Posts Tagged ‘tax evasion’

You’re Not Guilty of One of These, Are You?

Wednesday, October 20th, 2010

When the IRS prosecutes, tax evasion is not always the only charge (if it’s charged at all).  In fact, there are cases where the person who has been found guilty of one crime may also be charged with violating other laws.

 The Justice Department asks the prosecutor to choose a “lead charge” in all the cases they present.  Here’s a list of some of the “lead charges” that are often brought to court in IRS cases:

 1. Conspiracy to Defraud the U.S:

 Entering into an agreement or conspiracy with another to cheat the government out of taxes deceitfully. The penalty – up to 10 years in prison and/or a fine.

2. Fraud & False Statements 

Knowingly covering up a fact by using a trick, scheme, or false writing or document.  The penalty – up to 5 years in prison and/or a fine.

 3. Willful Failure-To-File

The willful failure to pay the estimated tax at the time required by law.  The penalty - up to one year in  prison and/or up to $25,000 in fines ($100,000 in the case of a corporation).

 Do You See Yourself In Any of These Stories? 

All of these are true stories, taken from official Government Records.  When you read this, do you see yourself in any of the actions that these people have taken?

 A couple puts their money in a “trust” to avoid detection…a business owner tries to hide his cash through paper corporations and off-shore accounts…a business owner simply ignores the warnings of his own payroll service…

 Do you have something in your past that’s going to come back and haunt you?  Is the IRS going to come after you?

 Don’t spend your life wondering if you’re going to be the next story posted on the IRS’ website and/or published on the front page of your local paper.

 Make it right while you still have the time…

IRS Files $300K in Liens on Idaho State Representative

Thursday, July 8th, 2010

On Monday, June 14th, the IRS filed $300,000 in tax liens against Rep. Phil Hart, an Idaho state representative.

Hart refused to pay taxes between the years of 1996 to 2003, saying he believes the income tax is unfair, and a misinterpretation of the constitution.

He has piled up $90,000 in unpaid taxes and penalties. The IRS has filed liens on property rights belonging to Hart, for unpaid balances totaling $257,947.

Hart said on Monday, “I think as long as I’m engaged in the process (I’ll be all right),” although he admitted the liens had him worried for his estate and his business, Alpine Engineering.

Hart has paid roughly $104,000 in state and federal taxes since 2006. Although he still believes it’s an “inefficient tax”.

His beliefs have led to working on House Bill 454, to eliminate taxes on wages, salary and investment income, and increasing the sales tax.

He said, “I would very much like to have a hearing in the next session.  I think in this economic environment we’re in, whether outside of the fact I have this litigation issue going on, I think we really need to be talking about our tax system.”

He sued the IRS in 1996 and stopped paying his taxes, contending that income tax was unconstitutional.  A federal judge ruled against him in 2000, and the U.S. Supreme Court refused to hear the case.

Hart serves on the states’ House Revenue and Taxation Committee. Some of his fellow Republicans are concerned that Hart’s beliefs may affect his ability to serve in this capacity.

“Ordinary citizens don’t have that same opportunity to influence policy that might affect them,” says Sen. Mike Jorgenson.

Learn From This Man’s Mistakes!

Friday, June 11th, 2010

I often wonder how a person gets to the point where they’re running from the IRS.  I’m sure that most people don’t start off in business saying to themselves: “I’m going to start a business and defraud the government out of tax money”.

But yet, over time, it still happens.  Consider this True Story, from the IRS Website:

“On April 25, 2006, in San Francisco, CA, Lee Nobmann, the CEO and owner of Golden State Lumber (GSL), was sentenced to 15 months in prison, fined $40,000 and ordered to pay $330,000 in restitution.

Nobmann pleaded guilty on Dec. 8, 2005, admitting that he had his company pay for his personal expenses and deduct the funds as the company’s business expenses from 1996 to 2000.

Nobmann also acknowledged that he received rebate checks from vendors and deposited them into his personal bank account and did not report the payments as income for the company or as income on his personal income tax returns.”

I don’t have any inside information about this case.  All I know about it is what you just read. But still, reading stories like this always makes me wonder what happened over the 4-year period from 1996-2000, when this man started having his company pick up his personal expenses and claiming them as business expenses.

Did he not know that he was making a big mistake?  Did the Chief Financial Officer try to warn him about this from the beginning?

When he started depositing checks into his bank account from vendors into his personal account…did he think that he wouldn’t get caught?

5 Years Go By…I Wonder If I’m Going to Get Away With It?

The other interesting thing about this case is that it says he was sentenced to prison in 2005 for something that happened from 1996-2000. Five years go by…seems like a long time.

I wonder what he was thinking from 2000 until 2005? He had 5 years where he knew he had defrauded the government out of tax money … but yet he was still a free man. Did he think he was going to get away with it?

Was he constantly looking over his shoulder, wondering if the IRS was going to “jump out of the bushes?”  Did he ever read a blog like this one – encouraging him to do the right thing … before it’s too late? So if he was being warned, why did he ignore the warnings?

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.

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.

Three Timely Tips for Couples in Crisis

Monday, April 12th, 2010

Numerous studies show that the money problems are the #1 source of arguments in marriage. Credit debt, loss of a job, unforeseen expenses – you name it…all can be stressful on a marriage.  But if you toss IRS problem into the mix, you may have a recipe for disaster.

The IRS has more far-reaching power than any collection agency could ever have.  No other entity has the power to dip into a bank account, garnish wages, seize property, put a lien on a house…and possibly put those found of tax evasion in jail.  So if money problems cause arguments, IRS problems can cause absolute fallout.

Of course, if divorce follows as a result, it introduces another whole host of problems emotionally and financially.  Not to mention the damaging effects that marital problems and divorce has on children.

Here are 3 Timely Tips for Couples in Crises:

1. If you can’t afford to pay your taxes, file anyway: it’s not a crime to owe the IRS money.  However, failing to file is considered tax evasion and is punishable by jail time.

2. Choose the right professional to help you: accountants are trained in tax preparation, not IRS problems.  An experienced attorney who deals with IRS Problems can negotiate a lessening of IRS penalties, negotiate payment agreements and will represent clients before the IRS without their presence.

3. Know Your Options: there are legal ways to negotiate with the IRS, including being declared Non-Collectible, an Offer-In-Compromise, a monthly installment agreement plan, a partial installment agreement and bankruptcy.  All of these options have their pros and cons.

If you are in trouble with the IRS, you owe it to yourself, your spouse, and your children to put and end to the worry and stress and get on with your life.

Former Wisconsin Restaurant Owner Receives Prison Term for Evading Income Taxes

Thursday, April 8th, 2010

On February 27, 2008, in Madison, Wis., Sabi Atteyih was sentenced to 12 months plus one day in prison, to be followed by a three year term of supervised release for income tax evasion.

On January 2, 2008, Atteyih pleaded guilty to evading his income taxes for 2002.  While owning the Casbah Restaurant in Madison, Atteyih underreported his taxable income from the restaurant from 2002 through 2005 by $349,673 and he evaded income taxes totaling $128,938.

Temp Service In Jackson, TN Gets Rude Awakening

Wednesday, March 31st, 2010

If you think the worst thing the IRS can do is audit your business, you’re sadly mistaken.

Just ask Ethel Brooks, owner of Temp Owned Temporary Service in Jackson, TN.  On Tuesday 1/8/08, at 8:10 in the morning, IRS “CI” (Criminal Investigation) Agents jumped out of their black cars and SUV’s and blocked the front of her business.

Agents armed with guns and bullet-proof vests entered through both the back door and the front and removed two women from the building. One was immediately let go and the other had her car searched before being let go.

The business was closed for the day and by noon, agents were removing large plastic bags containing files.

Most people don’t know that the IRS has a special Criminal Investigation Unit and one of their main functions is to act as a fear tactic. I call them the “Men in Black”.

There are over 2,800 CI Agents worldwide who are trained to investigate criminal violations of the Internal Revenue Code.  CI’s Conviction Rate is one of the highest in federal law enforcement. In the fiscal year 2006, of the 2,720 people that CI recommended for jail time, 82% were sent to prison.

As you can see, if the “Men in Black” show up at your door, they mean business.

If you own a business and you haven’t filed your taxes, you’re tempting the IRS to place you under criminal investigation status and you’re risking a visit from the “Men in Black”.

If you believe you are at risk, the first thing you need to do is file your taxes, regardless of how much you owe.  Call a tax professional to help you.  Even if it’s been years since you’ve filed – it doesn’t matter.

Regardless of how bad you think your situation is, things can be worked out. By working with an IRS Relief Specialist, there’s a good chance that you’ll never even have to talk to the IRS and we may be able to negotiate a lowering of the taxes and/or the penalties that you owe.

Mannatech Salesman Sentenced for Tax Evasion

Sunday, March 21st, 2010

A Washington state man who sold health supplements for Mannatech Inc. has been sentenced to three years in prison for not paying the hundreds of thousands of dollars he owed in taxes.

Raymond J. Gebauer, 55, of Lake Sammamish, Wash., was sentenced for four counts of tax evasion, following his conviction in August 2007. He also was ordered to pay a fine of $48,251, as well as the costs of prosecution.

According to the U.S. attorney’s office, Gebauer earned $3.5 million in 1998 to 2001 but never filed any tax returns. Prosecutors said Gebauer “attempted to use a web of trusts and corporations to hide his income from the government”.

Tax Avoidance vs. Tax Evasion… What’s the Difference?

Thursday, March 18th, 2010

Depending on who you ask, some people may say that tax avoidance is either “smart business” or it’s “immoral”.

But, if done correctly, there’s one thing it’s not…It’s not illegal.

There are numerous ways a person can decrease his or her tax liability legally:

- Claiming deductions

- Incorporating

- Setting up a charitable trust or foundation

More complicated and controversial methods include setting up a company, trust, or foundation in an offshore jurisdiction.

Tax evasion, on the other hand, is the willful act of misrepresenting financial information to avoid the tax liability. Common forms of tax evasion are understating income, wages, or gains on the sale of property, and/or overstating tax deductions.

What’s the Difference?

To keep it simple – think of it this way: Tax avoidance is maneuvering to avoid the tax liability in the first place. The tax does not exist, because in a legal sense, no income, profit, or gain ever existed.

Tax evasion is maneuvering to avoid the payment of a tax liability that has already been created.  The tax exists because the income, profit, or gain already exists.  To avoid paying the tax is a criminal act.

Why Would the Government Allow Tax Avoidance?

Obviously, no government could function if all its citizens legally avoided paying taxes.  While there are legal means of tax avoidance that every citizen has a right to put into practice, there are also “abusive tax avoidance strategies” the IRS warns against openly. These include:

- Anti-Tax Law Schemes

- Abusive Offshore Schemes

- Abusive Trust Schemes

- Misuse of the Disabled Access Credit

- Abusive Home-Based Business Schemes

- Employee Plans Abusive Tax Transactions

- Exempt Organization Abusive Tax Avoidance Transactions

The IRS tows a hard line with the promotion of Illegal Tax Schemes posing as Legal Tax Avoidance Strategies.

Tax Avoidance has always had its share of hucksters and scam artists who appeal to the “greed mechanism” present in some taxpayers by selling “get out of paying tax legally” kits and seminars.

Civil Injunctions are being charged against these con artists in an effort to stop these Illegal Tax Schemes. According to the IRS, in 2003, the government filed lawsuits to shut down 35 promoters of abusive tax schemes, and federal judges enjoined 28 promoters.