Search Results

Ask the Tax Resolution Expert: How Do Kiddie Tax Rules affect the Madoff Carry Back?

Friday, October 16th, 2009

As a certified tax resolution specialist, I help individuals and businesses get the tax help they need to solve their tax problems. I even get questions from other CPAs and tax professionals (like the one below) seeking expert tax resolution advice. If you have a question, please call our office at 1-866-IRS-PROBLEMS or visit www.taxresolution.com

————–

Question: I have been involved in the preparation of form 1045 carry back claims that go back five, four, and three years. In many instances, the carry back eliminated the tax liability for the parents in 2003 and 2004. These taxpayers often have children who were subject to the kiddie tax based upon their tax rates. However, 2003 and 2004 are closed years.—Matthew H. Pennsylvania

I have inquired to the Office of Chief Counsel as to if any relief would be available for this situation and it does not appear that anything is imminent. Just wondering if your firm has considered this issue and if there is any groundswell to get relief.

Answer: Hi Matthew, our team of tax resolution experts at Tax Resolution Services have not yet encountered this issue you describe in connection with any of our 1045 carry back scenarios. However, if we hear of any updates on this matter in terms of tax relief, we will be sure to update the information on our blog. Learn more about the kiddie tax.

—————-

We have several Bernie Madoff cases that we’re working on in house. It’s important for victims of investment fraud to know that they can recoup some of their losses through IRS tax codes. You will need expert tax help amending your tax returns and carrying back losses to previous years. It’s a complicated and technical process – but it could help taxpayers who’ve gotten caught up in Ponzi schemes recoup 30-40% of your losses.

For more advice or information on investment fraud recovery, you can call us at 866-IRS-PROBLEMS (866-477-7762) for a FREE consultation and we can discuss the case in more detail.

Make Sure Your Tax Professional is Legit When Seeking Tax Help

Tuesday, October 13th, 2009

When it comes to paying taxes, some people are criminals about it.  Sadly, some people who call themselves “tax professionals” are also criminals!  Chances are, if you are seeking tax help from a tax professional, you may already feel like you are in over your head.  If the “tax professional” gives you advice that sounds too good to be true, it just may be!  Do your research and arm yourself with this list of questions to ask a tax professional, tax attorney or tax specialist.  Remember, bad advice from a tax professional is just that – bad advice.  If you follow the advice, you are the one who is responsible for it and may pay the price like this Montana man who landed up in prison. 

Stephan Karchut, of Kalispell, Mon., was sentenced to four months in prison, four months of home detention with electric monitoring, and three years of supervised release following incarceration for attempting to evade his 2004 income taxes. He was also ordered to pay restitution to the IRS of $44,901 of taxes owed for the years 2003 and 2004 and to cooperate with the IRS in determining additional income taxes, penalties, and interest that he may owe for the years 2002 through 2004.

Karchut previously pleaded guilty to the charge, which involved Karchut’s efforts to conceal income he earned as sole operator of a business known as PC Surveillance, located in Cortland, Ohio, where he formerly resided.

Beginning in 2002, Karchut followed erroneous advice of a person who held himself out as a tax professional to conceal his income and tax liabilities. Karchut failed to file income tax returns for 2002 to 2004, on false advice that under Section 861 of the IRS Code income is not reportable unless it is received from foreign source — the so-called “861 argument.”

Tax Resolution Services is a team of tax professionals made up of tax attorneys and IRS specialists.  We have been serving the USA for over ten years and are proud of our tax help testimonials!  Fill out our online form for a free tax consultation!

Filing False Federal Tax Returns Gets Miami Woman $100K from IRS and is Not The Recommended Way to Get a Tax Refund from the IRS

Monday, October 12th, 2009

Tax fraud is committed every day.  One criminal act that seems particularly popular, that I’ve blogged about again and again, is filing false federal tax returns.  People do it for various reasons – I suspect that two of the top reasons would be to avoid paying taxes or to get a substantial tax return from the IRS, lining their pockets – and offshore bank accounts – with money.   But what good is money when you are in prison?   Wonder how this Miami woman would answer that question?!

A Miami woman was sentenced to 60 months in prison after being convicted by a jury on tax fraud charges.

Maritza Valiente, 41, was convicted on all 11 counts against her relating to a tax fraud scheme that Valiente and others committed in 1999 and 2000. Valiente and three co-defendants were initially indicted in 2004, but Valiente was not located until 2008.

According to trial evidence, Valiente and her co-conspirators created false W-2s claiming wages and withholdings from fiscal year 1999 in the names of bogus employees of Valiente’s company, United Mortgage Financing. They used the false W-2s and other information to prepare fraudulent tax returns claiming refunds for the fictitious employees. Then, in early 2000, Valiente and her co-conspirators filed the false tax returns with the IRS and obtained refund-anticipation loan checks in the names of the fictitious employees. In sum, more than 30 false tax returns were filed with the IRS as part of the scheme, causing the IRS to issue more than $100,000 in fraudulent refunds.

Filing false federal tax returns is not a good idea, as illustrated above.  Some people may do it because they are desperate to get their taxes filed by the April 15th due date.  Did you know that the IRS accepts delinquent tax returns?  No matter how late, you have a right to file your taxes - and if you need help with a late tax filing Tax Resolution Services team of tax attorneys and IRS specialists can help you.   Better late and honest, than never or dishonest!  Free tax consultation available.

Filing A Delinquent Tax Return is Better than Evading Taxes as this Connecticut Man Who Got 5 Months in Prison for Tax Evasion Found Out

Wednesday, September 30th, 2009

Better late than never!  Regardless of what you’ve heard, you have the right to file your original tax return, no matter how late.  Filing a delinquent tax returnwill keep you out of prison, evading taxes won’t!  As William DeLorenze found out: 

William DeLorenze, 54, of Westbrook, Conn., was sentenced to five months in prison, to be followed by one year of supervised release, after pleading guilty to one count of filing a false federal income tax return for calendar year 2002.

According to court records, DeLorenze sold a house in 2002 and did not report a taxable capital gain of $71,831 on his 2002 return. The investigation also revealed that, from 1999 to 2003, DeLorenze failed to report approximately $74,000 in rental income on properties he owned.

If you feel overwhelmed with unfiled taxes and are seeking tax relief, Tax Resolution Services offers professional tax help!  Our tax relief success rate is 90% and our Offer in Compromise rate is $0.13 on the dollar.  Tax Resolution Services team is standing by to help you today!  Call 1-866-IRS-PROBLEMS (866-477-7762) or fill out our free tax consultation online form.

Texas Woman Evades Taxes and Gets Prison Time – Options Like IRS Payment Plan Can Help Ease Tax Burden

Tuesday, September 29th, 2009

Perhaps people evade taxes because they feel like they cannot afford to pay their taxes – especially those who are independent contractors and receive wages without tax deductions.  The IRS will work with you, if you are willing to work with them.  One example is the IRS Installment Agreement, also known as an IRS Payment Plan, where you can pay your tax liabilities over time.  If you choose to go the alternate route, evading taxes, you will end up like Donna Nelson in the article below. 

Donna J. Nelson, 47, of Sulphur Springs, Texas, has been sentenced one year and a day in prison for tax crimes. According to information presented in court, Nelson admitted to filing a false federal tax return for tax years 2002 to 2006. During that time, she under reported her adjusted gross annual income by a total of $479,781.36, representing additional taxes owed of $135,171.24.

Interested in working with the government to set up an IRS Payment Plan but afraid to take on the IRS by yourself?  You want Tax Resolution Services team of tax attorneys and IRS specialists on your side!  Tax Resolution Services offers a free tax consultation online or call us at 1-866-IRS-PROBLEMS (866-477-7762).

Avoiding Taxes Like this Man from Akron Can Get You Prison Time and an IRS Tax Lien Against You

Friday, September 25th, 2009

If you owe the IRS taxes, they can file a federal IRS tax lien against you!  With a tax lien filed against you or your business, your credit is affected.  It shows up on your credit report and will make it difficult, or impossible, to obtain financing for an automobile or a home.  How does an IRS tax lien get filed against you?  A great example is this man in Akron, Ohio, who found all sorts of ways to evade taxes. 

Daniel L. French, of Akron, Ohio, was sentenced to eight months in prison, to be followed by three years of supervised release, for attempting to evade personal income taxes for the year 2003.

French pleaded guilty to the charge in a written plea in which he also acknowledged he attempted to evade his 2002 taxes and filed false 2002 and 2003 S Corporation returns for a corporation he previously owned and operated under the name D.L. French Co. Inc.

According to the plea agreement, French filed false S Corporation returns (Form 1120S) for the years 2002 and 2003, whose deductions for purported corporate payments for “shop supplies and parts” and “subcontract labor” were in fact disbursements for his personal benefit.

Among these disbursements were checks deposited into a nominee bank account French controlled. As a result of the overstatement of costs, the corporate returns also understated the corporation’s income, which was reportable on French’s personal returns as distributive income. French attempted to evade his personal income taxes for 2002 and 2003 by filing false tax returns on which he understated his income and tax liabilities by reporting his falsely understated business income.

If you find that you’ve had an IRS tax lien filed against you, you will need professional tax help to resolve this tax issue.  Tax Resolution Services team of IRS specialists and tax attorneys can help you understand what your choices are and how to address your tax problems.  Call us at 1-866-IRS-PROBLEMS or 1-866-477-7762.  Tax Resolution Services will help you find tax relief!

IRS Payment Plans Are a Possibility Even If You Owe $4 Million Like This Las Vegas Attorney

Wednesday, September 23rd, 2009

IRS Payment Plans, also known as IRS Installment Agreements, are a possibility even if you owe the IRS big money.  This Las Vegas attorney owes almost $4 million dollars to the IRS and he could have negotiated an IRS payment plan instead of evading taxes.  However, if you owe more than $100,000, you will need professional tax representation to negotiate an Installment Agreement for you since the IRS are toughest on those who owe over $100,000.  Better to be represented by Tax Resolution Services’ team of tax attorneys and IRS specialists to negotiate an IRS payment plan for you than land in federal prison like this Las Vegas attorney: 

A Las Vegas personal injury attorney who was convicted last year of tax evasion and owes almost $4 million to the IRS was sentenced to five years in federal prison.

Edmund C. Botha, 47, was also ordered to serve three years of supervised release and to pay $685,505 in restitution to the IRS as a condition of supervised release.

“The length, breadth, and complexity of this scheme and the gravity of the offense warranted a severe penalty,” said Greg Brower, U.S. Attorney for the District of Nevada. “Despite earning more than $7 million between 1996 and 2006, Mr. Botha paid just over $230,000 in taxes and went to great lengths to hide his assets from the IRS.”

According to the court records and evidence presented at trial, Botha evaded the taxes by purchasing luxury vehicles in his ex-girlfriend’s name; transacting all of his business in cash and cashier’s checks; and entering into a sham child-support agreement requiring him to pay about $20,000 per month for two children. Testimony at trial showed that Botha conducted over $2 million in cash transactions from 1998 to 2003 and paid his rent, utilities, payroll, and other business expenses with cash or cashier’s checks. Evidence further showed that Botha purchased more than 10 vehicles worth more than $400,000 over a six-year period in his ex-girlfriend’s name, while at the same time having only a 15-year-old car with over 100,000 miles on it in his name.

If you need professional tax representation, contact Tax Resolution Services for a free tax consultation or call our office at 1-866-IRS-PROBLEMS.  We are here to help you find tax relief.

Tax Help for Avoiding Severe IRS Penalties including Prison Time: Tax Evasion Proves Costly for Convicted Bar Owner

Tuesday, August 11th, 2009

The owner of several bars in Scottsdale, Ariz., was sentenced to 24 months in prison after pleading guilty to four counts of tax evasion for the year 2003. The total amount evaded was more than $500,000.

Brian C. Roehrich, 40, of Phoenix, attempted to evade the income tax due while he was the president and sole owner of several bars and nightclubs.

At the time of his guilty plea, Roehrich admitted that he established procedures to maintain a separate accounting of cover charge revenue collected from the patrons of one establishment and a portion of the revenue collected from the patrons of another establishment. The cover charge and other revenue were stored separately from the claimed corporate revenue and diverted from the corporate structures for the personal benefit of Roehrich.

Taxes are only a burden if you make them so!  The only conclusion I’ve seen to evading taxes is earning prison time.  If you need assistance managing your taxes, Tax Resolution Services is here to help you find tax relief.  We offer a free tax consultation where we can review smart tax solutions such as IRS payment plans, IRS offer in compromise program and more!  Our tax attorneys are standing by to help you.  Sign up for your free tax consultation online or call us at 1-866-IRS-PROBLEMS (1-866-477-7762).

Ask the Tax Resolution Expert-IRS Help for Taxpayer Threatened by IRS Audit for Income Tax Returns Prepared by Crooked CPA

Monday, August 10th, 2009

With the new surge in IRS enforcements, you could find yourself in serious IRS trouble if your tax returns are falsified—even if you hired someone else to file your taxes for you. Be careful about signing your tax returns to ensure that you will not be audited and penalized for false returns prepared by someone else.

————————–

Question: I just received a letter from Maine Revenue Commission asking me to file amended returns for the years 2003-2006 with a 60 day deadline and threatens to audit me for those years if I don’t.

I was married and filed joint returns with my now “ex” wife during those years and she now lives in Tennessee.

The reason I think that I was flagged by the state revenue service is in the years that are in question, I had my taxes prepared by Robert Grover who has since been fined $75,000 and sentenced to a year in jail for falsifying tax returns.

I fear this will have a snowball effect and lead to the federal IRS also auditing me. I am on a fixed income and barely make ends meet now. What advice if any, can you offer me in this matter?

Answer: Firstly, I would comply with Maine’s Revenue Commission and file or amend the years in question. Secondly, I would also strongly urge you to retain a professional Certified Tax Resolution Specialist (www.taxresolution.com) who can represent you and protect your rights, and not take this endeavor on without assistance.

Unfortunately, the contents of any income tax return (regardless of whether the preparer is a crook or not) is the responsibility of the taxpayer. However, you have a very strong case to get the resultant penalties abated/removed.

TRS can help prepare amended returns and then represent them in the case of an IRS audit.

Tax Resolution Services is a team of tax attorneys and tax specialists that can help you!  We even offer tax advice and answer questions – for free! -Call 1-866-IRS-PROBLEMS for a no-risk tax consultation, or visit www.taxresolution.com.

Tennessee Man Gets 3 Years Probation for Failing to File Tax Returns

Monday, July 27th, 2009

Jeremy S. Schmid, 31, of Sevierville, Tennessee, was sentenced to three years of probation and six months of home detention. He was also ordered to pay $204,723.47 in restitution to the IRS. Schmid pleaded guilty to three counts of failing to file tax returns with the IRS. According to the stipulation of facts filed with the court at the time of his plea, Schmid admitted to willfully failing to file returns for the 2002, 2003 and 2004 tax years.

Don’t wait for the judge to throw the book at you for failing to file tax returns.  You can file late, or delinquent, tax returns and Tax Resolution Services can help you!  Unsure about seeking tax help?  Read our Resolution Road Map – what to expect when resolving your tax debt – then call our team of IRS specialists and tax attorneys today!  866-IRS-PROBLEMS (866-477-7762).

Oregon Man Sentenced for Tax Evasion Charge

Saturday, July 25th, 2009

Mark Arthur Henriksen, of Monmouth, Ore., was sentenced to 12 months and a day in prison after pleading guilty to one count of income tax evasion for the 2001 tax year. Henriksen was a principal of Applied Technical Systems, a business in Lake Oswego. Henriksen evaded the assessment of his income taxes in 2001 by instructing employees of ATS to make his bonus checks payable not to him but instead to third parties.

Tax Resolution Services helps people every day find tax relief.  Read our Tax Help Testimonials on our website.  Tax evasion is not the answer!  Our tax attorneys can guide you to a tax resolution that makes sense.  See a complete list of our tax services.  We’ll find something that works for you – call us today – 1-866-IRS-PROBLEMS!

Former Strip Club Owner Sentenced for Tax Evasion

Friday, July 24th, 2009

Jon Dale Adams of Jackson, Miss., was sentenced to 18 months in prison, to be followed by one year of supervised release, for filing a false federal income tax return in 2000. Adams was also ordered to pay a $5,000 fine.

The former owner of a strip club, Adams was indicted by a federal grand jury in February 2007. According to the indictment, Adams was charged with filing false returns that failed to report substantial gross receipts from his business for calendar years 1999 and 2000. 

“The prosecution of individuals who intentionally conceal income and evade taxes is a vital element in maintaining public confidence in our tax system,” said Michael J. De Palma, Special Agent in Charge of IRS Criminal Investigation, New Orleans Field Office.

I wrote about another strip club owner – who once was an IRS Agent – who evaded taxes too!  Unbelievable!   Uncle Sam wants you -  to file your taxes and Tax Resolution Services can help!  If your taxes are overwhelming, there are tax services optionsthat may work for you such as the IRS’s Offer in Compromise program or tax payment plans, also known as the Installment Agreement.  Don’t wait!  Call us today at 1-866-IRS-PROBLEMS and our tax attorneys and tax specialists will help you solve your tax problems!

Arizona Businessman Gets 12 Months for Failure to File Income Taxes

Tuesday, July 14th, 2009

An Arizona businessman has been sentenced to 12 months in federal prison for failure to file a federal income tax return.

Mario Alexander Pino, 38, a self-employed consultant in Scottsdale, was indicted by a federal grand jury in August 2008 and entered a guilty plea in March 2009 to the crime of willful failure to file his 2003 tax return. Pino was also ordered to serve one year of supervised release upon leaving prison.

Pino admitted that a reasonable estimate of his 2003 income was $602,933 and that his federal income tax liability on that income was approximately $192,244. In addition, Pino admitted as part of his guilty plea that he purposefully did not file his 2003 return by April 15, 2004, and that he knew that he had an obligation to do so. Despite not filing his return, Pino said that he used an unfiled 2003 return as supporting proof of his income in making applications for automobile and mortgage loans in 2004 and 2005.

Tax cheats beware!  The government is watching you.  Tax problems are common and Tax Resolution Services can help you find tax relief.  We are staffed with tax attorneys and IRS specialists to help you solve your tax problems.  Call us at 1-866-IRS-PROBLEMS (1-866-477-7762) for a free tax consultation.  We can help you and your tax problems.

Avoid IRS Penalties and Tax Problems Associated with Aiding or Assisting in Filing False Tax Returns

Tuesday, July 14th, 2009

The IRS considers the assistance of filing false tax returns a severely criminal and punishable act. The IRS is able to utilize charts and summary data of national tax return statistics to determine the “normalcy” of a tax return. If your tax return is substantially higher than the national average, you will be a likely suspect for the IRS to investigate. If found guilty, you will be penalized by the IRS for filing fraudulent tax returns-whether it’s your own tax return or someone else’s that you’ve assisted with.

CCH (http://tax.cchgroup.com/) reports:

Sentence Imposed for Aiding and Assisting in Preparation of False Returns Reasonable

A sentence imposed on an individual convicted of aiding and assisting in the filing of false tax returns was reasonable. The sentence was within the sentencing guideline range, the trial court adequately considered the sentencing factors and it sufficiently explained the sentence to permit meaningful appellate review.

The admission of testimonial hearsay evidence, which relied on charts and summarizing data of national tax return statistics, did not constitute an abuse of discretion or violate the individual’s due process rights. The charts were required to be prepared by public law and were relevant because they showed that both the average charitable contribution of the tax returns prepared by the individual and the percentage of such returns that resulted in refunds was much higher than the national average. Finally, the individual’s personal tax returns were admissible under the public records exception to the hearsay rule.

If you find yourself in trouble with the IRS due to filing false tax returns, you can still get tax representation to help. It is extremely important to not incriminate yourself deeper by trying to resolve the situation without knowing all the rules and your rights. You can reach out to someone who has experience and expertise in dealing with IRS tax troubles to prove your innocence or abate your penalties.

You may get help from our specialized staff of tax attorneys, CPAs, EAs and tax professionals at TRS. Visit Tax Resolution Services for a free income tax relief consultation or call us at 866-IRS-PROBLEMS (1-866-477-7762).

22-Year Sentence for Stolen Payroll Tax Funds, Tax Evasion and Other Charges

Tuesday, July 7th, 2009

A Florida businessman was sentenced 22 years and six months in federal prison for, among other charges, for conspiring to commit wire fraud, obstructing an agency proceeding and impeding the IRS, and failing to remit payroll taxes.

Frank L. Amodeo, 48, of Orlando, pleaded guilty and was also ordered to forfeit more than $1 million seized from various accounts, three homes, several luxury automobiles, commercial real estate, a Lear Jet and his corporations. The court imposed a money judgment of approximately $181 million, which is amount of the stolen payroll tax funds.

According to court documents, Amodeo, and his co-conspirators controlled several companies. They conspired to absolve themselves and the companies they controlled of the responsibility for existing payroll tax liabilities and to divert payroll tax funds paid by clients to the companies that Amodeo and his co-conspirators controlled.

Wouldn’t you rather be my Tax Client of the Monthand not Mr. Amodeo facing 22+ years in federal prison?  Tax evasion does not work!  Tax Resolution Services offers a free tax consultation from one of our Tax Relief Consultantssimply fill out the online form!  Tax Resolution Services can help you get your tax life in order!