California Resident Pleads Guilty to Stealing Homeless Individuals’ IDs and Using Them to Seek Fraudulent Tax Refunds

Obtained Personal Information by Falsely Representing to Unemployed People that Could Get them Government Assistance

A California resident pleaded guilty yesterday to conspiring to file false claims for tax refunds, submitting false claims for tax refunds, mail fraud and aggravated identity theft, announced Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney Brian J. Stretch for the Northern District of California.

According to documents and information provided to the court, Diep Vo aka Nancy Vo, 74, conspired with codefendant Trong Nguyen aka John Nguyen, to use the IDs of homeless and unemployed individuals in the San Jose, California area to file fraudulent claims for refunds with the Internal Revenue Service (IRS). Vo went to homeless shelters and halfway houses and falsely represented to individuals that she could get them money from a government program designed to assist people who had not worked in previous years. Vo convinced people to write down their names and social security numbers and to sign blank income tax returns. Vo and Nguyen then falsified the signed returns including bogus income and income tax withheld amounts and sought fraudulent refunds from the IRS. Vo and Nguyen directed the refund checks to private mailboxes they controlled. Nguyen previously pleaded guilty to submitting and conspiring to submit false claims for refund.

Sentencing is scheduled for Nov. 14. Vo faces a statutory maximum sentence of five years in prison on each count of conspiring to file false claims and submitting false claims for refund, 20 years in prison for each count of mail fraud and a mandatory minimum sentence of two years in prison for aggravated identity theft. Vo also faces a period of supervised release, restitution and monetary penalties. Nguyen is scheduled to be sentenced on July 25.

Acting Deputy Assistant Attorney General Goldberg and U.S. Attorney Stretch thanked special agents of IRS Criminal Investigation and the U.S. Postal Inspection Service, who conducted the investigation, and Assistant U.S. Attorney Thomas Newman and Trial Attorney Gregory Bernstein of the Tax Division, who are prosecuting the case.

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Shared on behalf of Wilson Tax Law Group, APLC. If you require assistance with a tax matter, please contact Joseph P. Wilson, Esq. at 949-397-2292.

Cali Resident Guilty Stealing Homeless IDs and Using Them to Seek Fraudulent Tax Refunds

The DOJ Tax Division issued the following:

Department of Justice

Office of Public Affairs

FOR IMMEDIATE RELEASE

Tuesday, June 27, 2017

California Resident Pleads Guilty to Stealing Homeless Individuals’ IDs and Using Them to Seek Fraudulent Tax Refunds

Obtained Personal Information by Falsely Representing to Unemployed People that Could Get them Government Assistance

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Shared on behalf of Wilson Tax Law Group, APLC. If you require assistance with a tax matter, please contact Joseph P. Wilson, Esq. at 949-397-2292.

New Legislation to Reform the California Tax Appeal System

In light of a number of problems at the California State Board of Equalization (BOE), the California General Assembly has passed legislation that, if enacted, would strip the BOE of all but its constitutionally mandated tax functions. In addition, the legislation would create a new Department of Tax and Fee Administration (DTFA) and a new Office of Tax Appeals (OTA) to assume between the two of them all the other current duties, powers, and responsibilities of the BOE. Some of the changes would be operative as early as July 1, 2017.
Operational Culture
According to legislative findings in the bill, "the board’s operational culture severely impacts its ability to report accurate and reliable information to the public, the administration, and the Legislature."The findings enumerated specific problems with the current board, including:
inappropriate intervention by board members in administrative and appeal-related activities;
numerous complaints concerning attempts by the board members and their staffs to influence audits, investigations, and collection activities by civil service employees;
exertion of undue influence by board members and their staffs that handicapped employees in their efforts to fairly apply the law;
routine interference by board members or their staffs that effectively eliminated the ability of the executive director and upper management to operate the organization; and
significant errors in the allocation of sales and use tax revenue due to the board’s failure to focus on its core responsibilities.
If signed by the Governor, the legislation would cut back the duties, powers, and responsibilities of the board to various property tax assessment and equalization functions and assessment of taxes on insurers authorized by Article XIII of the state constitution; assessment and collection of excise taxes on alcohol pursuant to Article XX of the state constituted; and the duty to adjust the rate of the motor vehicle fuel tax for the 2018-19 fiscal year (residual responsibilities).
In relation to administrative matters, members of the BOE will not be permitted to appoint, remove, discipline, or issue orders to any BOE employee. BOE members are also prohibited from interfering with or influencing the process of the BOE’s or the DTFA’s legislative analyses, or any other form of technical assistance requested by the governor or the Legislature.
Department of Tax and Fee Administration
Operative July 1, 2017, the DTFA would be the successor to the duties, powers, and responsibilities of the BOE, except for the its residual responsibilities and its ability to conduct appeals hearings. Generally, unless the context clearly requires otherwise, whenever any reference to the BOE appears in any statute, regulation, contract, or other code, with respect to the functions transferred to the DTFA, it will be deemed to refer to the DTFA.
Office of Tax Appeals
Beginning January 1, 2018, the OTA would be the successor to all of the duties, powers, and responsibilities of the BOE necessary or appropriate to conduct appeals hearings, except as those powers relate to the BOE’s residual responsibilities. For purposes of this change, “appeal” means:
various types of petitions,
an administrative protest,
a claim for refund,
an appeal from an action by the Franchise Tax Board (FTB),
an application, including an application for administrative hearing, and
any other item that may be scheduled for a hearing, including requests for relief of taxes, fees, interest, or penalties.
Also beginning January 1, 2018, the BOE would not be permitted to conduct appeals, except as they relate to its residual responsibilities.
A.B. 102, Laws 2017, as sent to enrolling June 15, 2017

Wilsontaxlaw.com

New Legislation to Reform the California Tax Appeal System

In light of a number of problems at the California State Board of Equalization (BOE), the California General Assembly has passed legislation that, if enacted, would strip the BOE of all but its constitutionally mandated tax functions. In addition, the legislation would create a new Department of Tax and Fee Administration (DTFA) and a new Office of Tax Appeals (OTA) to assume between the two of them all the other current duties, powers, and responsibilities of the BOE. Some of the changes would be operative as early as July 1, 2017.

Operational Culture

According to legislative findings in the bill, "the board’s operational culture severely impacts its ability to report accurate and reliable information to the public, the administration, and the Legislature."The findings enumerated specific problems with the current board, including:

inappropriate intervention by board members in administrative and appeal-related activities;

numerous complaints concerning attempts by the board members and their staffs to influence audits, investigations, and collection activities by civil service employees;

exertion of undue influence by board members and their staffs that handicapped employees in their efforts to fairly apply the law;

routine interference by board members or their staffs that effectively eliminated the ability of the executive director and upper management to operate the organization; and

significant errors in the allocation of sales and use tax revenue due to the board’s failure to focus on its core responsibilities.

If signed by the Governor, the legislation would cut back the duties, powers, and responsibilities of the board to various property tax assessment and equalization functions and assessment of taxes on insurers authorized by Article XIII of the state constitution; assessment and collection of excise taxes on alcohol pursuant to Article XX of the state constituted; and the duty to adjust the rate of the motor vehicle fuel tax for the 2018-19 fiscal year (residual responsibilities).

In relation to administrative matters, members of the BOE will not be permitted to appoint, remove, discipline, or issue orders to any BOE employee. BOE members are also prohibited from interfering with or influencing the process of the BOE’s or the DTFA’s legislative analyses, or any other form of technical assistance requested by the governor or the Legislature.

Department of Tax and Fee Administration

Operative July 1, 2017, the DTFA would be the successor to the duties, powers, and responsibilities of the BOE, except for the its residual responsibilities and its ability to conduct appeals hearings. Generally, unless the context clearly requires otherwise, whenever any reference to the BOE appears in any statute, regulation, contract, or other code, with respect to the functions transferred to the DTFA, it will be deemed to refer to the DTFA.

Office of Tax Appeals

Beginning January 1, 2018, the OTA would be the successor to all of the duties, powers, and responsibilities of the BOE necessary or appropriate to conduct appeals hearings, except as those powers relate to the BOE’s residual responsibilities. For purposes of this change, “appeal” means:

various types of petitions,

an administrative protest,

a claim for refund,

an appeal from an action by the Franchise Tax Board (FTB),

an application, including an application for administrative hearing, and

any other item that may be scheduled for a hearing, including requests for relief of taxes, fees, interest, or penalties.

Also beginning January 1, 2018, the BOE would not be permitted to conduct appeals, except as they relate to its residual responsibilities.

A.B. 102, Laws 2017, as sent to enrolling June 15, 2017

Wilsontaxlaw.com

The Newport Beach Tax Attorney Blog

Cali Resident Guilty Stealing Homeless IDs and Using Them to Seek Fraudulent Tax Refunds

California Resident Pleads Guilty to Stealing Homeless Individuals’ IDs and Using Them to Seek Fraudulent Tax Refunds

Obtained Personal Information by Falsely Representing to Unemployed People that Could Get them Government Assistance

Cali Resident Guilty Stealing Homeless IDs and Using Them to Seek Fraudulent Tax Refunds

California Resident Pleads Guilty to Stealing Homeless Individuals’ IDs and Using Them to Seek Fraudulent Tax Refunds

Obtained Personal Information by Falsely Representing to Unemployed People that Could Get them Government Assistance

New Legislation to Reform the California Tax Appeal System

New Legislation to Reform the California Tax Appeal System

Orange County Bar Association: "Wilson Tax Law Group Named Top Boutique Law Firm"

Orange County Bar Association: "Wilson Tax Law Group Named Top Boutique Law Firm"

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