Archive for the 'collection defense' Category

Tax Scheme by Restaurant Manager Gets Him Prison Time and Hefty Fine

Tuesday, July 12th, 2011


At Tax Resolution Services, we all agree that tax evasion is never a good idea.  People who pull tax scams, such as filing false tax returns, may feel like they are lining their pockets with money at the moment, but the money does no good once they are in prison.  Tax cheats usually end up in prison and with a hefty fine to boot, as in the example below.

The manager of a Warrensburg, Mo., restaurant has pleaded guilty to a role in a conspiracy to file false tax returns.

Javier Posada, 43, of Warrensburg, a naturalized U.S. citizen from Mexico, admitted that he participated in a conspiracy to under report income received at several El Vaquero restaurants in Missouri from June 2002 to August 2008.

Conspirators removed cash from the register or directed others to remove cash from the register, and the restaurants failed to report the receipt of that cash for tax purposes. They also created fraudulent sales ledgers and destroyed guest tickets.

Under the terms of the plea agreement, Posada must pay $382,296 in restitution to the IRS. He also faces up to five years in prison.

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Tax Relief Attorney: specialist in tax relief resolution

Tuesday, July 12th, 2011

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Just in case debt ceiling deal fails, U.S. Rep. suggests spending priorities

Tuesday, July 12th, 2011

It never hurts to be prepared. That's the thinking of freshman Rep. Daniel Webster.

Uncle sam hat with money2 The Florida Republican has introduced the Prioritize Spending Act of 2011 (H.R. 2402) to, he says, "ensure America's priorities are preserved in the event that the debt ceiling is reached."

"It is important that while we fight for true spending transformations," said Webster in announcing the bill, "we also prepare to prevent any default by protecting our priorities."

So just what does Webster think should be paid with the actual dollars Uncle Sam will have on hand if there's no debt ceiling deal?

First, the U.S. should prevent default by making the country's debt payments.

Then we should continue to pay military salaries and benefits in "such amounts as the President certifies to the Congress are necessary to carry out vital national security priorities."

Finally, Webster would spend what we have left on providing Social Security and Medicare benefits.

Some cash left over: Actually, says Webster, after meeting these suggested obligations, the Treasury should have around $30 billion left over each month.

The decision on what else would be paid, he said, would remain with the executive branch.

Webster emphasizes that his proposal is purely a stopgap spending plan if worse comes to worst in a few weeks.

"This bill is intended to be a short-term measure to require the Treasury to pay the specified accounts until a debt reduction plan can be initiated," he said in a fact sheet released in connection with the bill's introduction.

Picking priorities: So how did he come up with the spending priorities?

"The purpose in prioritizing public debt repayment is to keep the United States from entering a period of default on its existing loans," said Webster.

As for the military and senior citizens, Webster said "it is irresponsible to allow a situation to develop where our military and seniors, two groups of citizens that rely on Washington to fulfill its promises, may be forced to go without the programs that provide for their basic needs."

The bill is pending in the Ways and Means Committee. Cosponsors, all Republicans, are Rep Richard Nugent, Bill Posey and Dennis Ross, all of Florida; Michael Turner of Ohio; and Joe Wilson of South Carolina.

Do you agree with the Representatives' choices on spending our potentially limited federal funds? What do you want from government? What would you pay for, first and last?

History of the debt ceiling: While we are all waiting for resolution of the current U.S. fiscal situation, it's perversely reassuring to realize that this isn't anything new.

Glenn Kessler, The Fact Checker for the Washington Post, explains the debt ceiling debate, providing some perspective, history and evaluation of recent rantings about what's happening or not happening.

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Do you have the highest property taxes in the United States?

Tuesday, July 12th, 2011

If you own a home, you pay property taxes.

And if you're like a lot of other homeowners, the statement you got from your local tax assessor-collector revealed that your taxes headed up while your house's value slipped.

In those situations, you should look into contesting your property valuation and the tax bill upon which it was based.

It's also a good bet that most such appeals are by homeowners in places that have relatively high property taxes. That would put a large number of them in New Jersey.

The median property tax in the Garden State in 2009 was $6,579.

That's the largest median property tax amount amount in the country, according to data compiled by Credit Sesame. And it's this week's By the Numbers figure.

Median nj property taxes 6579

How does that figure compare to the lowest property tax state? The New Jersey median property tax amount, according to the lending data website, was 27 times more than what Louisiana property owners paid.

Here are few more N.J. numbers:

  • The $6,579 in taxes represented 1.89 percent of a home's value.
  • The tax amount was 7.45 percent of the property owner's income.

Now to the big question: Just how do your property taxes compare?

You can find out at Credit Sesame's interactive map:

Property tax comparison map_Credit-Sesame-small Click on the map (or here) to check your state's property tax stats.

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Tax implications of Derek Jeter’s historic 3,000th MLB hit

Monday, July 11th, 2011

I was watching the New York Yankees-Tampa Bay Rays game yesterday when Derek Jeter sent his 3,000th major league hit into the left field grandstands.

I fully expected today to be writing about the tax consequences that the fan who came up with the baseball might face. And we’ll get to that in a minute.

But first, the truly amazing thing about yesterday’s piece of baseball history: There is a decent Yankees fan out there.

Christian Lopez, who was celebrating his 23rd birthday at new Yankees Stadium Saturday afternoon, gave the historic baseball to Jeter.

New York Yankees Derek Jeter stands next to Christian Lopez, the man who caught hit number 3000, at a press conference after the game against the Tampa Bay Rays at Yankee Stadium in New York City on July 9, 2011. Jeter hits career hit number 3000 with a solo home run in the third inning. UPI/John Angelillo

That’s right. Lopez handed it over to the Yankees’ captain. Lopez didn’t think about keeping the ball and possibly auctioning it off to the highest bidder. He didn’t negotiate with Jeter about a possible payment for the ball.

It wasn’t about the money — it’s about a milestone,” Lopez said to reporters. “I mean, Mr. Jeter deserved it. I’m not going to take it away from him. Money’s cool and all, but I’m only 23 years old and I have a lot of time to make that. It’s his accomplishment.”

Lopez is more than a Yankees fan. He’s a true baseball fan. And despite his questionable team allegiance, I salute him.

The good news for Lopez, aside from retrieving Jeter’s hit and seeing his team win, is that he didn’t leave empty-handed.

The Yankees gave Lopez four Champions Suite season tickets for the team’s remaining home games, including playoff appearances. He also got front-row seats for today’s game, as well as three bats, three balls and two number 2 jerseys, all signed by Jeter.

The bad news is that Lopez should shell out some bucks to talk with a tax specialist about the possible tax implications of the goodies he got from the Yankees.

Is the value of the expensive Yankees Stadium seating taxable the way prize winnings typically are? In a somewhat similar situation several years ago, MLB players and coaches (and other professional athletes) were hit with tax bills on the complimentary tickets they gave to family and friends.

What about the team paraphernalia Lopez got? Is it taxable immediately at its fair market value, or only at capital gains rates if he decides to sell any of it?

Or could the items be considered, for the recipient’s purposes, tax-free gifts? Is there a corresponding gift exemption for corporations like the current $13,000 limit available to generous individuals?

And if there are taxes due, how strict will the IRS and the notoriously aggressive Empire State tax department be in trying to get their cuts? Will they let it slide rather than face the bad PR that’s sure to ensue? Should they give Lopez a tax break here?

Tax attorneys, accountants and sports fans, what’s your take? Will Lopez’s moment in baseball history cost him at tax filing time?

Again, thanks Christian Lopez for your great display of sportsmanship. Here’s hoping you don’t end up proving that no good deed goes unpunished.

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IRS Offer in Compromise Explained by Tax Expert Michael Rozbruch

Sunday, July 10th, 2011

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Last week at my other tax blog: Housing tax break costs; Minnesota’s budget crisis

Sunday, July 10th, 2011

Everything right now is all about the deficit, including my posts last week at my other tax blog.

Bankrate Taxes Blog icon The longer Congress and the President take to agree on where to trim the budget and who should pay more taxes, the closer some sacrosanct tax benefits get to entering the mix.

Among the tax benefits generally thought to be untouchable, but which eventually might come under consideration are the many tax breaks connected to homeownership. A recent study by the Pew Charitable Trusts of the costs and benefits of housing tax subsidies. found that the top home-related tax breaks cost around $304 billion in fiscal year 2010.

That's a lot of budget balancing potential.

Meanwhile, Minnesota's budget crisis offered a preview of what could happen if Congress doesn't reach a deal on increasing the federal debt ceiling.

The political and tax policy battle lines in the North Star State are almost identical to those in our national capital. That's not comforting.

Here's hoping the folks in D.C. are paying attention.

Catch up on the details over at my Bankrate Taxes Blog.

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Who wants to tax a millionaire?

Sunday, July 10th, 2011

No, that headline question is not a spin-off of the popular television game show.

It's the question being asked as federal lawmakers struggle to come up with a fiscal agreement that will lead to another increase in the U.S. debt ceiling.

Back in March, an NBC-Wall Street Journal poll found 81 percent of those surveyed favored a surtax on millionaires to help cut the deficit. Perhaps that was part of the reason that Vermont Sen. Bernie Sanders, an Independent, introduced a bill to impose a surtax on millionaires.

Majority Leader Harry Reid (D-Nev.) took the millionaires' tax a step further, getting enough votes last week from his Senate colleagues, some Republicans included, to take it to a full floor vote on Monday.

Reid's proposal is purely symbolic, a nonbinding "sense of the Senate" resolution that says those making $1 million or more each year should "make a more meaningful contribution to the deficit-reduction effort." 

But such show appears to be all that Congress is equipped to deal with. Senate Democrats reportedly have dropped a 3 percent surtax on millionaires from the official Budget Committee proposal.

More than one way to tax a cat: While a direct tax on wealthier individuals doesn't stand a real chance on Capitol Hill, lawmakers are exploring other ways to get additional money from richer taxpayers.

Obama reiterated his intention to collect more from the country's wealthy in last week's White House Twitter Town Hall

Quotation-marks It does mean that those who are in the top 1-2 percent, who have seen their incomes go up much more quickly than anybody else, pays a little bit more in order to make sure that we can make the basic investments that grow this country — that's not an unreasonable position to take.

As for how to get that money, Obama has repeatedly championed a limit on the amount of itemized tax deductions that higher-income workers can claim.

Promoting tax Pease: This is not a new tax, although that doesn't matter to the GOP.

Before the Bush tax cuts, wealthier taxpayers had to deal with the personal exemption phaseout, or PEP, and the similar Pease phaseout, named after former Rep. Donald Pease (D-Ohio) who pushed for the law in 1990, which limited the amount of itemized deductions high-earners could claim.

PEP and Pease rules were themselves phased out completely in 2010. The extenders agreement passed at the end of last year keeps them off the books through 2012.

But Obama and many of his Democratic colleagues would like to at least bring back the Pease limits. The prez has suggested doing so in each of his fiscal budget proposals.

Essentially, this limitation reduces the tax benefit of popular deductions for mortgage inter­est, charitable gifts and state-local sales or income taxes, as well as for the lesser claimed write-offs for unreimbursed business expenses, tax preparation fees and safety deposit box expenses under the miscellaneous deduction category.

Hawaii goes first: While we all wait to see if the deduction limitation will make it into any budget or debt ceiling plan, the president's home state of Hawaii has decided its native son has the right deduction idea.

Last month, the Aloha State became the first state to cap the itemized deductions that its wealthier taxpayers can claim.

The new law is in effect for the 2011 through 2015 tax years and limits single taxpayers with adjusted gross income of more than $100,000 to $25,000 in deductions and couples with AGI exceeding $200,000 to deductions of $50,000.

While the move should boost Hawaii's bottom line, it will cost its wealthier taxpayers not only money, but tax prep time. Janet Novack of Forbes notes:

Quotation-marks Moreover, the new law requires these folks to figure their tax bills another way, applying a federal partial phaseout of itemized deductions for the better off (U.S. Tax Code Section 68) that has itself been at least temporarily phased out by the George W. Bush tax cuts.  High income Hawaii residents must then use whichever restriction produces the higher tax bill.

Federal effect on state finances: If Congress does reinstate the limit on deductions for wealthier taxpayers, it could affect a lot of state finances.

Many states piggy-back their definitions of taxable income on the federal tax code, so a cap on deductions would increase the state income tax base for them, writes Girard Miller, the Public Money columnist for GOVERNING magazine and a senior strategist at the PFM Group. That would actually produce more state income tax revenue than an increase in federal tax rates.

Also, says Miller, the way Congress caps itemized deductions could impact state and local tax policies and local politics:

Quotation-marks To see how this works, let's suppose that Congress decided next year to put a cap on itemized deductions of all kinds, maybe at the level of $100,000. Affluent taxpayers in some states often deduct this much for their state income taxes, local property taxes and mortgage interest. If federal tax policy limits their deductions to a fixed number or a percentage of income, then states with high income tax rates and local governments with high property tax rates would face increased voter resistance from high-income taxpayers who could no longer deduct some of these taxes on their federal returns. The net tax cost of "excessive" state and local taxes would then increase by 35 percent for those taxpayers.

So while you, I and rich folks across the country are watching with great interest what Washington, D.C., will do about the deficit, so too are state tax departments and the legislators who write the laws they enforce.

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Florida’s SunRail gets green light

Sunday, July 10th, 2011

Sixty-one miles of new train track in Central Florida are a go.

Follow-up friday icon The Congressman's pet project transportation boondoggle SunRail commuter line got the OK from Florida officials.

If all goes according to plan, the $1.28 billion project will link Volusia County with downtown Orlando in 2014.

Republican Rep. John Mica, who has been fighting for years to get the project funded, was elated with this Follow-up Friday news. "This is as significant for the state as when Henry Flagler brought the railroad to Florida and when President Eisenhower initiated the interstate (system)," he said.

But there's already concern that the new train line could be derailed.

Federal funding for SunRail may already be in jeopardy, according to The Miami Herald's Naked Politics blog. The House has suggested eliminating the New Starts program, the transit initiative providing SunRail funding.

And even if the funding mechanism survives the federal budget knife, Florida has to meet an operational deadline. If SunRail isn't running by May 1, 2014, the project will be considered in breach of the contract that supplied the money.

Looks like Mr. Mica still needs to do some arm twisting convincing on Capitol Hill.

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Hail and Farewell, Atlantis!

Saturday, July 9th, 2011

I'm late starting work today because I took the morning off to watch the last space shuttle launch. The weather cooperated and after a brief hold at the 31-second mark, Atlantis lifted off from Kennedy Space Center.

Space Shuttle awaiting launch Spring 2005 We lived in Florida for six years and visited the Cape Canaveral area and the Space Center many times. That photo to the right is our last visit in the Spring of 2005 before we headed back to Texas. The bit of orange you see in the he launch framework is the external propellant tank awaiting the Shuttle Discovery, which took off that summer.

During our time in the Sunshine State, we never saw a launch up close. We were able, though, to view them from our Palm Beach Gardens' home, just down the Atlantic Coast. The night launches in particular were spectacular.

Today's last shuttle launch makes me a little sad. The space program and I essentially grew up together. I remember John F. Kennedy's challenge to land on the moon and have followed NASA's triumphs and tragedies since then. My first job dream was to be an astronaut (until I realized how much math I'd need to learn!) and I once spent the better part of a summer putting together a detailed Apollo module model.

My extended family's 1968 holiday gathering included crowding around my grandparents' television to watch the Christmas Eve broadcast from the Apollo 8 crew.

And my parents made sure my brother and I saw Neil Armstrong historic first step onto the moon.

Later I was honored to work alongside Mike Collins, a member of that first moon mission.

Heck, one of the advantages of living in Greenbelt, Md., in suburban Washington, D.C., was that it was home to the Goddard Space Flight Center. It was great fun having space geeks as neighbors.

Sadly, science and what space exploration contributes to all of us earthbound humans have today fallen out of favor, especially in these budget cutting times.

Folks in ostensible charge promise that although this is the last shuttle mission, America's manned space flight won't end. But it definitely will be different.

We are no longer in control of getting our explorers to the International Space Station and beyond. Instead, that task is going to commercial spaceflight companies,

NASA has long partnered with private industry. It's a smart way to get things done and take advantage of nongovernmental talent. But giving business total control saddens me, too.

Space as primarily a profit center — and don't kid yourself, that's what commercial means — doesn't mesh with the wonder, awe, sometimes sadness but ultimately overwhelming pride I felt as a kid and still feel today when I watch a U.S. spacecraft take off and its crew members perform their jobs that I help pay for before they safely return home.

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