NYC Tax Advocates

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Specializing in IRS and NYS Tax Representation. Workers Compensation Audits, Payroll, Sales and Income Tax representation for Businesses, Individuals, Restaurants and Construction Companies. Civil and Criminal Workers Comp Audit representation includes: NYSIF Examinations, Premium Disputes, Employee Misclassification, Underreporting, Unreported Income, and Failure to Keep Accurate Payroll Records.

Wednesday, February 14, 2018

This Day in History: Pro Bono Attorney Prevails (Tax Crimes, Restitution & Repayment) SELIG Saves the Day



UPDATE: Last week, we reported on a confounding case that could have tested the patience of Job. Thankfully, commonsense prevailed and justice was [eventually] served. In the instant matter, the State erroneously assessed a tax liability on an Attorney’s Escrow Account. Unfortunately, the Tax Agent assigned to this debacle didn’t know (and didn’t want to know) what an escrow account is. Rather, he insisted that the taxpayer was obligated to pay taxes on every dime deposited. Moreover, they were going to suspend our client’s drivers’ license if he didn’t start paying. Finally out of desperation we contacted the Taxpayers Advocates Office and after presenting all of the material facts and circumstances, which included supporting documentation and affidavits, the Advocates Office interceded on our behalf and this morning at 11:37am the [erroneous debt] was discharged in plenary.


Tax Crime? Tidbit of the Day

Like it or not, criminal restitution and civil tax liability are separate and distinct. And to the paying-party, this unpleasant little distinction is a pricy proposition. If you’re in trouble with the IRS or State, you probably want to just “get on with your life” Well Sunshine, here’s a word to the wise - you’d better look before you leap. 

IRC Section 6201(a)(4)(A) expounds upon this  “distinction” viz. requiring the Secretary to collect the amount of restitution ordered pursuant to 18 U.S.C. § 3556 in the same manner "as if such amount were such tax."

The distinction between criminal restitution and tax liability frequently becomes an issue when a Tax Return Preparer is convicted of preparing false returns (in violation of 26 U.S.C. § 7206(2) and is ordered to pay restitution determined by the tax owed by his clients. Nota bene, the Tax Return Preparer will never (try as some may) become civilly liable for the taxes attributable to someone else, a/k/a the coconspirator or so-called self-proclaimed  aggrieved party .

Restitution is determined under the Mandatory Victim Restitution Act of 1996, Pub. L. No.1 04-132, § 204(a), 111 Stat. 1227 (1996) (codified as amended at 18 U.S.C. § 3663(A)), This applies to certain tax cases and directs that the amount of restitution is generally the amount of property taken from the victim (an actual loss to the government in a tax case) under 18 U.S.C. § 3663A(b)(1)(A) and (B), whereas restitution ordered pursuant to a plea agreement may be "to the extent agreed to by the parties in a plea agreement" for any amount greater or less than the loss attributable to the criminal offense. 18 U.S.C. § 3663(a)(3).

Definition of a 'Tax Cheat'
An individual (or group) who, through fraud, dishonesty or avoidance, does not pay the amount of tax that would be obligated if tax rules were properly followed. A tax cheat may improperly use tax shelters or purposefully miscategorize earnings and expenses under the pretense that the government will not miss the lost revenue because of the obligation's size relative to all taxes collected. Those found to be cheating on their taxes may be subject to fines, penalties or imprisonment.




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Selig & Associates is a boutique Tax Representation and Risk Management Firm specializing in unpaid tax obligations and commercial insurance coverage

  Tax Advocacy      Federal Tax Practitioner, CPCU and Attorney. Practicing before the Internal Revenue Service and New York State Departmen...