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 #crime. Show all posts
Showing posts with label #crime. Show all posts

Wednesday, July 17, 2019

Collecting BIG BUCKS by Embellishing Insurance Claims? - Don’t Play the Fool!


fraudulent insurance act is committed by any person who, knowingly and with intent to defraud presents, causes to be presented, or prepares with knowledge or belief that it will be presented to or by an insurer, self insurer, or purported insurer, or purported self insurer, or any agent thereof:
1. Any written statement pertaining to a commercial insurance policy or a claim for payment that he or she knows to:
  • Contain materially false information concering any fact material thereto; or
  • Conceal, for the purpose of misleading, information concerning any fact material thereto; or
2. Any written statement or other physical evidence pertaining to a health insurance policy that he or she knows to:
  • Contain materially false information concerning any material fact thereto; or
  • Conceal, for the purpose of misleading, information concerning any fact material thereto.
 "The Breakdown" 
  • Fifth Degree: Commission of a fraudulent insurance act; class A misdemeanor.
  • Fourth Degree: Involving the taking or attempted taking of property valued in excess of $1,000; class E felony.
  • Third Degree: Involving the taking or attempted taking of property valued in excess of $3,000; class D felony.
  • Second Degree: Involving the taking or attempted taking of property valued in excess of $50,000; class C felony.
  • First Degree: Involving the taking or attempted taking of property valued in excess of $1 million; class B felony.
  • Aggravated Insurance Fraud in the Fourth Degree: When the perpetrator commits insurance fraud and has been previously committed of a similar crime within the preceding 5 years; class D felony.

Selig & Associates is an effective Tax Representation and Insurance Claims Settlement firm. Our offices are conveniently located in New York City and we meet with each and every client personally. To schedule a legally privileged consultation with a results driven Federal Tax Practitioner CPCU and Attorney please call us directly at (212) 974-3435. 

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

Effective Tax AdvocacyWe successfully resolve most civil and criminal tax problems including suspended Drivers Licenses and Passports. We provide practical solutions to difficult IRS and State tax problems. Specializing in unpaid sales and payroll taxes. We negotiate affordable installment agreements and if you have missing or unfiled tax returns we can have them prepared and filed for you within 48 hours guaranteed. For immediate assistance please call us directly at (212) 974-3435 or contact us online.  

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 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.  

For more information about our Tax Representation and Insurance Claims Settlement services or to schedule a FREE consultation call (212) 974-3435 or contact us online. 


Wednesday, April 17, 2019

Court Holds Tax Return Preparer in Contempt of Court for Violating Injunction Order


Dieasha Davis ordered to pay over $24,000 in costs and disgorge all fees she earned since entry of an injunction barring her from preparing federal tax returns  ("Oh Snap!" ) On Friday, a federal court found Dieasha Davis in civil contempt of a permanent injunction barring her from operating a tax return preparation business and preparing federal tax returns for others, the Justice Department announced. 

In the contempt order, Judge Denise Page Hood found that Davis continued to prepare federal income tax returns and profited from preparing tax returns in violation of the court’s injunction, which had been entered against her and the business on September 25, 2017. Davis and the business agreed to the 2017 civil injunction order.
In February, 2019, following an investigation of Davis’ activities, the United States presented to the district court what the court on Friday found was clear and convincing evidence that Davis had violated the injunction. The court entered an order requiring Davis to file a written response to show cause why she should not be held in civil contempt. Davis did not file any response.
Based on the evidence submitted by the United States, the court also found that tax returns Davis prepared in violation of the injunction contained false and fraudulent information after entry of the injunction.
In addition, the court ordered Davis to pay to the United States $24,671 for attorney fees and costs incurred in detecting Davis’ non-compliance and bringing her violations of the injunction to the court’s attention.


Civil and Criminal Tax Representation 

Consult with an experienced Federal Tax Practitioner and Attorney today. Same day and emergency appointments may be scheduled Monday through Friday. For immediate assistance call (212) 974-3435 or contact us online.  


Legally Privileged Consultation 

Our New York City offices are conveniently located and easily accessible by car, train and subway. Call us directly at (212) 974-3435 or contact us online.  

Restaurants with Unpaid Sales Taxes 

We negotiate excellent installment agreements and specialize in#audit representation, unfiled tax returns and allDepartment of Labor issues. To schedule a consultation please call (212) 974-3435 or contact us online.  

Businesses with Payroll Tax Problems 

We negotiate excellent re-payment plans and specialize in audit representation, tax compliance and#Workers Compensation insurance audits. To meet with us personally call (212) 974-3435 or contact us online. 

 Commercial Insurance Assistance 

Including:#Liquor Liability;  Active Shooter and Workplace Violence Protection; Cyber Insurance, Sexual Harassment and Employment Practices Liability Insurance, (“EPLI”). For more information call us directly at (212) 974-3435.     #offer_in_compromise, #IRS_lawyer, #IRS_attorney, #HonestAccountant, #Insurance_Adjuster, #OIC, #IRS_Payment_Plan,

 Assistance with Insurance Claims

We settle commercial property insurance claims, including #business interruption, #burglary, #fire, #windstorm and water damage. To discuss your claim with a Public Adjuster and Attorney call (212) 974-3435 today.  On Us. 

Thursday, January 24, 2019

Justice Department Sues to Shut Down Promoters of Conservation Easement Tax Scheme Operating out of Georgia


The United States filed a complaint seeking an order stopping Nancy Zak, Claud Clark III, EcoVest Capital Inc., Alan N. Solon, Robert M. McCullough, and Ralph R. Teal, Jr., from organizing, promoting, or selling an allegedly abusive conservation easement syndication tax scheme, the Justice Department announced today.
According to the complaint filed in the U.S. District Court for the Northern District of Georgia, the defendants’ scheme revolves around donations of conservation easements and corresponding tax benefits from those donations. Defendants also allegedly rely on grossly overvalued appraisals as part of their scheme.
“The Department of Justice is working with our partners in the Internal Revenue Service to shut down fraudulent conservation easement shelters, which in this case were based on willfully false valuations,” said Richard E. Zuckerman, the Tax Division’s Principal Deputy Assistant Attorney General. “Individuals investing in these schemes with benefits that seem too good to be true should ensure they are paying their proper federal income tax liability.”
 “When it comes to aggressive transactions marketed by unscrupulous advisors, we will take every enforcement option available, including civil and criminal penalties,” said Internal Revenue Service Commissioner Charles P. Rettig. “Cheating on your taxes will not be tolerated.”
Under the proper circumstances, the Internal Revenue Code allows a taxpayer to take a charitable donation deduction equivalent to the fair market value of a conservation easement, but only if certain requirements with respect to the donation of an interest in property for conservation purposes are satisfied. This deduction is referred to as the “qualified conservation contribution.”
The defendants allegedly organize, promote, and sell ownership interests in limited liability entities, referred to in the complaint as “conservation easement syndicates.” According to the complaint, at the time defendants organize, promote, and sell ownership interests in a conservation easement syndicate, the syndicate plans to donate a conservation easement on land it owns, and then claim a corresponding tax deduction for the “qualified conservation contribution.”
However, these syndicates lack economic substance and are shams. They only serve as a conduit to transfer overvalued and otherwise improper federal tax deductions to customers, according to the government’s complaint. Additionally, the complaint alleges the conservation easements promoted by the defendants do not meet the requirements for a “qualified conservation contribution” under the Internal Revenue Code.
According to the complaint, defendants knew, or had reason to know, that the statements they made to customers regarding the tax benefits were false or fraudulent. In this regard, the complaint alleges that defendants knew the syndicates that they promoted planned to donate a conservation easement but otherwise did not plan to engage in any ongoing business activity. The complaint also alleges that the only return on investment a customer could anticipate from “investing” in a syndicate was the tax benefit from the planned conservation easement donation, which was many times larger than the purported investment. The complaint further alleges that the defendants made or furnished gross valuation overstatements about the valuation of conservation easements and the corresponding tax deductions, or caused others to do so.
The suit alleges that defendants have organized, promoted, and sold at least 96 conservation easement syndicates resulting in the syndicates reporting over $2.0 billion of tax deductions from overvalued and improper “qualified conservation contributions,” and have passed those tax deductions through to the thousands of customers of defendants’ scheme, resulting in hundreds of millions of dollars of tax harm.
On December 23, 2016, the IRS issued Notice 2017-10, announcing that certain syndicated conservation easement transactions are listed transactions if entered into on or after January 1, 2010. Notice 2017-10 applies to those prospective investors who receive oral or written promotional materials offering the possibility of a charitable donation deduction of at least 2.5 times their investment. A typical transaction covered by Notice 2017-10 involves the advertised investment in a pass-through entity that owns real property or acquires real property for the purpose of encumbering the property with a conservation easement. 
Selig & Associates: Specializing in Unpaid Income, Sales and Payroll Taxes Discuss your tax and business problems with a Federal Tax Practitioner and Attorney in our conveniently located New York City office. For a free consultation call (212) 974 3435 or contact us online.
ount On Us. Guaranteed. 
✔ Same day and emergency appointments available.
   We negotiate excellent repayment plans with the IRS and State.
✔ Missing tax returns prepared and filed within 48 hours, guaranteed. 
✔ Civil and criminal tax representation. 
  We negotiate great settlements, debts, judgments and insurance claims. 


Tuesday, January 15, 2019

Tax Filing Tips from the New York State Tax Department + Free Resources to Promptly Receive Refunds Owed




The New York State Department of Taxation and Finance today encouraged taxpayers to prepare for income tax filing season by reviewing some important tips that can ease the process and ensure accurate returns and promptly issued refunds.

“We are committed to fair and efficient tax administration, which means all returns are analyzed by our advanced processing system to detect errors and fraud,” said Acting Commissioner Nonie Manion. “To ensure your return sails through this process and any refund owed is issued promptly, review these tips and all the resources on our website at www.tax.ny.gov.”

E-file for free. A large percentage of New Yorkers qualify to electronically prepare and file both their federal and state income tax returns for free. Last year, more than 155,000 taxpayers took advantage of the free-filing options available on the Tax Department website, and close to 92% e-filed their returns—speeding refunds.

File early. Don’t put it off until the last minute. Filing in a rush can lead to errors that will delay any refund you may be owed.

Save a tree. E-filing is safer and more efficient than sending paper returns through the mail. Nearly 92% of all New York State personal income tax returns are electronically prepared and filed. All returns, whether filed electronically or on paper, undergo the same systematic review.
File for free. Taxpayers with adjusted gross household incomes of $66,000 or less in 2018 may access free, user-friendly software from their computer, smartphone, or tablet at www.tax.ny.gov (search: Free File). The tax preparation software helps prevent filing errors and processing delays. It may also help you find potentially valuable credits you may have missed.

Access your Account Summary. This page provides a central location for viewing details of your tax account. You can view prepayments to accurately report on your tax return when filing. This includes estimated tax payments made throughout the year as well as payments made with your extension of time to file.

File on time. To avoid penalties and interest, file on time. The penalties are much higher for late filing than for late payment.

Use direct deposit. Receive any refund due up to a week faster by having it directly deposited into your bank account. Be sure to double check the routing and account numbers for your account.

Check your refund online. If you’re eager to find out the status of your claim for an income tax refund, use the Check your Refund  app on our website: www.tax.ny.gov. It’s the fastest and most convenient way to know when to expect your refund. You’ll need to enter the refund amount you're claiming, your Social Security number, and which form you filed.


Unpaid Sales, Income and Payroll Taxes To schedule a free, legally privileged consultation with a Federal Tax Practitioner and Attorney in our conveniently located New York City office call (212) 974-3435 or contact us online. *Same day and emergency appointments are available Monday through Friday. 

   We negotiate excellent repayment plans with the IRS and State.
   Missing tax returns prepared and filed within 48 hours, guaranteed. 
  Civil and criminal tax representation, including audits. 

Merchant Services We settle debts, re-negotiate loans and can provide you with up to $500,000 of secured financing. For a free consultation call (212) 974-3435 or contact us online. *Same day and emergency appointments are available Monday through Friday. 

Monday, September 17, 2018

What is a PUBLIC ADJUSTER and why do I need one?



Is Your Insurance Company Taking Advantage of You? Public 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.

public adjuster is a professional claims handler/ claims adjuster who advocates for the policyholder in appraising and negotiating a claimant's insurance claim.[1] Aside from attorneys and the broker of record, state licensed public adjusters can legally represent the rights of an insured during an insurance claim process. Their technical expertise and ability to interpret sometimes ambiguous insurance policies allow property owners to receive the maximum amount of indemnification for their claims. Although seen many times as adversarial by the Carriers, public adjusters do (almost always) substantially increase the settlement value of the loss. Many professionals, and persons who are either incapable due to education, age, or physical impairment, choose public adjuster representation to guide them through the process and minimize the time which must be spent to perfect their claim. Most public adjusters charge a percentage of the settlement like general contractors who add (10/10) to the total repair cost to cover overhead and reasonable profit. Primarily public adjusters prepare detailed scope and cost estimates many times using experts in the fields of remediation, toxicology, and construction engineers to prove their loss. Public adjusters also provide insurance policy interpretation to determine covered and uncovered items and to negotiate with the insurance Carrier to a final and fair settlement.[2]
A public adjuster is a representative of the policyholder who advises, manages, and submits a claim to the policyholder's insurance company. 
There are three classes of insurance claims adjusters: staff adjusters (employed by an insurance company or self-insured entity), independent adjusters (independent contractors hired by the insurance company) and public adjusters (employed by the policyholder). "Company" or "independent" adjusters can only legally represent the rights of an insurance company.[3]
Outside the United States adjusters are commonly called (or translated into English as) "insurance loss assessors" (or simply "loss assessors") and staff adjusters or independent adjusters are called or translated as "insurance loss adjusters" (or simply "loss adjusters").[4]However, there is a clear distinction between a loss adjuster, who works on behalf of an insurance company, and a loss assessor who works on behalf of a policyholder.

Currently, 44 states (and the District of Columbia) have in place some form of statutory and/or regulatory scheme which licenses public adjusters. The states that do not are: Alabama, Alaska, South Dakota, and Wisconsin.[5] In addition, it is important to note that on October 14, 2005, the National Association of Insurance Commissioners (NAIC) adopted the Public Adjuster Licensing Model Act (MDL-228), which governs the qualifications and procedures for the licensing of public adjusters.[6] It defines a public adjuster as "any person who, for compensation or any other thing of value, acts on behalf of an insured", specifies the duties of and restrictions on public adjusters, including regulations for the following: examination, bond or letter of credit, continuing education, public adjuster fees, contracts, record retention, and standards of conduct. In addition, the model act states that public adjusters may only act or aid on the benefit of the insured in first-party claims.[7]
Holding a license in one state only permits the licensed to practice in that state. Although the regulations vary from state to state, the model act states that a non-resident can obtain a license in another state if their home state allows non-residents to apply for a license on the same basis.[7] This reciprocity agreement means that in many cases one can apply for a license in another state without having to pass that state's examination or pre-licensing education requirements.[8] Generally, public adjusters only work with insurance claims related to property damages and the business losses that they trigger such as business income, builders' risk, mechanical and electrical breakdown, extra expense and expediting expense, and leasehold interest. Although it is uncommon for public adjusters to handle health insurance claims, in some states such as Florida they are legally authorized to handle claims in all lines of insurance except life and annuities.[9]

The public adjuster's main responsibilities are to:
  • Evaluate existing insurance policies in order to determine what coverage may be applicable to a claim
  • Research, detail, and substantiate damage to buildings and contents and any additional expenses
  • Evaluate business interruption losses and extra expense claims for businesses
  • Determine values for settling covered damages
  • Prepare, document and support the claim on behalf of the insured
  • Negotiate a settlement with the insurance company on behalf of an insured
  • Re-open a claim and negotiate for more money if a discrepancy is found after the claim has been settled
Typically a policyholder hires a public adjuster to document and expedite their claims, obtain a more satisfactory claim recovery, more quickly, and completely restore their residence or business operations, and insulate themselves from the stress of engaging in an adversarial role with a large corporation. However, the cost of hiring outside experts, no matter how well-earned, can be an added burden when they are borne entirely by the policyholder. The added burden can be alleviated by the work of a public adjuster. However, policy holders who are not properly indemnified by their insurance carriers may be left with little choice but to hire professional assistance to recover the claim payment to which they are entitled.
Public adjusters must be able to recognize claims that may be insubstantial and disputable and explain such problems to the client. The everyday meanings of terms like "collapse", "partial collapse" and "extent of physical damage" might be entirely different from their legal interpretations, requiring the adjuster to clarify such terms for the client.[10] Regulations regarding the uses of these terms are constantly in a state of flux[11] so it is important for public adjusters to have a firm grasp of the law including the division of legal responsibilities between insurance companies and policyholders.

Most public adjusters are paid based on a percentage of the total settlement. For example, one Georgia company states their average fee is 15% based on the type and amount of the insurance claim. However, lower percentages are used for larger losses being claimed under a policy of insurance. Higher percentages are needed for smaller claimed losses. Smaller insurance claims can have similar costs as larger claims, but because the recovery is less on smaller claims the fee range must be adjusted to compensate for the operating costs. All public adjusters are not equal in their abilities to secure policy benefits. Skills of performance can vary significantly between public adjusters ranging from basic to elite expert. Fees of 10% to 12% are ordinary and typical for claimed losses of $100,000 or greater when handled by standard-rated public adjusters. Expert-rated public adjusters get a higher fee than standard-rated adjusters. For example, an expert public adjuster can charge 12% to 15% on a loss that exceeds $100,000. However, superior experts possess capabilities to obtain the most effective results. Therefore, highly qualified adjusters can be expected to be better skilled at achieving a greater increased benefits settlement amount than an adjuster who is not an actual expert. Adjusters who are experts must be classified and registered as an expert by the judicial system. Public adjusters declaring themselves to be experts should be verified, because such notice is not always factual. For those public adjusters who proclaim to be actual experts, it's highly recommended that their credentials be validated to prove such qualifications. Most public adjusters are not court-registered experts, but instead just have claims experience. Experience is often not expertise. 
Some public adjusters charge a flat percentage or a flat fee set price, while others use a regressive scale. It depends, in part, on the State Law where the loss occurred. For example, a regressive scale can be 25% of the first $100,000, 15% between $100,001 and $200,000, and 10% of any amount beyond that. Claims that are less than $50,000 are considered small claim losses. There are Public Adjusters who will not service smaller claims at all, while other public adjusters charge a normal range of a 30% to 35% fee rate for insurance claims with a settlement value that is less than $50,000. Public adjusters can charge a lower fee on the total settlement value of the claim, or they can charge a higher fee on an improved settlement amount that is beyond the initial settlement originally offered by the insuring organization. For example, for a $100,000 loss, a fee can be 12% on the whole claim value, where the cost risk can be a shared expense with the client, but for a lower fee which is a benefit for the client; or alternatively, if the initial settlement was $50,000, then a public adjuster might accept a 25% fee —not on the initial $50,000― but on any additional recovery settlement referred to as "new money", being a partial claim value of an amount which exceeds the initial $50,000 settlement, where fees apply exclusively to only the additional amount recovered. However, this additional recovery method of "new money only" means that the public adjuster assumes all of the cost risk and expense, with no cost risk shared by the client, hence the higher fee. (For a claim not covered by the Policy, the public adjuster could experience a business loss from operating expenses spent on "new money only" claims that are limited to only improved settlement recovery services). There are public adjusters who contract for "new money only" services but charge fees of 40% and 50% to accept that high risk, where any improved settlement benefit, or the new money recovered, is essentially split about evenly between the public adjuster and the client. It's important to note that some states cap public adjuster fees at levels such as 10% or 20%, and some consumers opine that normal public adjuster fees are standardized, citing 10% on any claim regardless of its value. This is not accurate and cannot work. Such limitations can cause public adjusters to avoid helping consumers with smaller claims altogether when the services' costs can actually become a financial loss if not providing a fair, reasonable and necessary business earnings' margin needed by public adjuster firms in order to operate, just as with any business. Most states do not cap fees for this reason, while nearly all states welcome public adjuster services for their insuring public. Professional fees must be adequate for public adjusters to cover operating and business costs while still providing sufficient business income returns on those costs. Higher fees on smaller claims having low recovery values are necessary to provide the adequate compensation that a public adjuster needs to accept the costs of providing full services. 
Regardless of the fee structure, the public adjuster professional fee may, and will likely, be offset by an increase in the settlement amount on a covered claim. In many jurisdictions, the fee structure must be disclosed up front. It is important to note that a public adjuster cannot obtain more than the policyholder is legitimately entitled to, but public adjusters ―especially experts― generally recover a better financial settlement benefit than the fees charged to their clients, thereby leaving their clients with a net financial improvement of benefits recovery after fees are paid. The indemnity promised and provided for by an insurance policy, or the full potential financial recovery value of an insurance claim, is often not obtainable without professional assistance like that which comes from a very capable public adjuster.

Loss Recovery Insurance is an insurance policy devised by Lorega Ltd - which covers the cost of an independent Chartered Loss Adjuster, who acts solely on behalf of the behalf of the policyholder, in preparing, negotiating and settling an insurance claim. Insurers always have the benefit of staff or independent adjusters to act on their behalf, reducing the claim wherever possible. Loss recovery insurance helps level the playing field by providing the policyholder with independent expert advice. Lorega Limited is an Independent Underwriting Agency, based in London, with capacity from Lloyd's and the London Insurance Market, and distributes a number of assistance insurance products which provide expert help, when it is needed, to policyholders in the UK.

While it is not always clear[12] when a policyholder may benefit from hiring a public adjuster, the most benefit is likely to be realized if they are engaged immediately in case of a loss. Shortly after the insurance company receives notice of a loss, an adjuster representing the insurance company will visit the policyholder to gather facts about how the loss occurred, the magnitude of the loss, and the possibility of subrogation. Incorrect, incomplete or inadequately expressed answers to the adjuster's questions may reduce the amount that can be claimed. A public adjuster engaged early in the process, before the fact-finding stage, will have more opportunity to help the policyholder receive a fair settlement for all losses legitimately covered under the insurance policy. However, any time during negotiations with the insurance company and even after a settlement has been received by an insured, a public adjuster may be able to negotiate for a higher amount.


Is Your Insurance Company Taking Advantage of You? Public 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.

Monday, July 9, 2018

Who Needs Commercial Auto Insurance? (you do, that's who)

What is Commercial Auto Insurance?

Commercial Auto Insurance helps your business cover the financial costs resulting from an auto accident if you or an employee is found at fault. Commercial auto insurance helps pay for damaged property and medical expenses – even in the event of a fatal accident.

Commercial auto insurance will help protect you for example, if:

  • An employee hits a pedestrian while driving a company truck and the pedestrian requires medical treatment that results in substantial bills.
  • You accidentally swerve off the road while driving to work and take out a residential mailbox and have to pay for the damage.
  • An employee driving to work accidentally hits another car and totals it.
Get a commercial auto quote today to learn how easily you can protect your business while on the road.
You need commercial auto insurance if your business:

  • Owns, leases or rents vehicles such as cars and trucks.
  • Has employees who drive their own vehicles to conduct business.
  • Has employees who operate company vehicles that are leased, rented or owned.

For more information about Commercial Auto Insurance, call David SELIG directly at (212) 974-3435


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...