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.

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.

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 beforefiling 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.

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.

IRS Blasted for Seizing Assets of People who Deposit Cash Under $10,000

On February 11 Congress blasted the IRS Commissioner John Koskinen on the Service’s use of civil-asset forfeiture laws, demanding to know why innocent small business owners are being target when they have committed no crime. 

This issue is two fold: 1) whether IRS collection officers are under pressure to fill quotas on assets seizures, which is prohibited by law to reward these people based on the amount they have collected; and 2) the IRS practice of seizing the bank accounts of people suspected of "structuring," that is, of making cash deposits worth less than $10,000 to avoid reporting requirements, when in fact small business owners may make several deposits under $10,000 for a variety of reasons and none of them are illegal.

 

I can say with personal experience this is a real problem.  In fact, I was involved in case where the IRS/DOJ seized the funds of a small business owner from his bank account and prosecuted him for "structuring" when in fact that person paid all the taxes on the deposits associated with those funds.  He operated a cash business and the bank told him not to make deposits over $10,000 because that was "bad".   He made sure his deposits where under $10,000, but reports all the income from the deposits and paid all the taxes.  In this case, there was zero harm to the government because there was no tax loss.   Regardless, the IRS seized all his funds and prosecuted him for structuring in federal district court.

 

I am glad to know Congress is looking into these practices by the IRS/DOJ of seizing funds just because the person makes deposits under $10,000.  The person needs to intend to violate the Bank Secrecy Act.   I also believe their should be some harm to government, such as underreporting of taxes or other illegal activity, although this is not a requirement of "structuring."

 

You can contact Joe Wilson at the Wilson Tax Law Group if you have questions about structuring.   Our office phone number is 714-463-4430.

 

 

IRS Blasted for Seizing Assets of People who Deposit Cash Under $10,000

On February 11 Congress blasted the IRS Commissioner John Koskinen on the Service’s use of civil-asset forfeiture laws, demanding to know why innocent small business owners are being target when they have committed no crime. 

This issue is two fold: 1) whether IRS collection officers are under pressure to fill quotas on assets seizures, which is prohibited by law to reward these people based on the amount they have collected; and 2) the IRS practice of seizing the bank accounts of people suspected of "structuring," that is, of making cash deposits worth less than $10,000 to avoid reporting requirements, when in fact small business owners may make several deposits under $10,000 for a variety of reasons and none of them are illegal.

 

I can say with personal experience this is a real problem.  In fact, I was involved in case where the IRS/DOJ seized the funds of a small business owner from his bank account and prosecuted him for "structuring" when in fact that person paid all the taxes on the deposits associated with those funds.  He operated a cash business and the bank told him not to make deposits over $10,000 because that was "bad".   He made sure his deposits where under $10,000, but reports all the income from the deposits and paid all the taxes.  In this case, there was zero harm to the government because there was no tax loss.   Regardless, the IRS seized all his funds and prosecuted him for structuring in federal district court.

 

I am glad to know Congress is looking into these practices by the IRS/DOJ of seizing funds just because the person makes deposits under $10,000.  The person needs to intend to violate the Bank Secrecy Act.   I also believe their should be some harm to government, such as underreporting of taxes or other illegal activity, although this is not a requirement of "structuring."

 

You can contact Joe Wilson at the Wilson Tax Law Group if you have questions about structuring.   Our office phone number is 714-463-4430.

 

 

2015 Dirty Dozen Tax Scams

Each year the IRS posts the worst tax scams across America.   The IRS works with the Department of Justice and its criminal division to shut down these tax scams, but it’s a never ending saga and scammers steal billions of dollars each year of public funds.  Let’s take a look at this year's dirty dozen tax scam list:

 

1. Aggressive and threatening phone calls by criminals impersonating IRS agents. I have had numerous clients call me who received these phone calls.  Hang up on these people and let them know you are sending their information to the FBI.

 

2. Fake emails or websites looking to steal personal information (phishing).  If you get an email from what appears to be the IRS delete it and do not open it.  Call a tax attorney or the IRS for assistance to determine if you have a real tax issue.

 

3. Identity theft continues to be a problem especially around tax time. File your tax return early, the IRS typically accepts the first return filed.  So if you file your return before the scammer, it will be much easier to resolve.  

 

4. Return preparers who prepare bogus returns for clients to claim deductions and credits that they are not entitled to claim.

 

5. Offshore tax evasion and the financial organizations that advice people they no longer need to pay taxes if they move their money offshore.  Contact a tax attorney if you have undisclosed assets offshore and need assistance to resolve this.

 

6. Stating refund amounts before looking at documents, asking individuals to sign blank returns and fees based on a percentage of the refund are signs of a bad tax preparer.

 

7. Fake charitable organizations with names that are similar to familiar or nationally known to attract donations from unsuspecting contributors.

 

8. Hiding income by filing false Form 1099s or other fake documents.  This is a criminal act and the IRS will attempt to put you in jail.  

 

9. Using abusive tax structures to avoid paying taxes. When in doubt, clients should seek an independent opinion from a qualified tax attorney regarding complex products they are offered.

 

10. Inventing income to claim tax credits. Clients are best served by filing the most-accurate return possible because they are legally responsible for what is on their return.

 

11. Erroneously claiming the fuel tax credit. This credit is not available to most taxpayers. But yet each year a sizable group of clients erroneously claim the credit to inflate their refunds.

 

12. Using frivolous tax arguments to avoid paying taxes.

If you need assistance concerning a tax matter, do not hesitate to contact a tax lawyer in Orange County.   Tax scams 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 audits, appeals, and criminal prosecutions and IRS matters. You can reach the Wilson Tax Law Group at 714-463-4430.