Showing posts with label orange county tax attorney. Show all posts
Showing posts with label orange county tax attorney. Show all posts

Thursday, May 7, 2015

IRS Commits Tax Evasion with Immunity

On May 6th the Treasury Inspector General for Tax Administration  ("TIGTA" or internal government watchdog over the IRS) issued a scathing report that found, from 2003 through 2013, 1,580 IRS employees committed willful tax violations.   These cases included willful overstatement of expenses, claiming the First-Time Homebuyer Tax Credit without buying a home, and repeated failure to timely file required Federal tax returns.  

It should be noted that a willful act is the voluntary intentional violation of a known legal duty (timely filing of a tax return or accurate reporting of a tax obligation).   A willful violation of tax law is a criminal act.  This means jail time to the average person, but not IRS employees according to the TIGTA report.   


Current law requires that the IRS terminate employees who are found to have willfully violated tax law.  However, the law also gives the IRS Commissioner the sole authority to mitigate cases to a lesser penalty.  The TIGTA report disclosed that the IRS Commissioner exercised his sole authority on numerous occasions to mitigate termination of IRS employees who committed tax evasion.  


Although the IRS concluded their own employees committed criminal tax acts, 61 percent of these criminal tax evaders continue to work for the IRS.   In fact, some employees received promotions and awards within one year after their willful tax noncompliance cases were closed. The report does not disclose that any of these criminals were referred for prosecution.  The IRS Commissioner made sure these employees, some whom had significant and sometimes repeated tax noncompliance issues, and a history of other conduct issues, kept their positions and remained out of the media spotlight.   


As a reformed federal prosecutor and current tax defense attorney, I personally find it alarming that the IRS can prosecute every day citizens for the same exact acts it allows its own employees to commit with carte blanche immunity.  This leaves a curiously strong bad taste.  


If you need assistance concerning taxes or an IRS investigation, do not hesitate to contact a tax lawyer in Orange County.   According to the TIGTA report only IRS employees - not everyone else - are immune to the efforts being taken by the US government.  The Orange County Tax Attorneys at Wilson Tax Law Group have experience in federal tax prosecutions and IRS and state tax matters. You can reach the Wilson Tax Law Group at 714-463-4430.


Thursday, April 2, 2015

DOJ Declines to Charge Lerner with Contempt

The Department of Justice (DOJ) has decided that it will not move forward with a criminal-contempt prosecution of Lois Lerner, the former head of the IRS’s Exempt Organizations Division. As many may recall, Lerner had refused to testify before a House Committee investigating the IRS's handling of Republican organizations applying for tax-exempt status. 
 
In a letter to House Speaker John Boehner, R-Ohio, dated March 31, the DOJ said it was not pursuing the case because Lerner had not waived her Fifth Amendment privilege by making an opening statement and because she made only general claims of innocence.
 
House Ways and Means Oversight Subcommittee Chairman Peter Roskam, R-Ill., said the decision came as no surprise and that he would continue to "investigate all the facts" and hold her accountable for any criminal wrongdoing to which she was a party. "It has long been clear that this administration has no interest in providing accountability for the innocent Americans who had their civil liberties violated by the IRS," said Roskam in a statement. "Justice’s decision not to prosecute Mrs. Lerner for her refusal to engage with Congress in no way clears her of wrongdoing."
 
People are divided on both side of the fence.  You may recall that during the investigation the IRS destroyed all of Lerner's emails so they could not be provided to the Oversight Subcommittee charged to investigate the matter.  
 
 
If you have a tax exempt organization or non profit and need legal assistance, do not hesitate to contact the Orange County Tax Law Office of the Wilson Tax Law Group at 949.397.2292.

Monday, March 16, 2015

Be Careful Claiming Your Charitable Deduction for 2014


The IRS loves to audit people who claim charitable deductions.  The reason is that there are very strict record-keeping rules when it comes to charitable deductions and most people are not aware of them so the IRS usually finds a way to disallow the deduction, which of course triggers increased taxes, penalties and interest.  Do not let this happen to you.

 Generally, to claim a charitable contribution deduction for gifts of $250 or more in cash or property to charity, donors must get a written acknowledgment from the charity.  This is usually not a big deal.  For donations of property, the acknowledgment must include, among other things, a description of the items contributed.  Typically the place you donate the property gives you a blank receipt.  So you need to fill it out and make sure you list all the items donate.  You also need to determine the value of the property contributed if it is not cash, which sometimes can cause problems if the amount determined is incorrect.

 The law also requires that taxpayers have all acknowledgments in hand before filing their tax return.   The IRS does not like it when you go back to the charity to get an acknowledgment.  That said I have done this in the past and have been able to substantiate the deduction to the IRS' satisfaction.  However, I do not recommend doing this if you can avoid it. 

 Only taxpayers who itemize their deductions can claim gifts to charity.  You should also know there are special reporting requirements that apply to vehicle donations and taxpayers wishing to claim these donations must attach any required documents to their return. For example, Form 1098-C or a similar statement, must be provided to the donor by the organization and attached to the return. Furthermore, the deduction for a car, boat or airplane donated to charity is usually limited to the gross proceeds from its sale. This rule applies if the claimed value is more than $500.

 Additionally, there are a number of bogus groups masquerading as a charitable organization to attract donations from unsuspecting contributors.  This is one of the top 12 abuses listed by the IRS for 2015.  You should take a few extra minutes to ensure your hard-earned money or property goes to legitimate and currently eligible charity. 

 Be wary of charities with names that are similar to familiar or nationally known organizations. Some phony charities use names or websites that sound or look like those of respected, legitimate organizations.  Also, don’t give out personal financial information, such as Social Security numbers or passwords to anyone who solicits a contribution from you. Scam artists may use this information to steal your identity and money. People use credit card numbers to make legitimate donations but please be very careful when you are speaking with someone who called you.

 Also, don’t give or send cash. For security and tax record purposes, contribute by check or credit card or another way that provides documentation of the gift.

 If you have questions or concerns about a charitable deduction, or would like representation that includes advising you on the tax aspects of business transactions and how they should be reported on tax return to avoid tax problems or place you in the best position on the occasion you are contacted by the IRS or the state tax authorities, please contact the Wilson Tax Law Group

 To schedule an initial consultation, please contact our Orange County tax lawyers at (949) 397-2292 or use our online contact form.

Tuesday, December 23, 2014

DOJ Allows Israeli Bank to Pay its Way Out of Jail After Stealing Billions from USA

Bank Leumi, an Israeli bank, has entered into a deferred prosecution agreement with the Justice Department after disclosing that it had aided and assisted U.S. taxpayers to prepare and present false tax returns to the IRS by hiding income and assets in offshore bank accounts in Israel and elsewhere around the world. The agreement between the Bank Leumi Group and the Department of Justice marked the first time that an Israeli bank admitted to such criminal conduct which spanned over a 10-year period and included services and products designed to keep U.S. taxpayer accounts concealed at Bank Leumi locations all over the world.
 
The Bank Leumi Group has agreed to pay the United States a total of $270 million, of which $157 million represents the penalty for taxpayer accounts held at the Leumi Private Bank in Switzerland. The penalty permits certain Swiss banks to avoid prosecution by making a full and complete disclosure of their U.S. taxpayer-held accounts and paying substantial penalties. The agreement further provided that Bank Leumi Luxembourg and Leumi Private Bank will cease to provide banking and investment services for all accounts held or beneficially owned by U.S. taxpayers.
IRS Commissioner John Koskinen commented that the agreement against Leumi Bank was another historical event in the international tax area. He added that the IRS would not tolerate the use of offshore accounts to escape taxation, and that it would continue to focus on this priority area.
 
If you need assistance concerning the tax treatment of foreign assets, do not hesitate to contact a tax lawyer in Orange County.   Not even the foreign banks are immune to the efforts being taken by the US government.  The Orange County Tax Attorneys at Wilson Tax Law Group have experience in federal tax prosecutions and IRS matters concerning foreign assets. You can reach the Wilson Tax Law Group at 714-463-4430.