are needed by a cancer patient – that right belongs to the Oncologist.

Once you’re on the other side of the IRS and no longer “in the clear” (in other words you failed to file or failed to pay), your accountant is not in a good position to help you fight the mighty power of the IRS.

That alone is the job of an attorney specifically trained in dealing with IRS problems.

Daughter of IRS Suicide Pilot Calls Dad a “Hero”

Tuesday, May 4th, 2010

According to his daughter, Joe Stack, the lone airman who flew his plane into an Austin IRS building killing himself and one IRS employee, was a “hero”.

A number of anti-government groups, including radical-right and white supremacist  groups agree.

Stack is already becoming a bit of an internet phenomenon, with a Facebook page devoted to discussing his views, as well as a crude video game of his attack circulating the web.

However, the son of Vernon Hunter, the IRS employee Stack killed, strongly disagrees with his hero status.

“How can you call someone a hero who after he burns down his house, he gets into his plane … and flies it into a building to kill people?” said son Ken Hunter on ABC. “My dad, Vernon, did tours of duty in Vietnam.  My dad’s a hero.”

In an interview with Good Morning America from her home in Norway, Stack’s daughter, Samantha Bell, said, “I think too many people lay around and wait for things to happen, but if nobody comes out and speaks up on behalf of injustice then nothing will ever be accomplished”. She went on to say, “But I do not agree with his last action and what he did. But I do agree about the government.”  The interviewer then asked,  “So is your father a hero?”  And Bell replied, “Yes.”

Another veteran, Robin De Haven, who was driving his glass truck by the building when the plane hit, immediately took his ladder off the truck, propped it against the burning building and successfully guided 5 people to safety.

Sounds like the real hero made himself evident.