March 19, 2014

Seasoned Octopus

by Kenneth Hoffman in Tax Planning, Tax Counsel

Most of the Internal Revenue Service's 90,000 employees are financial bureaucrats, working to collect the taxes that finance our government. But the Criminal Investigations unit, or IRS-CI, is an elite division of 3,700 financial crimefighters dedicated to protecting those taxes. Last month, they released their Fiscal 2013 annual report. And business sure is booming! In 2013, IRS special agents initiated 5,314 investigations (up 3.7% from 5,125 in 2012) and recommended 4,364 prosecutions (up 17.9% from 3,710 in 2012). There were 3,865 indictments and 3,311 convictions (the IRS doesn't take someone to criminal court unless they're pretty sure they can win). And 2,812 miscreants won themselves the proverbial "three hots and a cot" for terms averaging 25 months.

Most of IRS-CI's targets are plain old crooks. But some of them are just so awkwardly entertaining, we had to share their stories:

Every time you pump a gallon of gas, you pay 18.3 cents in tax to build and repair federal roads. But there's a little-known exemption that lets off-road users like drag racers apply for a refund. Evan Knoll, the "King of Drag Racing" and owner of Torco Racing Fuels in Grand Rapids, Michigan, saw that exemption and smelled opportunity. (Maybe it was something in the fumes?) Knoll claimed $83 million in refunds over nine years from 1999-2008 before pleading guilty to nine counts of fraud and drawing a 14-year sentence. Nowthat's some high-octane cheating!
Edward Picardi was a surgeon in South Dakota, who spent way too much time performing liposuction on his tax bill. First, he ran his income through a series of entities organized in Ireland, Hungary, Cyprus, the Isle of Man, Jersey, and Guernsey. (Really? Hungary? Were the Cayman Islands just too obvious?) Then he deposited it into various foreign accounts he controlled through a New Zealand trust, in the name of one last corporation established on the delightfully sunny island of Nevis. After several weeks in trial, the judge in Picardi's trial surgically removed five years of freedom from the good doctor's future. Withoutanesthesia. Ouch.
Michael Chen owned the Fune Ya Japanese Restaurant in Richmond, California, just north of Berkeley. (Apparently the fried banana dessert was a hit.) Chen kept detailed records of his daily sales in 26 boxes marked "Seasoned Octopus." But he never reported his cash sales to the IRS. Oops. He also paid his employees $548,919 in cash without sending the IRS any payroll tax on their income. Another mistake. Now the long tentacle of the law has got him for 33 months, enjoying his meals in a place where they don't serve octopus at all.
You might think that if you're already stuck in jail, you can't commit tax fraud. Well, you would be wrong. Michael Joseph III was feeling "underemployed" at the Apalachee Correctional Institution in the Florida panhandle when he hit upon one of those brilliant ideas we all wish we had thought of. Why not while away those idle hours filing false tax returns using other inmates' names and social security numbers? Yeah! And while we're at it, why not have the IRS mail the refunds to momma's house? Unfortunately for our enterprising would-be accountant, prison officials discovered the scheme during a routine mail search. Joseph pled guilty to 41 various offenses and drew another 63 months behind bars. At least now he's doing time in a classy federal joint instead of some loser statecan.

We all know taxes have gone up this past year, and we all know nobody enjoys paying. That's the bad news. The good news is you don't have to risk a visit from the tax cops to pay less. You just need a plan. There's no shortage of court-tested, IRS-approved strategies for paying less. So if you're still worried about April 15, and you haven't asked us about our planning service, what are you waiting for?

Let's Talk! For a deeper conversation on our services, or to become a client, call Kenneth Hoffman at (954) 591-8290 Monday - Friday for a no cost consultation, or drop me a note.

Kenneth Hoffman of K.R. Hoffman & Co., LLC is a highly sought after tax and business counselor. As a trusted senior advisor and counselor working closely with Entrepreneurs, Professionals and Select Individuals, Mr. Hoffman provides counsel to his clients who are navigating through the complexity of today's business, tax, and accounting challenges.

Click here to schedule an appointment with Kenneth Hoffman.

If you found this article helpful, I invite you to leave a comment and please share it on twitter,facebook or your favorite social media site and with your friends, family and colleagues. Thank you.

I truly value your business and I appreciate your referrals. Refer your family, friends, acquaintances, and business colleagues to KR Hoffman & Co., LLC.

Follow us on Twitter at @TaxReturnCoach, and let us know how we're doing.

March 13, 2014

Finders, Keepers?

by Kenneth Hoffman in Tax Counsel, Tax Planning

Modern-day salvagers can spend years to find centuries-old treasures. Mel Fisher spent 16 years searching for the Spanish galleon Nuestra Señora de Atocha, which sank in a hurricane off Key West in 1622. But sometimes finding buried treasure is far easier. Just ask the still-unidentified California couple, known only as "John" and "Mary," who took their dog for a walk and spotted the edge of an old can on the side of a trail they had walked almost every day for years.

That can was so heavy, they thought it held lead paint. But as they carried it back to the house, struggling with the weight, it burst open to reveal the glint of gold. (Sounds like a real "Beverly Hillbillies" moment, doesn't it!) That rusted-out can turned out to be just the first of eight containing 1,427 mostly mint-condition gold coins, mostly from the nearby San Francisco Mint, made from 1847 to 1894. Their face value comes to $27,980, which isn't bad. But their market value may top $10 million. In fact, one coin alone — an 1866 Liberty $20 piece without the usual "In God We Trust" inscription — may be worth a cool million all by itself!

At one point, it looked like John and Mary might have to give up their find. Back in 1900, a Mint employee named Walter Dimmick stole $30,000 worth of gold. Dimmick did his time for the crime, but the gold was never recovered. If it had been Dimmick's haul that our lucky couple found, they would have had to return it, even after all this time. Fortunately, the Mint says they don't think that's the case, and they won't be investigating. Mint spokesman Adam Stump told the San Francisco Chronicle, "we’ve done quite a bit of research, and we’ve got a crack team of lawyers, and trust me, if this was U.S. government property we’d be going after it.”

Unfortunately, there is one government agency that will be going after it, and you won't be surprised to hear it's our friends at the IRS. The tax code says "gross income means all income from whatever source derived," and that includes "treasure trove" proceeds like the coins. The IRS clarifies that "if you find and keep property that does not belong to you that has been lost or abandoned (treasure-trove), it is taxable to you at its fair market value in the first year it is your undisputed possession." And that, in turn, means John and Mary will have to report the value of the coins on their taxes. They don't even get to use the lower capital gains rates. So let's see . . . 39.6% for Uncle Sam, plus 13.3% for California, leaves . . . well, barely half of that $10 million! The worst part is, they owe the tax now even if they keep the coins instead of selling them.

What if John and Mary donated the coins to charity? Would that let them off the hook? Nope! The problem is, you can only deduct charitable gifts up to 50% of your income. That means our lucky couple could deduct just half the value of their fortune, and still pay tax on the rest — even if they give it all away. (The limit is even lower for gifts to private foundations — just 30%.)

Here at our firm, we search for hidden treasures, too. But instead of doing it on the high seas, or in California mountains, we do it in the tax code. Our quest is to unearth the deductions, credits, loopholes, and strategies that can save you thousands. And you don't even have to take your dog for a walk to do it. You just have to pick up the phone and call us. So what are you waiting for?

Let's Talk! For a deeper conversation on our services, or to become a client, call Kenneth Hoffman at (954) 591-8290 Monday - Friday for a no cost consultation, or email me at note.

Kenneth Hoffman of K.R. Hoffman & Co., LLC is a highly sought after tax and business counselor. As a trusted senior advisor and counselor working closely with Entrepreneurs, Professionals and Select Individuals, Mr. Hoffman provides counsel to his clients who are navigating through the complexity of today's business, tax, and accounting challenges.

Click here to schedule an appointment with Kenneth Hoffman.

If you found this article helpful, I invite you to leave a comment and please share it on twitter, facebook or your favorite social media site and with your friends, family and colleagues. Thank you.

I truly value your business and I appreciate your referrals. Refer your family, friends, acquaintances, and business colleagues to KR Hoffman & Co., LLC.

Follow us on Twitter at @TaxReturnCoach, and let us know how we're doing.

March 5, 2014

I'd Like to Thank the Academy

by Kenneth Hoffman in Tax Counsel, Tax Planning

Sunday night, millions of movie fans across the globe tuned in as the Academy of Motion Picture Arts & Sciences presented the 86th Academy Awards. Viewers were amazed that Adruitha Lee and Robin Mathews had spun a $250 budget into a Best Makeup award for Dallas Buyers Club. They held their breath and wondered how much Kim Novak had to drink before she stumbled her way through the animation awards. And they thrilled as first-timer Lupitsa Nyong'o won Best Supporting Actress for 12 Years a Slave. But there's one award we didn't see — and it's a key to getting any movie made. We're talking, of course, about the coveted award for Best Original Tax Planning.

When we think of movies, we immediately think of Hollywood. But most movies aren't actually made in Hollywood, or even California, anymore. 37 states offer special tax incentives to lure film development and jobs. This year, all nine Best Picture nominees benefited from various tax incentives in their filming locations. So let's take a look at some of the nominees:

Here's a surprise. Nebraska, the deadpan tale of a curmudgeonly father making his way to Nebraska to claim a million-dollar sweepstakes (and settling a score or two along the way), was actually filmed in Nebraska! Sadly, while the $13 million production was eligible for funds from participating local economic development offices, the Cornhusker State itself didn't offer a single bushel of incentives.
The Wolf of Wall Street may have gotten shut out on Sunday. But director Martin Scorsese's chronicle of debauchery takes the statuette for the biggest tax credit. New York offers a 30% tax credit on total expenditures, which means the Empire State picked up $30 million of the production's $100 million budget.
Dallas Buyers Club and 12 Years a Slave were both filmed in Louisiana. The Bayou State offers the most generous credits of any state — 30% of expenditures plus 5% of payroll. Too bad the combined budget for both films totaled just $25.5 million!
Philomena and Gravity were the only two Best Picture nominees filmed outside the United States — specifically, in England and in near-earth orbit. Filming in orbit lets producers escape taxes (and gravity) completely. As for England, Her Majesty's Revenue and Customs chips in a 25% credit on the first $38 million in costs and 20% on anything above that. (Okay,Gravity wasn't really filmed in orbit — it was filmed in England, too.)

The irony here, according to Manhattan Institute for Policy Research, is that "movie production incentives routinely fail to deliver on the economic promises made by their proponents . . . [D]ata from several states find movie production incentives generate less than 30 cents for every lost dollar in tax revenue."

Fortunately for you, though, you don't have to rent a tuxedo, borrow a gown, or prepare an acceptance speech to pay less tax. You just need a plan. We give you the strategies and concepts you need to impress the judges at the IRS. And we do it without voiceovers, CGI, or other special effects. So hit "reply" to this email and let us know you're ready to get started. And remember, we're here for your whole cast and crew!

If you found this article helpful, I invite you to leave a comment and please share it on twitter, facebook or your favorite social media site and with your friends, family and colleagues. Thank you.

I truly value your business and I appreciate your referrals. Refer your family, friends, acquaintances, and business colleagues to KR Hoffman & Co., LLC.

Follow us on Twitter at @TaxReturnCoach, and let us know how we're doing.

February 26, 2014

Now We Know Why She's Dancing

by Kenneth Hoffman in Retirement, Tax Counsel, Tax Planning

The Swedish pop band ABBA rocketed to global superstardom in the 1970s, with hits like Waterloo, Fernando, and, of course, Dancing Queen. Named for members Agnetha Fältskog, Björn Ulvaeus, Benny Anderson, and Anni-frid Lyngstad, ABBA is the one of the best-selling music groups of all time. They haven't performed together since 1982. But that didn't stop Ulvaeus and Anderson from turning their songs into a hit musical, Mamma Mia!, in 1999. Just one year later, they turned down an offer to reunite for 100 concerts and a billion dollars.

Lots of us are still embarrassed by the fashion choices we made in the 1970s. ABBA, whose members gained attention for glittering hotpants, sequined jumpsuits, and platform heels, is no exception. According to ABBA: The Official Photo Book, coming next month to celebrate 40 years since they won the 1974 Eurovision Song Contest, singer and guitarist Björn Ulvaeus confesses "in my honest opinion we looked like nuts in those years. Nobody could have been as badly dressed on stage as we were."

But now, we've learned there was more than just bad taste at work. It turns out the band was working to avoid the Swedish National Tax Board! As The Guardian reported last week, "the band's style was influenced in part by laws that allowed the cost of outfits to be deducted against tax — so long as the costumes were so outrageous they could not possibly be worn on the street."

Sweden's tax man has always taken a bigger bite of his citizens' earnings than Uncle Sam. The Swedes' top tax rate rose to 85% in 1980, at a time when Ronald Reagan was campaigning to take ours from 70% down to 50%. For 2014, their top marginal tax rate reaches 57% on income over about $88,180, versus a 39.6% top rate here. The Swedes also take 31.42% for payroll tax, versus 15.3% here. Apparently, taxes grow well in the cold Swedish climate.

So it might surprise you to learn that our tax code offers a version of the same deduction. Specifically, IRS Publication 17 says you can deduct the cost and upkeep of work clothes so long as you have to wear them as a condition of your employment and they're "not suitable for ordinary street wear." It's not enough that you wear distinctive clothing — it has to be required by your employer (or essential for your business if you're self-employed). And it's not enough that you simply don't wear your work clothes away from work — it "must not be suitable for taking the place of your regular clothing." (We think Lady Gaga's famous meat dress will qualify just fine.)

Ulvaeus himself is no stranger to tax controversy. In 2007, the Tax Board accused him of laundering royalty income through foreign accounts to avoid 90 million kroner ($12.8 million) in taxes from 1997-2005. Ulvaeus paid the tax as a precautionary measure, then appealed to his county administrative court, which eventually ruled in his favor.

We understand you want to pay less tax yourself. But we doubt you're willing to rock a spandex sequined jumpsuit to do it — at least, not in public. (What you wear at home is your own business!) Fortunately, there are hundreds of easier ways to pay less. You just need to start with a plan. That's where we take the stage. Just hit "reply" to this email and let us know you're ready to get started!

If you found this article helpful, I invite you to leave a comment and please share it on twitter, facebook or your favorite social media site and with your friends, family and colleagues. Thank you.

I truly value your business and I appreciate your referrals. Refer your family, friends, acquaintances, and business colleagues to KR Hoffman & Co., LLC.

Follow us on Twitter at @TaxReturnCoach, and let us know how we're doing.

February 5, 2014

Adding Insult to Super Bowl Injury

by Kenneth Hoffman in Tax Counsel, Tax Preparation, Tax Planning

On Sunday, quarterback Peyton Manning led his uncharacteristically hapless Denver Broncos to the second-most-lopsided Super Bowl loss ever. Manning & Company just couldn't catch a break, from the safety they gave up on the game's first play, to Manning's two interceptions, to Percy Harvin's second-half kickoff return, to . . . you get the picture. So, Manning didn't walk away with that hoped-for second Super Bowl ring. But at least he walks away with the $46,000 bonus the NFL awards to losing players.

Or does he? Well, here's the deal. It turns on two things:

New Jersey, like most states, tackles visiting athletes with a "jock tax." The state calculates Manning's taxable income by dividing the number of days he practices and plays in the state by the number of "duty days" he works for the whole year. Then they apply the regular tax rates, which range up to 8.97% on income over $500,000.
Next month, Manning heads to the doctor to follow up on a series of surgeries to his neck and spine. If everything still looks good, he plans to return for the 2014 season. If not, he'll ride off into the sunset, go to work as a broadcaster, and wait for his induction into the Hall of Fame.

Now, here's where the play gets complicated. If Manning's neck forces him to retire, he'll finish 2014 with $111,000 in playoff bonuses. He'll owe New Jersey tax for the seven days he worked in the state, out of 33 days he played for the year. He'll hand off $982 in tax, and probably hope he can forget the day ever happened.

BUT — if Manning's neck checks out okay, and he goes on to play next season, he'll earn another $15 million in 2014 salary. Then he'll owe New Jersey tax for a smaller fraction of the season — seven days out of 200, rather than seven days out of 33. But he'll apply that fraction to a whopping $15,111,000 of income. That means he'll turn over $46,844 in tax — $844 more than he actually made for playing Sunday's game!

And this is all before we get to Uncle Sam, who picks off 39.6% for income tax and 3.8% for Medicare. Manning's total tax bill on his $46,000 Super Bowl bonus could hit $66,808, meaning it actually cost him 20 G's to play! Where's the fun in that?

At least Manning still leads the NFL in endorsements. He makes $12 million per year from sponsors including Reebok, Buick, Wheaties, DirecTV, and Papa John's pizza. He should be thankful New Jersey doesn't tax him on a share of that endorsement income. Some U.S. golfers, among other athletes, have had to weigh whether or not to play tournaments in European countries that tax visiting athletes on a share of their endorsement income as well as contest winnings.

So, here's the final score. When you try something new, like earning income from a new venture or in a new place, you can't just add up the numbers at the end of the year and hope for the best. You need a plan to penetrate the tax man's defense — one that anticipates blindside rushers like New Jersey's jock tax. So call us when you're ready foryour plan. And remember, we're here for your teammates, too!

Let's Talk! For a deeper conversation on our services, or to become a client, call Kenneth Hoffman at (954) 591-8290 Monday - Friday for a no cost consultation, or drop me a note.

Kenneth Hoffman of K.R. Hoffman & Co., LLC is a highly sought after tax and business counselor. As a trusted senior advisor and counselor working closely with Entrepreneurs, Professionals and Select Individuals, Mr. Hoffman provides counsel to his clients who are navigating through the complexity of today's business, tax, and accounting challenges.

Click here to schedule an appointment with Kenneth Hoffman.

If you found this article helpful, I invite you to leave a comment and please share it on twitter, facebook or your favorite social media site and with your friends, family and colleagues. Thank you.

I truly value your business and I appreciate your referrals. Refer your family, friends, acquaintances, and business colleagues to KR Hoffman & Co., LLC.

Follow us on Twitter at @TaxReturnCoach, and let us know how we're doing.

January 30, 2014

Le Grand Tax Savings

by Kenneth Hoffman in Tax Counsel, Tax Planning

When you think of France, you probably think of food. The French are known throughout the world for their truffles, foie gras, and fine champagne. French chefs have spread the gospel of rich food and fine wine across the globe. Most of us think of "French" dining as the highest form of cuisine.

But it seems the French have a dirty little culinary secret they might not like the rest of the world to know. Would you believe they love McDonald's almost as much as we do? That's right, there are 1,258 golden arches across France, and France is actually McDonald's most profitable market outside the states. McDonald's outlets in France serve slightly more exotic fare than their American cousins — the "Premio au Parmesan" starts with the usual all-beef patty, then adds a ciabatta bun, parmigiano reggiano cheese, and creamy parmesan sauce. And French McDonald's serve beer, too. But — French gourmands can still sneak in anytime for "le Grand Big Mac."

Now, it seems, those French McDonald's are being accused of whipping up a different kind of dish — specifically, cooking "the books." Quelle horreure — can it really be true?

Here's the issue. Different countries set different tax rates for the corporations that operate within their borders. Naturally, smart accountants working for multinational corporations want to minimize their taxes by shifting whatever profits they can from high-tax jurisdictions like the United States (where they pay up to 35%) to lower-taxed jurisdictions. Tech firms like Apple and Google have made headlines for using strategies like the "Dutch Sandwich" (which shifts income to tax-free Netherlands Antilles corporations) and "Double Irish" (which shifts profits to Irish subsidiaries, where they're taxed at a low 12.5% rate). Some governments are working to close loopholes and make it harder to channel profits through lower-tax locations. But unless they change the rules, it's all perfectly legal.

Last week, the French magazine L'Express reported that McDonald's has funneled 2.2 billion euros of French earnings (roughly $3 billion) through subsidiaries outside France, avoiding several hundred million euros in corporate and value-added tax. For example, French franchisees pay their licensing fees for use of the brand and related intellectual property to a Luxembourg company called McD Europe Franchising SARL. The Luxembourg company then pays an annual fee on to the parent company here in the U.S. The franchisees then deduct those royalties from their French income, which is taxed as high as 33.33%. But for 2012, the Luxembourg entity paid just $3.2 million in tax on $172 million in profit.

For their part, McDonald's responds that "McDonald's pays all of its taxes in France on the totality of its revenue, in line with current legislation." They add that they've paid a billion euros in company taxes since 2009 and they've cooperated fully with French tax authorities. French officials have launched similar investigations against Google, Amazon, Microsoft, and other corporations without finding fault.

Here's the real lesson. McDonald's didn't just wait until the end of the year to add up their income and hope to find a few deductions to pay less tax. They sat down, looked at the law, and planned a proactive menu of strategies to pay as little as possible. That sort of planning is the key to paying less tax. And you don't have to be a multinational corporation to do it. If you have your own business — even just a simple hamburger stand — call us for the plan you need to pay less. We're sure you'll enjoy some healthy and nutritious savings!

If you found this article helpful, I invite you to leave a comment and please share it on twitter, facebook or your favorite social media site and with your friends, family and colleagues. Thank you.

I truly value your business and I appreciate your referrals. Refer your family, friends, acquaintances, and business colleagues to KR Hoffman & Co., LLC.

Follow us on Twitter at @TaxReturnCoach, and let us know how we're doing.

January 24, 2014

Beware of Tax Scams

by Kenneth Hoffman in Business Counsel, IRS Info, Tax Counsel

It’s true: tax scams proliferate during the income tax filing season. This year’s season opens on Jan. 31. The IRS provides the following scam warnings so you can protect yourself and avoid becoming a victim of these crimes:

Be vigilant of any unexpected communication purportedly from the IRS at the start of tax season.
Don’t fall for phone and phishing email scams that use the IRS as a lure. Thieves often pose as the IRS using a bogus refund scheme or warnings to pay past-due taxes.
The IRS doesn’t initiate contact with taxpayers by email to request personal or financial information. This includes any type of e-communication, such as text messages and social media channels.
The IRS doesn’t ask for PINs, passwords or similar confidential information for credit card, bank or other accounts.
If you get an unexpected email, don’t open any attachments or click on any links contained in the message. Instead, forward the email to phishing@irs.gov. For more about how to report phishing scams involving the IRS visit the genuine IRS website, IRS.gov.

Here are several steps you can take to help protect yourself against scams and identity theft:

Don’t carry your Social Security card or any documents that include your Social Security number or Individual Taxpayer Identification Number.
Don’t give a business your SSN or ITIN just because they ask. Give it only when required.
Protect your financial information.
Check your credit report every 12 months.
Secure personal information in your home.
Protect your personal computers by using firewalls and anti-spam/virus software, updating security patches and changing passwords for Internet accounts.
Don’t give personal information over the phone, through the mail or on the Internet unless you have initiated the contact and are sure of the recipient.
Be careful when you choose a tax preparer. Most preparers provide excellent service, but there are a few who are unscrupulous. Refer to Tips to Help you Choose a Tax Preparer for more details.

Let's Talk! For a deeper conversation on how this issue might affect you or your business, or to become a client, call Kenneth Hoffman at (954) 591-8290 Monday - Friday for a no cost consultation, or drop me a note.

Kenneth Hoffman of K.R. Hoffman & Co., LLC is a highly sought after tax and business counselor. Counseling Entrepreneurs, Professionals and Select Individuals who are struggling with ever changing tax laws and who are paying too much in taxes. All the while he is protecting his clients from the IRS and other taxing authorities using proactive tax planning strategies, ensuring compliance with minimal tax liability while bringing his clients Peace of Mind.

Click here to schedule an appointment with Kenneth Hoffman.

If you found this article helpful, I invite you to leave a comment and please share it on twitter, facebook or your favorite social media site and with your friends, family and colleagues. Thank you.

I truly value your business and I appreciate your referrals. Refer your family, friends, acquaintances, and business colleagues to KR Hoffman & Co., LLC.

Follow us on Twitter at @TaxReturnCoach, and let us know how we're doing.

January 23, 2014

The Nanny Tax

by Kenneth Hoffman in Tax Counsel, Tax Preparation, Tax Tips

Every few years the "nanny tax" becomes a big news story when some high-profile political figure reveals that he or she hasn't paid required nanny taxes. While you may not plan on running for political office, failing to pay the nanny tax on the household workers you employ could result in IRS penalty and interest charges. And that's in addition to the tax itself.

If you paid a household employee - such as a gardener, housekeeper, or nanny - more than $1,800 in wages in 2013, you may have payroll tax obligations to meet. These taxes are called "nanny taxes." You are generally required to pay social security taxes on your worker's behalf, and you may have other federal and state payroll tax obligations as well.

If you had household workers in 2013, it's worth contacting our office to discuss your tax obligations. January 31, 2014, is the deadline for sending W-2 forms to your workers if the nanny tax applies for 2013.

Be aware that the nanny tax threshold increases to $1,900 for 2014.

January 22, 2014

Excuses, Excuses

by Kenneth Hoffman in Business Counsel, Tax Counsel, Tax Planning

So-called "tax protestors" have dreamed up dozens of excuses for not paying the taxes the rest of us grumble about. They argue that the Sixteenth Amendment, which authorizes the government to levy an income tax without apportionment among the states, was never "properly ratified." They accuse the "alleged" Internal Revenue Service of being a massive premeditated conspiracy to defraud U.S. citizens. Some groups assert that the gold tassels around the American flags that stand in many federal courts are a "mutilation," rendering them "courts of admiralty" with no proper jurisdiction. Still others contend that taxpayers aren't required to file a federal tax return because the instructions associated with Form 1040 don't display an OMB control number as required by the Paperwork Reduction Act. (Can you imagine risking jail time on an argument like that?)

Well, the IRS has heard it all. They've published a web page identifying 40 Frivolous Positions for Taxpayers to Avoid. They've warned taxpayers about a $5,000 penalty for using any of these arguments in a return. They've even pointed out that courts sometimes don't even bother refuting the frivolous claims anymore. But now Charles Adams, whom the First Circuit Court of Appeals described as "an unabashed opponent of the tax laws," has come up with a new argument to avoid facing the music. Think he'll fare any better?

Adams and his various co-conspirators are affiliated with a protest group called Save-a-Patriot. They ran a payroll service that helped client companies pay their employees "under the table" so they could hide their income from the IRS. On March 19, 2004, a federal magistrate issued a warrant to search Adams's home in Wrentham, Massachusetts. Four days later, armed agents executed that warrant and seized evidence. Prosecutors eventually used that evidence to convict Adams of tax evasion. District Court Judge Dennis Saylor IV sentenced Adams to four years in the pokey, and Adams appealed to the First Circuit.

Sounds straightforward enough, right? Well, here's the problem. Internal Revenue Code Section 7608(a)(1), which gives revenue enforcement officers their power, explicitly authorizes agents enforcing laws pertaining to alcohol, tobacco, and firearms to carry guns. Section 7608(b), which deals with all other tax laws, does not. The agents who searched Adams's home were packing heat. Therefore — at least according to Adams — the search was unlawful and the evidence they found should be suppressed. (It's like that scene in every episode of Law and Order when the defense attorney asks the judge to throw out the evidence against his client. Usually the judge says no, but sometimes he makes the cops go out and re-prove their case all over again.)

Not buying it? Neither did the First Circuit. The three-judge panel said "whatever intrusion may have occurred was not of constitutional dimension." They dismissed Adams's arguments as "futile" and "unavailing," and concluded, "without serious question, that the district court did not blunder in refusing to grant the defendant's motion to suppress." Even Adams's own lawyer acknowledged that his "convoluted ideas and beliefs seem far-fetched."

It's easy to laugh at protesters like Charles Adams. Their theories are clever and entertaining. But their refusal to pay their share of the tax bill leaves the rest of us holding the bag. That's why it's so important for you to have a plan to pay the least amount of tax allowed by law. Our strategies are all court-tested and IRS-approved. So call us when you're ready for your plan. And remember, we're here for your family, friends, and colleagues too!

January 15, 2014

The Endangered Species List

by Kenneth Hoffman in Tax Counsel, Tax Planning, Tax Preparation

On September 1, 1914, "Martha," the last remaining passenger pigeon (ectopistes migratorius), died at the Cincinnati Zoo. On September 7, 1936, "Benjamin," the last Tasmanian tiger (thylacinus cynocephalus), died at Australia's Hobart Zoo. And on June 24, 2012, "Lonesome George," the last living Pinta Island tortoise (chelonoidis nigra abingdoni), died in Ecuador's Galapagos National Park.

When you think of endangered species, you naturally think of plants and animals. But the IRS has its own endangered species list (called "listed transactions"), and that means sometimes even tax strategies go extinct. So, for example, in October, 2006, the last grandfathered private annuity trust was formed. On April 10, 2007, most so-called "Section 419(e)" plans were shot down. Now, could the venerable Swiss bank account (bankum secretus strongius) be next?

Switzerland's banking laws have long made it a crime to reveal an account holder's name. At the same time, Swiss authorities have historically refused to cooperate with foreign countries where failure to report taxable income is concerned. Together, these policies made Switzerland the banker of choice for Colombian druglords, Sub-Saharan kleptocrats, Russian oligarchs, and even the so-called "Wolf of Wall Street," Jordan Belfort.

But recently those protections have melted away like so much Swiss chocolate sitting in the bright alpine sun. It started back in 2008 when Bradley Birkenfeld, a mid-level banker, blew the whistle on helping American taxpayers "forget" to report millions of dollars of interest income. Birkenfeld's bombshell landed him a 40-month prison sentence and a $104 million reward from the IRS. A year later, the Department of Justice fined the biggest Swiss bank $790 million and cut a deal with the Swiss government, giving them power to force their banks to disgorge information on American depositors almost on demand. In 2012, an even stronger settlement required 300 Swiss banks to identify their American account holders or face their own penalties. Most recently, "Beanie Babies" creator Ty Warner pled guilty to evading $5 million in tax and agreed to a $53 million fine — and still faces four years in jail.

And now? Well, some observers say that Swiss banks are actually doing the IRS's job for them. Better to rat out clients than pay IRS fines! Banks are pressuring Americans to report their accounts, and even freezing accounts unless clients can prove they're playing by the new rules. U.S. attorneys are generally advising clients with secret accounts to 'fess up now before the IRS finds them and penalizes them 50% of their balances. At this point, attorneys say, discovery is a matter of "when," not "if." That message appears to be hitting home. Since 2009, over 38,000 Americans have come forth and paid over $5 billion in taxes, penalties, and interest. The once-celebrated Swiss bank account appears headed the way of the dodo, as far as U.S. tax cheats are concerned.

Look, we understand that everybody wants to pay less tax. But there's a right way to do it and there's a wrong way to do it. The right way is to take advantage of hundreds of legitimate deductions, credits, and strategies contained in the tax code and treasury regulations. And it all starts with a plan. We can give you that plan, and it doesn't involve a trip to Zurich or Geneva to visit your money. So call us now to see how much you might be overpaying. And if you really like cuckoo clocks, fine watches, and yodeling, you can take a legitimate trip with the savings!