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.
Showing posts with label #Tax Evasion. Show all posts
Showing posts with label #Tax Evasion. Show all posts

Tuesday, September 10, 2019

Man Sentenced for Filing False Tax Returns and Impeding the Internal Revenue Laws


A former high-flyer was sentenced to 72 months in prison following his conviction on filing false tax returns and corruptly endeavoring to impede the due administration of the internal revenue laws. If you’re in trouble with the IRS or State call (212) 974-3435 today. 

Selig & Associates
We take a practical approach to problem solving and strive to obtain the best possible outcome for our clients


We successfully solve IRS and New York State Tax problems, including suspended Drivers Licenses and Passports. Specializing in large dollar Payroll, Sales and Income Tax Representation for Individuals, Professional Practices and Businesses. 

We negotiate excellent Payment Plans, Audits, Offers in Compromise, Payroll & Trust Fund Recovery Penalties, and most other tax issues. Do you have Unfiled Tax Returns? We can have them prepared and filed for you within 48 hours, guaranteed. Same day and emergency appointments are available Monday through Friday in our New York City office. `

To schedule a Free and Legally Privileged Consultation with a Federal Tax Practitioner and Attorney contact us Online

Wednesday, August 28, 2019

Another Man Sentenced for Tax Evasion –


A shifty-eyed character with slicked back hair and a crooked grin was sentenced to 21 months in the slammer; ordered to pay the IRS a whopping $509,455 in restitution, and ordered to file corrected tax returns for tax years 2007 through 2011. And that isn’t all - the would be wise guy who wore designer clothing, enjoyed fine food, and frequented the hottest nightspots, evaded federal income taxes from 2007 through 2011. Falsifying expenses was his game, and as such, the bad news bear prepared and filed his own tax returns, created bogus business expenditures and deducted them from his Schedule C income. The truculent tax evader even had the temerity to provide the IRS with a false lease agreement and phony invoices.
Selig & Associates
We take a practical approach to problem solving and strive to obtain the best possible outcome for our clients


We successfully solve IRS and New York State Tax problems, including suspended Drivers Licenses and Passports. Specializing in large dollar Payroll, Sales and Income Tax Representation for Individuals, Professional Practices and Businesses. 

We negotiate excellent Payment Plans, Audits, Offers in Compromise, Payroll & Trust Fund Recovery Penalties, and most other tax issues. Do you have Unfiled Tax Returns? We can have them prepared and filed for you within 48 hours, guaranteed. Same day and emergency appointments are available Monday through Friday in our New York City office. `

To schedule a Free and Legally Privileged Consultation with a Federal Tax Practitioner and Attorney contact us Online

Thursday, August 8, 2019

Truth and Justice "The Art of Negotiating a Good Deal"


If you haven’t filed tax returns, or if you failed to provide documentation to the IRS or New York State Department of Taxation and Finance, you could be subjected to significant civil penalties and criminal prosecution. In a nutshell, failure to file tax returns creates serious financial and legal consequences. If you’ve been accused of willful failure to file a tax return, or if you suspect that you’re being investigated for failing to file tax returns, contact David Selig and Bradley Dorin, Esq. for a confidential and legally privileged consultation.

We successfully resolve most IRS and New York State Tax problems including suspended Drivers Licenses and Passports. 

Specializing in large-dollar Payroll, Sales and Income Tax Representation for Individuals, Professional Practices and Businesses. 

We negotiate excellent Payment Plans, Audits, Offers in Compromise, Payroll & Trust Fund Recovery Penalties, and most other tax issues.

Do you have Unfiled Tax Returns? We can have them prepared and filed for you within 48 hours, guaranteed.  

Schedule a Free and Legally Privileged Consultation with a Federal Tax Practitioner and Attorney by calling (212) 974-3435 or contact us online.


Tuesday, August 6, 2019

IRS sends letters to virtual currency owners "pay back taxes and file amended returns" criminal prosecution imminent – better call SELIG & Associates


The Internal Revenue Service has begun sending letters to taxpayers with virtual currency transactions that potentially failed to report income and pay the resulting tax from virtual currency transactions or did not report their transactions properly. "Taxpayers should take these letters very seriously by reviewing their tax filings and when appropriate, amend past returns and pay back taxes, interest and penalties," said IRS Commissioner Chuck Rettig. "The IRS is expanding our efforts involving virtual currency, including increased use of data analytics. We are focused on enforcing the law and helping taxpayers fully understand and meet their obligations." The IRS started sending the “educational letters” to taxpayers last week. By the end of August, more than 10,000 taxpayers will receive these letters. The names of these taxpayers were obtained through various ongoing IRS compliance efforts. For taxpayers receiving an educational letter, there are three variations: Letter 6173, Letter 6174 or Letter 6174-A, all three versions strive to help taxpayers understand their tax and filing obligations and how to correct past errors. Taxpayers are pointed to appropriate information on IRS.gov, including which forms and schedules to use and where to send them. Last year the IRS announced a Virtual Currency Compliance campaign to address tax noncompliance related to the use of virtual currency through outreach and examinations of taxpayers. The IRS will remain actively engaged in addressing non-compliance related to virtual currency transactions through a variety of efforts, ranging from taxpayer education to audits to criminal investigations. Virtual currency is an ongoing focus area for IRS Criminal Investigation. IRS Notice 2014-21 (PDF) states that virtual currency is property for federal tax purposes and provides guidance on how general federal tax principles apply to virtual currency transactions. Compliance efforts follow these general tax principles. The IRS will continue to consider and solicit taxpayer and practitioner feedback in education efforts and future guidance. The IRS anticipates issuing additional legal guidance in this area in the near future. Taxpayers who do not properly report the income tax consequences of virtual currency transactions are, when appropriate, liable for tax, penalties and interest. In some cases, taxpayers could be subject to criminal prosecution.

True Tax Help we successfully resolve all IRS and New York State tax problems including suspended Drivers Licenses and Passports. We specialize in unpaid payroll, sales and income taxes and negotiate excellent payment plans for businesses and individuals. To schedule a free consultation with a results driven Federal Tax Practitioner and Attorney call  (212) 974-3435 or contact us online.

Monday, July 29, 2019

"Brooklyn Business Owner Pleads Guilty in Employment Tax Scheme" (is this YOUR wakeup call?) Call the Effective Tax Advocates at Selig & Associates


A Brooklyn, New York, business owner pleaded guilty on July 26th 2019 in the Eastern District of New York to failing to pay over employment taxes to the Internal Revenue Service (IRS), announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division.  
CALL SELIG & ASSOCIATES
212.974.3435

We take a practical approach to problem solving and strive to obtain the best possible outcome for our clients.

Effective Tax Advocates we successfully resolve most IRS and New York State tax problems including suspended Drivers Licenses and Passports. We specialize in unpaid payroll, sales and income taxes and negotiate excellent installment agreements for businesses and individuals. To schedule a free consultation with a results driven Federal Tax Practitioner and Attorney please call us directly at (212) 974-3435.

Large Insurance Claims we settle insured property damage claims in the shortest amount of time and at the least cost to the policyholder and insurance company. Insurance litigation is costly and time consuming. Accordingly we provide policyholders and their insurance companies with a cost effective alternative to litigation. Commercial and residential insurance representation includes: Environmental Damage, Mold (removal & remediation) Fire, Business Interruption, Burglary, Vandalism, Windstorm and Water Damage.  

Trust Selig & Associates our offices are conveniently located in New York City and we meet with each and every client personally. To schedule a free legally privileged consultation with a Federal Tax Practitioner CPCU and Attorney please call us directly at (212) 974-3435.




Saturday, April 6, 2019

Tax Preparer Sentenced To 2 Years In Prison For Fraudulent Scheme To Steal Over $1 Million From His Clients



Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that TOM SHIN was sentenced to two years in prison for aiding the preparation of a false tax return and wire fraud.  SHIN pled guilty on November 29, 2018, before U.S. District Court Judge Valerie E. Caproni, who imposed today’s sentence.
U.S. Attorney Geoffrey S. Berman said:  “Instead of honestly performing the tax services he was hired to do, Tom Shin used his expert knowledge in a scheme to defraud his clients of more than $1.3 million that was intended to pay taxes owed to the federal and state governments.  Today, Shin has been held accountable for breaching his clients’ trust.”
According to the allegations in the Complaint and Indictment to which SHIN pled guilty:
SHIN was hired to prepare joint federal and state tax returns for two individuals (the “Clients”) for tax year 2017.  SHIN showed the Clients completed tax return forms indicating that the Clients owed approximately $1.3 million in taxes.  However, SHIN actually filed false returns on behalf of the Clients without their knowledge, which concealed the Clients’ tax liability.  SHIN then, in connection with applications for extensions of time to file his personal tax returns, directed tax authorities to withdraw approximately $1.3 million from the Clients’ bank account, and then filed personal tax returns seeking an approximately $1.3 million refund.  The net result of the alleged scheme would have been a transfer of approximately $1.3 million from the Clients’ bank account to SHIN.
*          *          *
In addition to the prison term, SHIN, 36, of Staten Island, New York, was sentenced to two years of supervised release.  SHIN was also ordered to forfeit $335,394. 
U.S. Attorney Berman thanked the Internal Revenue Service and the New York State Department of Taxation and Finance for their outstanding work.
This case is being handled by the Office’s General Crimes Unit.  Assistant United States Attorney Brett M. Kalikow is in charge of the prosecution.

Today's Tip 

Insurance Protection. Mass shootings in schools, churches, temples, private businesses and other public settings have become commonplace, says David Selig of Selig & Associates. Accordingly, we recommend our clients purchase “Active Shooter Insurance” and “Workplace Violence Insurance”. For more information, call us directly. 

Free Consultation 

We Solve Tax Problems. To meet with an experienced Federal Tax Practitioner and Attorney, in our conveniently located New York City office today, call (212) 974-3435 or contact us online.

Restaurants 

Specializing in Unpaid Sales Taxes, installment agreements, audit representation and all Department of Labor issues. *Ask us about Debt Restructuring, including settling judgments, renegotiating bank loans and merchant cash advances. For immediate assistance call (212) 974-3435 or contact us online. 

Contractors 

Specializing in Payroll and Withholding Taxes, installment agreements, audit representation and Workers Compensation insurance audits. To schedule a free consultation call (212) 974-3435 or contact us online. 

Businesses 

We Settle and Restructure Business Debts, including judgments and most insurance claims. To meet with us personally call (212) 974-3435 or contact us online. 

 Count On Us. Guaranteed. 
✔    Same day and emergency appointments available.
✔    We negotiate excellent re-payment plans with IRS and State.
✔    Missing tax returns prepared and filed in 48 hours, guaranteed. 
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Tuesday, March 26, 2019

Distributions of Stock and Securities of a Controlled Corporation (Understanding IRC Section 355)


26 CFR 1.355-3: Active Conduct of a Trade or Business.
Rev. Rul. 2019-09
This revenue ruling suspends Rev. Rul. 57-464, 1957-2 C.B. 244, and Rev. Rul. 57-492, 1957-2 C.B. 247, pending the completion of a study by the Department of the Treasury (Treasury Department) and the Internal Revenue Service (Service) regarding the active trade or business (ATB) requirement under sections 355(a)(1)(C) and (b) of the Internal Revenue Code. 

REVENUE RULINGS

In Rev. Rul. 57-464, the Service considered the section 355 qualification of a corporation’s separation of a manufacturing business from a group of real estate assets consisting of an old factory building used for storage and four other buildings: a duplex apartment building rented to employees of the corporation, a small office building rented to a single tenant, and two houses, one of which was occupied by a sister-in-law of the president of the corporation. The use of the old factory building for storage “was not in itself the active operation of a business as defined in the regulations.” The rental activities “produced only a nominal rental” and “negligible” net income, and the properties “were acquired either as an investment or as a convenience to employees of the manufacturing business.” The Service held that the separation did not satisfy the ATB requirement. 

In Rev. Rul. 57-492, a corporation engaged in refining, transporting, and marketing petroleum products began a separate operation to explore for and produce oil. The exploration and production operation incurred substantial expenditures but “did not include any income producing activity or any source of income” until less than five years preceding its separation from the primary refining, transportation, and marketing operation. The Service held that the exploration and production operation failed to qualify as an ATB because, “[b]efore oil was discovered in commercial quantities ..., the venture ... did not include any income producing activity or any source of income.” 

LAW

Section 355(a)(1) provides that, if certain requirements are met, a corporation may distribute stock and securities of a controlled corporation to its shareholders and security holders without recognition of gain or loss or income to the recipient shareholders or security holders. Among those requirements, both the distributing corporation and the controlled corporation must be engaged in an ATB immediately after the distribution. Sections 355(a)(1)(C) and (b), and §1.355-3(a)(1)(i). Each trade or business must have been actively conducted throughout the five-year period ending on the date of the distribution. Section 355(b)(2)(B) and §1.355-3(b)(3). 

Section 1.355-3(b)(2)(ii) describes a “trade or business” as “a specific group of activities [that] are being carried on by the corporation for the purpose of earning income or profit, and the activities included in such group include every operation that forms a part of, or a step in, the process of earning income or profit.” In particular, “[s]uch group of activities ordinarily must include the collection of income and the payment of expenses.” Section 1.355-3(b)(2)(ii). 

ANALYSIS

The Treasury Department and the Service are conducting a study to determine, for purposes of section 355, “whether a business can qualify as an ATB if entrepreneurial activities, as opposed to investment or other non-business activities, take place with the purpose of earning income in the future, but no income has yet been collected.” See IRS statement regarding the active trade or business requirement for section 355 distributions, dated September 25, 2018, available at http://www.irs.gov/newsroom/statements-from-office-of-the-chief-counsel. The ATB analysis underlying the holdings in Rev. Rul. 57-464 and Rev. Rul. 57-492 focuses, in significant part, on the lack of income generated by the activities under consideration. Consequently, these rulings could be interpreted as requiring income generation for a business to qualify as an ATB. 

Accordingly, Rev. Rul. 57-464 and Rev. Rul. 57-492 are suspended pending completion of the study. See IRM 32.2.2.8.1, para. 9 (Aug. 11, 2004) (providing that a revenue ruling can be suspended “only in rare situations to show that previously published guidance will not be applied pending some future action, such as ... the outcome of a Service study”).

EFFECT ON OTHER REVENUE RULINGS

Rev. Rul. 57-464 and Rev. Rul. 57-492 are suspended.

Free Consultation 

We Solve Tax Problems. Call (212) 974-3435 or contact us online. Meet with an experienced Federal Tax Practitioner and Attorney in our conveniently located New York City office. 

Restaurants 

We Specialize in Unpaid Sales Taxes, installment agreements, audit representation and all Department of Labor issues. *Ask us about Debt Restructuring, including settling judgments, renegotiating bank loans and merchant cash advances. For immediate assistance call (212) 974-3435 or contact us online. 

Contractors 

We Specialize in Payroll and Withholding Taxes, installment agreements, audit representation and Workers Compensation insurance audits. To schedule a free consultation call (212) 974-3435 or contact us online. 

Businesses 

We Settle and Restructure Business Debts, including judgments and most insurance claims. To meet with us personally call (212) 974-3435 or contact us online. 

 Count On Us. Guaranteed. 
✔    Same day and emergency appointments available.
✔    We negotiate excellent re-payment plans with IRS and State.
✔    Missing tax returns prepared and filed in 48 hours, guaranteed. 

Tuesday, December 18, 2018

CPA Sentenced to 8 Months in Prison



Marc Howard Berger was sentenced today to 8 months in prison for aiding and assisting in the filing of false tax returns, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division, United States Attorney Alex G. Tse, Federal Bureau of Investigation (FBI) Special Agent in Charge John F. Bennett, and Internal Revenue Service, Criminal Investigation (IRS-CI) Special Agent in Charge Tara Sullivan.
On July 18, after a three-week jury trial, Berger was found guilty of willfully assisting in the preparation of three false Forms 1040 for codefendant G. Steven Burrill for the 2011, 2012, and 2013 tax years.  Evidence at trial showed that Berger, 68, of Walnut Creek, California, was a Certified Public Accountant and partner with a regional tax preparation firm, Burr Pilger Mayer.  Berger’s client, Burrill, was the owner and CEO of Burrill & Company, Burrill Capital, and a number of related entities.  Through those entities, Burrill managed venture capital funds, including Burrill Life Sciences Capital Fund III L.P. (the Fund), a $283 million investment fund focused on the life sciences industry.  Between Dec. 2007 and Sept. 2013, Burrill transferred more than $18 million from the Fund to his management companies, a sum in excess of the management fees that were due and allowable under the agreements that governed the Fund.  Berger intentionally prepared and filed false income tax returns for Burrill that failed to report more than $18 million in income, resulting in unpaid taxes of more than $4.7 million.  With Berger’s assistance, Burrill did not pay individual income taxes for the years 2009 through 2013. 
Berger was indicted by a federal grand jury on Sept. 14, 2017.  Berger was charged with three counts of willfully aiding and assisting in the preparation of three false Forms 1040 for Burrill for 2011, 2012, and 2013.
The sentence was handed down by The Honorable Richard Seeborg, U.S. District Court Judge.  Judge Seeborg also sentenced the defendant to one year of supervised release and a $20,000 fine. The defendant will begin serving the sentence on July 8, 2019.
Burrill pleaded guilty on Dec. 7, 2017, to one count of investment-adviser fraud, in violation of 15 U.S.C. §§ 80b-6 & 80b-17, 18 U.S.C. § 2, and 17 C.F.R. § 275.206(4)-8, and one count of filing a false income tax return, in violation of 26 U.S.C. § 7206(1). He was sentenced to 30 months in prison on December 4, 2018.


Call (212) 974-3435 for a Free Legally Privileged Tax Consultation. Same day and emergency appointments. Meet personally with a Federal Tax Practitioner and Attorney in our New York City office.  

✔ Civil and criminal tax representation, including unpaid income, sales and payroll taxes. 

✔ Missing tax returns prepared and filed within 48 hours, guaranteed. 

Monday, October 29, 2018

WATCH THIS VIDEO!!!



SELIG & ASSOCIATES 
The Most Effective Tax Advocates in New York City  
We Solve Serious Tax Problems. For a Free Legally Privileged Consultation with a Federal Tax Practitioner and Licensed Attorney call (212) 974-3435 or Contact Us Online. 


Friday, October 26, 2018

Brooklyn Resident Sentenced to Prison for Defrauding the IRS and Stealing Government Funds (he should have hired SELIG & Associates)


A Brooklyn, New York, man was sentenced to 48 months in prison for conspiring to defraud the government and theft of public funds, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division.
According to documents filed with the court, Akim Martin, also known as Akim Davis, conspired with others to file fraudulent tax returns for companies and individual taxpayers.  As part of the scheme, from March 2009 through March 2013, Martin and his co-conspirators filed false tax returns in the names of businesses they purportedly owned and operated, claiming phony deductions for wages paid to employees that purportedly worked for the fake companies.  Martin negotiated fraudulently obtained federal refund checks and spent the money on his personal expenses.   Martin’s conduct resulted in a tax loss of over $550,000.
In addition to the term of imprisonment imposed, U.S. District Judge Carol Bagley Amon ordered Martin to serve 3 years of supervised release, forfeit $82,600, and to pay restitution of $544,325 to the IRS.    
Principal Deputy Assistant Attorney General Zuckerman commended special agents of IRS-Criminal Investigation, who conducted the investigation, and Trial Attorneys Jason Scheff and Ann M. Cherry of the Tax Division, who prosecuted the case.  
 

The Most Effective Tax Advocates in New York City!  We Solve Serious Tax Problems. For a Free Legally Privileged Consultation with a Federal Tax Practitioner and Licensed Attorney call (212) 974-3435 or Contact Us Online. 

We Settle Property Damage Claims for Top Dollar! Adjuster Selig and Attorney Dorin Settle Residential and Commercial Property Insurance Claims, including Business Interruption, Burglary, Fire, Windstorm and Losses Caused by Water Damage. For more information call David Selig at (212) 974-3435.

Thursday, October 25, 2018

Former IRS Special Agent Sentenced to Prison for Filing False Tax Returns, Theft of Government Money & Obstruction of Justice



A former Special Agent for the Internal Revenue Service-Criminal Investigation was sentenced to serve 51 months in prison for filing false tax returns, obstruction of justice, and stealing government money, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Alex G. Tse. 

According to the evidence introduced at trial, Alena Aleykina, 45, who is also a Certified Public Accountant and holds a master’s degree in business administration, filed six false tax returns – three personal tax returns for years 2009, 2010, and 2011, and three in the names of trusts she created for years 2010 and 2011.  On her personal tax returns, Aleykina fraudulently claimed the head of household filing status, listed false dependents, and claimed deductions for education expenses to which she was not entitled.  Aleykina also obtained a fraudulent legal separation decree from the California Superior Court for Yolo County so that she and her husband could claim rental real estate loss deductions to which they were not entitled.  Further, on a trust tax return, she falsely claimed to be paying wages to her mother and her sister to care for her son and father.
Additionally, Aleykina stole government funds and obstructed justice during the investigation.  She stole from the IRS’s Tuition Assistance Program, a program created to allow IRS employees to take job-related classes from local colleges and educational institutions. Aleykina falsely claimed to be taking English classes from a trust registered to her sister. As a result of these fake classes, Aleykina recieved $4,000 in tuition reimbursement from the Tuition Assistance Program.  When criminal investigators approached Aleykina to retrieve her government laptop, Aleykina lied to the agents about the location of the laptop and deleted dozens of files from the computer after the agents left.  The total loss to the government from Aleykina’s conduct is more than $50,000.
Aleykina was previously convicted in June after a two-week federal jury trial in the Eastern District of California of filing false tax returns, destroying records in a federal investigation, and theft of government money.
In addition to the term of prison imposed, Aleykina was also ordered to serve one year of supervised release and to pay $4,000 in restitution to the Internal Revenue Service (IRS). 
Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Tse commended special agents of the Treasury Inspector General for Tax Administration and IRS-Criminal Investigation, who conducted the investigation, and Assistant U.S. Attorney William Frentzen and Tax Division Trial Attorneys Arthur J. Ewenczyk and Charles O’Reilly, who prosecuted the case.

The Most Aggressive Tax Advocates in New York City  We Solve Serious Tax Problems. For a Free Legally Privileged Consultation with a Federal Tax Practitioner and Licensed Attorney call (212) 974-3435 or click here to Contact Us Online. 

Tuesday, October 16, 2018

Don’t be Fooled by an Out-of-State Tax Resolution Firm (SELIG & Associates. True Tax Help is a phone call away)



Selig & Associates Our tax practice is limited to representation before the Internal Revenue Service the New York State Department of Taxation and Finance and the Department of Justice Tax Division. We successfully resolve all civil and criminal tax issues including income, sales and payroll tax problems. We can prepare and file your missing tax returns in as little as 24 hours. For a free and legally privileged consultation call Selig & Associates directly at (212) 974-3435 

Selig & Associates Representation includes IRS audits, criminal examinations and appeal hearings. Release of wage garnishment and bank levy, monthly payment plans, and offers in compromise. For a free and legally privileged consultation call Selig & Associates directly (212) 974-3435 

Selig & Associates Criminal and Civil Tax Representation: Trust Fund Recovery Penalty (TFRP), Payroll Taxes, Tax Crimes, Tax Evasion, Failure to File a Tax Return, Criminal Non-Filing, False Returns, Installment Agreements, Partial Payment Agreements, Sales Tax Audits, Sales Tax Controversies, Wage Garnishments, Bank Levies, Seizure of Real Property, Innocent Spouse Relief, Statute of Limitations, Offer in Compromise, Administrative Appeals, Collection Due Process Hearings and most other tax matters. For a free and legally privileged consultation call Selig & Associates  directly (212) 974-3435 

Tuesday, September 25, 2018

Attorney Charged in Offshore Tax Evasion Scheme – Selig & Associates, Aggressive Tax Representation

SELIG & Associates We solve Income, Payroll and Sales Tax Problems. For a FREE legally privileged consultation with a Federal Tax Practitioner and licensed Attorney call (212) 974-3435 

Attorney [Allegedly] Conspired to Repatriate More Than $18 Million in Untaxed Money Held in Foreign Bank Accounts! A federal grand jury returned an indictment charging an attorney with one count of conspiracy to defraud the United States and three counts of tax evasion, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Department of Justice’s Tax Division and U.S. Attorney Ryan K. Patrick for the Southern District. According to the indictment, Jack Stephen Pursley, also known as Steve Pursley, conspired with another individual to repatriate more than $18 million in untaxed earnings from the co-conspirator’s business bank account located in the Isle of Man.  Knowing that his co-conspirator had never paid taxes on these funds, Pursley allegedly designed and implemented a scheme whereby the untaxed funds were made to appear to be stock purchases in United States corporations owned and controlled by Pursley and his co-conspirator.

The indictment alleges that Pursley received more than $4.8 million and an ownership interest in the co-conspirator’s ongoing business for his role in the fraudulent scheme.  The indictment further alleges that for tax years 2009 and 2010 Pursley evaded the assessment of and failed to pay the incomes taxes due on this money by, amongst other means, withdrawing the funds as purported non-taxable loans or returns of capital.  Pursley allegedly used the money he received to purchase personal assets, including a vacation home in Vail, Colorado and property in Houston. 

If convicted, Pursley faces a statutory maximum sentence of five years in prison for the conspiracy count, and five years in prison for each count of tax evasion.  He also faces a period of supervised release, monetary penalties, and restitution. An indictment merely alleges that a crime has been committed. A defendant is presumed innocent until proven guilty beyond a reasonable doubt.

Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Patrick commended special agents of IRS-Criminal Investigation, who investigated the case, and Senior Litigation Counsel Nanette Davis, Trial Attorney Grace Albinson, and Trial Attorney Sean Beaty of the Tax Division, who are prosecuting this case.

#TaxCrimes, #TaxEvasion, #FailureToFileTaxReturn, #CriminalNonFiling, #FilingFalseTaxReturns, #InstallmentAgreements,  #PartialPaymentAgreements, #IRSaudits, #SalesTaxAudits, #SalesTaxControversies, #WageGarnishments, #BankLevies, #RealPropertySeizure, #InnocentSpouseRelief, #TrustFundRecoveryPenalty, #PayrollTaxes, #WorkersCompensationInsuranceAudits, #WorkersCompAudit, #StatuteOfLimitations, #OfferInCompromise, #OIC, #AdministrativeAppeals, #CollectionDueProcessHearings, #CDP, #BestTaxAttorneyInNYC, #We Solve Tax Problems, #Successful Tax Attorney, #Honest Accountant, #Proven Results, #Professional Guarantee. #WeSolveTaxProblems, #SuccessfulTaxAttorney,

Is Your Insurance Company Taking Advantage of You? Adjuster Selig and Attorney Dorin settle residential and commercial property insurance claims, including business interruption, burglary, fire, windstorm and losses caused by water damage. For more information call David Selig at (212) 974-3435.



Friday, September 7, 2018

Is Paying Federal Taxes (really) Voluntary? Answers from SELIG & Associates



Some argue that they are not required to pay federal taxes because the payment of federal taxes is voluntary. Proponents of this position argue that our system of taxation is based upon voluntary assessment and payment. They frequently claim that there is no provision in the Internal Revenue Code or any other federal statute that requires them to pay or makes them liable for income taxes, and they demand that the IRS show them the law that imposes tax on their income. They argue that, until the IRS can prove to these taxpayers’ satisfaction the existence and applicability of the income tax laws, they will not report or pay income taxes. These individuals or groups reflexively dismiss any attempt by the IRS to identify the laws, thereby continuing the cycle. The IRS discussed this frivolous position at length and warned taxpayers of the consequences of asserting it in Rev. Rul. 2007-20, 2007-1 C.B. 863 and in Notice 2010-33, 2010-17 I.R.B. 609.
The Law: The requirement to pay taxes is not voluntary. Section 1 of the Internal Revenue Code clearly imposes a tax on the taxable income of individuals, estates, and trusts, as determined by the tables set forth in that section. (Section 11 imposes a tax on corporations’ taxable income.)
Furthermore, the obligation to pay tax is described in section 6151, which requires taxpayers to submit payment with their tax returns. Failure to pay taxes could subject the non-complying individual to criminal penalties, including fines and imprisonment, as well as civil penalties.
In United States v. Drefke, 707 F.2d 978, 981 (8th Cir. 1983), the Eighth Circuit Court of Appeals stated, in discussing section 6151, that “when a tax return is required to be filed, the person so required ‘shall’ pay such taxes to the internal revenue officer with whom the return is filed at the fixed time and place. The sections of the Internal Revenue Code imposed a duty on Drefke to file tax returns and pay the appropriate rate of income tax, a duty which he chose to ignore.”
Although courts, in rare instances, have waived civil penalties because they have found that a taxpayer relied on an IRS misstatement or wrongful misleading silence with respect to a factual matter, there have been no cases in which the IRS’s lack of response to a taxpayer’s inquiry has relieved the taxpayer of the duty to pay tax due under the law. Such an estoppel argument does not, however, apply to a legal matter such as whether there is legal authority to collect taxes. See, e.g., McKay v. Commissioner, 102 T.C. 465 (1994).
Relevant Case Law:
United States v. Schiff, 379 F.3d 621 (9th Cir. 2004); see also http://www.usdoj.gov/tax/txdv04551.htm. – the court affirmed a federal district court’s preliminary injunction barring Irwin Schiff, Cynthia Neun, and Lawrence N. Cohen from selling a tax scheme that fraudulently claimed that payment of federal income tax is voluntary. In subsequent criminal trials, these three were convicted of violating several criminal laws relating to their scheme. See 2005 TNT 206-18. Schiff received a sentence of more than 12 years in prison and was ordered to pay more than $4.2 million in restitution to the IRS; Neun received a sentence of nearly 6 years and was ordered to pay $1.1 million in restitution to the IRS; and Cohen received a sentence of nearly 3 years and was ordered to pay $480,000 in restitution to the IRS. See http://www.usdoj.gov/opa/pr/2006/February/06_tax_098.html.
Keenan v. Commissioner, 233 F. App’x 719, 720 (9th Cir. 2007) – the 9th Circuit stated that “assertions that the tax system is voluntary” are frivolous.
Banat v. Commissioner, 80 F. App’x 705 (2d Cir. 2003) – The 2nd Circuit upheld $2,000 in sanctions against a taxpayer because his argument that “the payment of income taxes was voluntary” was “contrary to well-established law and thus was frivolous.”
United States v. Gerads, 999 F.2d 1255 (8th Cir. 1993) – the court stated that the “[taxpayers’] claim that payment of federal income tax is voluntary clearly lacks substance” and imposed sanctions in the amount of $1,500 “for bringing this frivolous appeal based on discredited, tax-protester arguments.”
Wilcox v. Commissioner, 848 F.2d 1007 (9th Cir. 1988) – the court rejected Wilcox’s argument that payment of taxes is voluntary for American citizens and imposed a $1,500 penalty against Wilcox for raising frivolous claims.
United States v. Schulz, 529 F.Supp.2d 341 (N.D.N.Y. 2007) – the court permanently barred Robert Schulz and his organizations, We the People Congress and We the People Foundation, from promoting a tax scheme that helped employers and employees improperly stop tax withholding from wages on the false premise that federal income taxation is voluntary.
Jones v. Commissioner, T.C. Memo. 2014-101, 107 T.C.M. (CCH) 1495 (2014) – the court imposed several sanctions of $25,000 against a taxpayer who argued, amongst other frivolous arguments, that “the Internal Revenue Code does not establish any liability for the payment of Federal income tax.”
Other Cases: Schiff v. United States, 919 F.2d 830 (2d Cir. 1990); United States v. Berryman, 112 A.F.T.R.2d (RIA) 2013-6282 (D. Colo. 2013); United States v. Sieloff, 104 A.F.T.R.2d (RIA) 2009-5067 (M.D. Fla. 2009); United States v. Melone, 111 A.F.T.R.2d (RIA) 2013-1369 (D. Mass. 2013); Foryan v. Commissioner, T.C. Memo. 2015-114, 109 T.C.M. (CCH) 1591(2015); Jones v. Commissioner, T.C. Memo. 2014-101, 107 T.C.M. (CCH) 1495 (2014); Horowitz v. Commissioner, T.C. Memo. 2006-91, 91 T.C.M. (CCH) 1120 (2006).

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