Tax research

In a motion filed last week, lawyers for action star Wesley Snipes asked that tax fraud and tax evasion charges against him be dismissed, claiming that he is being targeted because he is African-American. The eight-count indictment, filed last October, charges Snipes and two Florida men with conspiracy to defraud the Internal Revenue Service and presenting fraudulent claims for payment totaling almost $12 million. Snipes also faces six counts of failing to file income tax returns between 1999 and 2004. The motion notes that although co-defendant Eddie Ray Kahn, the founder of tax scheme promoter American Rights Litigator, had not filed tax returns from 1997 to 2002, he was not charged with failing to file. It was also "possible" that co-defendant and tax preparer Douglas P. Rosile had not filed in 2003 and 2004, but no charges were brought against him. Both Kahn and Rosile, the motion points out, are "Caucasian." Snipes has maintained all along that he was simply the victim of bad tax advice, and that the charges against him were racially based. As further evidence of "selective prosecution," the motion points out that while American Rights Litigator had over 2,000 clients, Snipes was the only one to be prosecuted. His lawyers ask that, should the case continue, he be granted discovery rights to determine the race and tax return status of those other clients, and whether any face charges. In addition, the motion claims that Snipes was singled out because he asked the examining agents to send him written copies of the questions they wished to discuss with him, refused to acknowledge the illegitimacy of his tax strategy, and because he possesses a "national platform" to publicize the issue. Finally, the motion also reveals that Snipes' middle name is Trent.

Six of the nation's largest CPA firms have collaborated on a white paper and submitted it in late May to then-Internal Revenue Service Commissioner Mark Everson with a series of recommendations on strategies to close the $300 billion tax gap. The letter, submitted by executives from BDO Seidman, Deloitte, Ernst & Young, Grant Thornton, KPMG and PricewaterhouseCoopers, told Everson that strategies to narrow the massive payment fissure should encompass such areas as targeting the service's efforts toward high-risk areas of noncompliance, making better use of technologies, and establishing measurable milestones over reasonable time frames to monitor effectiveness. The paper also held tax preparers' feet to the fire as a part of the problem stating that in some cases, the preparers "failed to inquire for complete facts or otherwise facilitating noncompliance. Initiatives directed at improving the performance of paid tax return preparers and strengthening the integrity of the tax system should be undertaken as part of any strategy to improve voluntary compliance and reduce the tax gap," the paper said.

Moving to curb abuse of this year's one-time telephone excise tax refund program, the Justice Department and the Internal Revenue Service have obtained federal indictments against tax preparers who allegedly filed thousands of dollars in fraudulent refund claims. In recent weeks, alleged refund schemes involving preparers in Florida, Georgia, Texas and California have led to federal indictments. Shortly after tax season opened in January, the IRS observed problems with returns from some tax preparers that indicated possible criminal intent. Along with search warrants carried out by the IRS, tax preparers across the nation who prepared questionable refund requests received visits from IRS revenue agents and special agents. "We saw limited but serious instances of abuse," said IRS acting commissioner Kevin M. Brown. "We used our enforcement resources to move swiftly and decisively to protect this valuable refund for the vast majority of taxpayers and tax preparers who are requesting it properly."

On the heels of strong tax revenue gains, state spending during the past fiscal year rose 8.6 percent over the year-ago period, but concerns over tighter budgets and more modest spending levels may be in the near future, according to the National Governors Association and the National Association of State Budget Officers. According to the 2006 Sales Tax Rate Report from tax technology products provider Vertex Inc., the average U.S. sales tax rate hit an historical high in 2006 at 8.579 percent -- up from 8.549 percent in 2005. Vertex also said that the number of tax rate changes in the U.S. grew by 28 percent since the late 1990s. "As the economy was flush with money in the late 90s, there is a recognized decrease in the number of tax rate changes from 1995-2000," said John Minassian, Vertex vice president of Tax Content Development. "However, ever since predictions of an economic bubble burst came to fruition in 2000, we have seen a severe increase in the number of rate changes, likely the result of local, city, county and state needs to increase revenue and balance budgets."

Payroll and benefits outsourcing provider Paychex, Inc. has unveiled Tax Credit Services, a product that provides small and mid-sized businesses with help in identifying and applying for eligible wage-based tax credits they may be eligible to receive. Wage-based tax credits were designed to stimulate economic development and create job growth in targeted areas throughout the country by reducing income tax liability at the state and federal levels. They can be used in the current year or can be carried forward to reduce future tax bills. The Paychex Tax Credit Services target two types of business tax credits: location-based and job-creation tax credits. Paychex veteran executive Cliff Gibson has been tapped to head the company's new Tax Credit Services sales division. For more information go to www.paychex.com

The Internal Revenue Service revealed plans to launch a new National Research Program reporting compliance study for individual taxpayers that would provide updated and more accurate audit selection tools and support efforts to reduce the nation's $300 billion-plus tax gap. The latest NRP study will be the first of an ongoing series of annual individual studies using an innovative multi-year rolling methodology. The study is scheduled to start in October 2007 and examine about 13,000 randomly selected 2006 individual returns. Similar sample sizes will be used in subsequent tax years. The IRS said that the advantage of combining results over rolling three-year periods is that it would be able to make annual updates to compliance estimates and develop more efficient workload plans on an annual basis. Previous studies started from scratch, drew tax returns from a single tax year and involved examinations of more than 45,000 taxpayers. The initial group of taxpayers whose returns are selected for audit under the new NRP study will start receiving official letters in October informing them that they are part of the research study.

Two months after the Justice Department filed lawsuits accusing more than 125 franchised offices of tax-prep company Jackson Hewitt of helping falsify tax returns, the company disclosed that it has come under investigation by the Internal Revenue Service. Accrording to The New York Times, the Parsippany, N.J.-based company said that it was cooperating with the IRS inquiry. The four DOJ lawsuits --filed in federal courts in Chicago, Atlanta, Detroit, and Raleigh, N.C. against five corporations operated under franchise agreements with Jackson Hewitt, allege that the businesses cost more than $70 million in losses to the U.S. Treasury. One of the individual defendants, Farrukh Sohail of Atlanta, wholly or partly owned each of the five corporations, with those franchises filing more than 105,000 federal income tax returns last year. According to the complaint, Sohail and other defendants "created and fostered a business environment" at the franchises, "in which fraudulent tax return preparation is encouraged and flourishes." Jackson Hewitt subsequently launched an in-house review of its practices and retained Fred T. Goldberg, a former IRS commissioner, to head the investigation.

Tax, audit and accounting software and services provider CCH, a Wolters Kluwer Co., had added a Sarbanes-Oxley Section 404 internal controls library to its proprietary Accounting Research Manager database. The new offering includes materials such as: * The American Institute of CPAs: professional standards related to internal controls;*The COSO Internal Control Integrated Framework;* Institute of Internal Auditors' "Designing and Writing Message-Based Audit Reports";* Public Company Accounting Oversight Board auditing standards related to internal control; and,* Securities and Exchange Commission rules and releases related to internal controls. For more information, go to www.accountingresearchmanager.com

The allegations in the criminal indictment of two former and two current Ernst & Young partners for tax fraud conspiracy and related crimes arising out of tax shelters promoted by E&Y makes for some very interesting reading. All four worked in a E&Y group first named VIPER (Value Ideas Produce Extraordinary Results), and later renamed SISG (Strategic Individual Solutions Group). One was the former national director of E&Y’s Center for Wealth Planning, another the national director of E&Y's Personal Income Tax and Retirement Planning practice. The basic premise of the U.S. attorney, as stated in the press release, is: “In order to maximize the appearance that the tax shelters were investments undertaken to generate profits, and to minimize the likelihood that the IRS would learn the transactions were actually designed to create tax losses and deductions, the defendants and their co-conspirators created and assisted in creating transactional documents and other materials containing false and fraudulent descriptions of the clients' motivations for entering into the transactions, and their motivations for taking the various steps that would yield the tax benefits.” The tax shelters are described as “cookie-cutter products that would eliminate, reduce or defer large tax liabilities.” One of the allegations is that the defendants worked with law firms to provide E&Y's clients with opinion letters that claimed the tax shelter losses or deductions would "more likely than not" or "should" survive IRS challenge, and the defendants knew those opinions were based upon false and fraudulent statements that omitted material facts. The indictment also alleges that the defendants and their co-conspirators undertook these actions so E&Y could participate in the highly lucrative tax shelter market in which other accounting firms were already participating. In response to the indictment, E&Y issued a press release stating those indicted are two former partners and two partners who have been on administrative leave, that they were part of a small group within the firm that disbanded years ago, and that E&Y voluntarily made many changes and enhancements to their tax practice. It also mentioned that some changes were made pursuant to a 2003 agreement with the IRS, which E&Y proudly proclaimed the IRS Commissioner called a "model for agreements with practitioners.” The indictment explains in detail how the shelters worked and were marketed, contains numerous quotes attributed to the defendants, and has an allegation the fees charged were based on a percentage of the tax savings obtained. Interestingly, there is a claim that three defendants utilized a fraudulent tax shelter with regard to the proceeds they received when E&Y sold its consulting business to Cap Gemini. The more I read, the more it reminded me of Enron’s downfall. As with Enron, there is an accounting firm involved, law firms certifying the validity of very complicated transactions, and financing from a third party. What is different is, unlike in Enron, the originator of the transactions is the accounting firm. I consider this difference to be very significant. But it is obvious, after the demise of Andersen, the government has decided to go after individuals criminally, rather than the firm, so as not to put the future of a Big Four firm in jeopardy. If it goes to a jury trial, how will the government simplify the transactions? What are the perceived smoking guns that it will present? With regard to the defense, will they claim the tax shelters weren’t criminal but very aggressive attempts at tax savings, similar to 1031 exchanges? If successful, the government will probably feel those in accounting firms, because of fear of criminal prosecution, will reign in a firm from engaging in fraudulent activities. I wonder if the government has successfully made that point already simply by indicting four former or current partners of a Big Four firm. A copy of the indictment is at http://online.wsj.com/public/resources/documents/EYIndictment20070530.pdf. The government’s press release is at usdoj.gov/usao/nys/pressreleases/May07/eyindictmentpr.pdf.

Republican presidential candidates Rudy Giuliani and Sen. John McCain, R-Ariz., have each refused to sign a pledge not to raise taxes if either is elected as the nation’s chief executive.

Regardless of which of the multiple return dates applied to taxpayers, e-filed returns during the 2007 filing season began pouring in early in the process and kept coming at a steady pace.

Nearly three decades ago, California enacted Proposition 13, a highly debated piece of legislation that limited property taxes to 1 percent of the full value of the property, and reduced them statewide by an average of 57 percent.Today, a swelling number of grassroots movements in several states that are protesting skyrocketing property taxes and filing appeals may usher in the question of whether the U.S. will one day need similar legislation on a national level.

Former Internal Revenue Service district director Jesse Ayala Cota pleaded guilty to conspiring to defraud the United States through his involvement in a tax fraud scheme promoted by the Topeka, Kansas-based organization Renaissance, The Tax People Inc.Cota admitted in his plea agreement that from 1997 through April 2002, the conspirators, through Renaissance, operated a scheme to defraud the government by marketing a program designed to sell illegal tax deductions through false and misleading representations.

After learning that more than 450,000 federal workers and retirees owe a whopping $3 billion in back taxes to the Internal Revenue Service, the Senate Finance Committee is urging the president to step up efforts to collect from those delinquent employees.Senate Finance Committee chair Max Baucus, D-Mont., and ranking Republican member Sen. Charles Grassley, R-Iowa, sent a letter to President Bush requesting that he remind the delinquent federal employees and warn them of the consequences of non-compliance.

Tax practitioners looking to Congress, the Treasury or the Patent Office for a solution to the perceived problem of tax strategy patents may instead have found some assistance from an expected source - the Supreme Court.A unanimous Supreme Court, in the case of KSR v. Teleflex, decided on April 30, 2007, overturned a decision of the U.S. Court of Appeals for the Federal Circuit and found a patent claim invalid. In doing so, the high court also criticized the Federal Circuit for applying the wrong standard on patent claims and being too liberal in upholding patent claims for obvious improvements.

Sen. Chuck Grassley, R-Iowa, ranking member of the Senate Finance Committee, has sent a letter to his chamber colleagues in an attempt to blunt what he termed "inaccurate claims" about the private collectors employed by the Internal Revenue Service.In a "Dear Colleague" letter, Grassley pointed out that the agency's own collection infrastructure is better set up for placing liens and garnishing wages than it is for making initial phone calls to delinquent taxpayers to set up a payment plan.

Nexus - the amount of contact between a taxpayer and the state that subjects the taxpayer to taxation - continues to vary widely from state to state. In addition, the nexus for sales and use tax differs from the nexus for income tax.The nexus requirement is derived from the language in two different places in the Constitution - the commerce clause, which prohibits states from unduly burdening interstate commerce, and the due process clause, which requires a minimum connection between a state and an entity it seeks to tax.

Just in time for the summer, the U.S. Tax Court denied the like-kind exchange treatment for vacation homes that are not strictly held for investment purposes.In a memo issued Wednesday, the court said that a Georgia couple's exchange of vacation homes did not qualify for the treatment according to Section 1031(a) of the tax code -- finding that the holding of any residence, even if motivated in part by an expectation that the property will appreciate in value, is insufficient to justify the classification of that property as being held for investment.

The Internal Revenue Service is alerting taxpayers to the new versions of an old e-mail scam -- which attempts to fool people into believing that they are under investigation by the agency’s Criminal Investigation Division.An e-mail purporting to be from IRS Criminal Investigation falsely states that the person is under a criminal probe for submitting a false tax return to the California Franchise Board. The e-mail seeks to entice people to click on a link, or open an attachment, to learn more information about the complaint against them. Both the e-mail link and attachment contain a harmful program that can take over the computer hard drive and allow someone to have remote access to the computer.

Federal prosecutors will not bring criminal charges against Ernst & Young for the firm’s sale of legally questionable tax shelters -- although that news probably brought little comfort to the four current and former partners of the Big Four firm who were indicted on charges of tax fraud conspiracy.