Restaurant Owner Pleads Guilty to Criminal Tax Fraud – He should have hired SELIG & Associates

On August 21^st 2020, the New York State Department of Taxation and Finance announced that the owner of a New York BBQ Restaurant pleaded guilty to grand larceny and criminal tax fraud charges.  Between September 1, 2013 and May 31, 2017 he collected $199,491 in sales tax from his customers and failed to file sales tax returns and ultimately remit that money, as required by law, to New York State. “Sales tax dollars fund vital public services. When that money is diverted instead for personal gain, it hurts the communities that need it most — especially in the midst of a global pandemic,” said New York State Commissioner of Taxation and Finance Mike Schmidt. “We will continue to work with all levels of law enforcement to hold those accountable for tax crimes against New Yorkers”.  On September 18^th 2020, David Selig [of Selig & Associates] said that had he been representing the BBQ Restaurant, the matter may have been resolved differently. 

Jury Finds Another Dentist Guilty of Tax Evasion

Directed Patients to Pay in Cash

A federal jury convicted a dentist today of four counts of tax evasion, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Scott C. Blader.

According to evidence presented at trial, Frederick G. Kriemelmeyer, 70, operated a dental practice In 2007, Kriemelmeyer was ordered by the U.S. District Court to pay $135,337 to the Internal Revenue Service (IRS) for unpaid income taxes. By 2012, the IRS had assessed Kriemelmeyer for more than $450,000 in taxes, interest, and penalties. Evidence presented at the trial showed Kriemelmeyer took a number of actions to evade paying the taxes he owed, from at least 2013 through 2015, Kriemelmeyer did not file tax returns reporting the income from his dental practice, directed his patients to pay him in cash or by check with blank payee lines, and paid his business and personal expenses with third-party checks and cash.

U.S. District Judge William M. Conley has set sentencing for May 19, 2020. At sentencing, Kriemelmeyer faces a statutory maximum sentence of five years in prison for each count of tax evasion. He also faces a period of supervised release, monetary penalties, and restitution.

Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Blader commended special agents of IRS-Criminal Investigation, who conducted the investigation, and Trial Attorney Eric C. Schmale of the Tax Division and Assistant U.S. Attorney Elizabeth Altman, who prosecuted the case.

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Aggressive NYC Tax Advocates Specializing in Income, Sales and Payroll Taxes. We negotiate excellent Payment Plans, Release of Wage Garnishment, Bank Levy, Offers in Compromise, Audits, Suspended License and all other Federal, State and New York City Tax Matters. Same day and Emergency Appointments. Expedited Service. Missing Tax Returns prepared and filed within 48 hours. 

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Sales Tax Sting in Brooklyn - Solving NYS Sales Tax Problems - Selig and Associates

The New York State Department of Taxation and Finance announced it seized more than 336 cartons of untaxed cigarettes following two store inspections in Brooklyn. Tax Department investigators conducted routine inspections in Brooklyn at S&O Star Deli Corp, 6602 Bay Parkway, and A&B Food Corp, 7402 17th Avenue, on Tuesday, December 3. They found a combined total of 336.8 cartons of cigarettes bearing counterfeit New York State and New York City tax stamps, as well as ones with stamps from Connecticut, Georgia, and Virginia. “Business owners who evade the tax on cigarette and tobacco products or other sales put honest merchants at a competitive disadvantage and deprive their communities of revenue used to fund vital services,” said New York State Commissioner of Taxation and Finance Michael Schmidt. “We’ll continue to conduct these inspections and work with our law enforcement partners to ensure a level playing field for all.” The owner of A&B Food Corp, Abul Islam, 59, was arrested and charged with multiple felonies, including possession of a forged instrument, attempt to evade cigarette tax on 10,000 or more cigarettes, and possession for sale of counterfeit-stamped cigarettes. More than 96 cartons of illicit cigarettes were seized from his store. The owner of S&O Star Deli Corp, Salah Aizah, 53, was arrested and charged with multiple felonies, including possession of a forged instrument, possession for sale of 30,000 or more cigarettes, and possession for sale of counterfeit-stamped cigarettes. More than 240 cartons of cigarettes with counterfeit and out-of-state tax stamps were seized from the store. In addition to the criminal charges, the defendants each face fines of up to $600 per carton seized, which would total more than $144,000 for Salah Aizah and more than $57,600 for Abdul Islam. The Kings County District Attorney’s Office is prosecuting the cases. A criminal complaint is only an accusation; the defendant is presumed innocent until proven guilty.

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Free Consultation: Federal Tax Practitioner, CPCU and Attorney. We provide our Clients with successful Tax Representation, Consulting and Strategic Tax Planning Services and can help you significantly reduce your income tax liability in 2020. Legally privileged consultations are available Tuesday through Friday. 

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W/C & NYSIF Assessments: We help Construction Companies and Business Owners with Workers Compensation Audits and NYSIF Premium Assessment Disputes, including Employee Misclassification, Unreported Income, Application Fraud, Experience, Rating and all other Workers Comp violations. 

Expedited Service: Unfiled Tax Returns? We can have your missing Tax Returns prepared and filed within 48 hours, guaranteed. Do you need a new Corporation, LLC or S-Corp? Contact us directly for immediate help and assistance. 

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U.S. Code § 6651.Failure to file tax return or to pay tax

• U.S. Code 
• Notes 

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(a)Addition to the taxIn case of failure—

(1)

to file any return required under authority of subchapter A of chapter 61 (other than part III thereof), subchapter A of chapter 51 (relating to distilled spirits, wines, and beer), or of subchapter A of chapter 52 (relating to tobacco, cigars, cigarettes, and cigarettepapers and tubes), or of subchapter A of chapter 53 (relating to machine guns and certain other firearms), on the date prescribed therefor (determined with regard to any extension of time for filing), unless it is shown that such failure is due to reasonable cause and not due to willful neglect, there shall be added to the amount required to be shown as tax on such return 5 percent of the amount of such tax if the failure is for not more than 1 month, with an additional 5 percent for each additional month or fraction thereof during which such failure continues, not exceeding 25 percent in the aggregate;

(2)

to pay the amount shown as tax on any return specified in paragraph (1) on or before the date prescribed for payment of such tax (determined with regard to any extension of time for payment), unless it is shown that such failure is due to reasonable cause and not due to willful neglect, there shall be added to the amount shown as tax on such return 0.5 percent of the amount of such tax if the failure is for not more than 1 month, with an additional 0.5 percent for each additional month or fraction thereof during which such failure continues, not exceeding 25 percent in the aggregate; or

(3)

to pay any amount in respect of any tax required to be shown on a return specified in paragraph (1) which is not so shown (including an assessment made pursuant to section 6213(b)) within 21 calendar days from the date of notice and demand therefor (10 business days if the amount for which such notice and demand is made equals or exceeds $100,000), unless it is shown that such failure is due to reasonable cause and not due to willful neglect, there shall be added to the amount of tax stated in such notice and demand 0.5 percent of the amount of such tax if the failure is for not more than 1 month, with an additional 0.5 percent for each additional month or fraction thereof during which such failure continues, not exceeding 25 percent in the aggregate.

In the case of a failure to file a return of tax imposed by chapter 1 within 60 days of the date prescribed for filing of such return(determined with regard to any extensions of time for filing), unless it is shown that such failure is due to reasonable cause and not due to willful neglect, the addition to tax under paragraph (1) shall not be less than the lesser of $205 or 100 percent of the amount required to be shown as tax on such return.

(b)Penalty imposed on net amount dueFor purposes of—

(1)

subsection (a)(1), the amount of tax required to be shown on the return shall be reduced by the amount of any part of the tax which is paid on or before the date prescribed for payment of the tax and by the amount of any credit against the tax which may be claimed on the return,

(2)

subsection (a)(2), the amount of tax shown on the return shall, for purposes of computing the addition for any month, be reduced by the amount of any part of the tax which is paid on or before the beginning of such month and by the amount of any credit against the tax which may be claimed on the return, and

(3)

subsection (a)(3), the amount of tax stated in the notice and demand shall, for the purpose of computing the addition for any month, be reduced by the amount of any part of the tax which is paid before the beginning of such month.

(c)Limitations and special rule

(1)Additions under more than one paragraph

With respect to any return, the amount of the addition under paragraph (1) of subsection (a) shall be reduced by the amount of the addition under paragraph (2) of subsection (a) for any month (or fraction thereof) to which an addition to tax applies under both paragraphs (1) and (2). In any case described in the last sentence of subsection (a), the amount of the addition under paragraph (1) of subsection (a) shall not be reduced under the preceding sentence below the amount provided in such last sentence.

(2)Amount of tax shown more than amount required to be shown

If the amount required to be shown as tax on a return is less than the amount shown as tax on such return, subsections (a)(2) and (b)(2) shall be applied by substituting such lower amount.

(d)Increase in penalty for failure to pay tax in certain cases

(1)In general

In the case of each month (or fraction thereof) beginning after the day described in paragraph (2) of this subsection, paragraphs (2) and(3) of subsection (a) shall be applied by substituting “1 percent” for “0.5 percent” each place it appears.

(2)DescriptionFor purposes of paragraph (1), the day described in this paragraph is the earlier of—

(A)

the day 10 days after the date on which notice is given under section 6331(d), or

(B)

the day on which notice and demand for immediate payment is given under the last sentence of section 6331(a).

(e)Exception for estimated tax

This section shall not apply to any failure to pay any estimated tax required to be paid by section 6654 or 6655.

(f)Increase in penalty for fraudulent failure to fileIf any failure to file any return is fraudulent, paragraph (1) of subsection (a) shall be applied—

(1)

by substituting “15 percent” for “5 percent” each place it appears, and

(2)

by substituting “75 percent” for “25 percent”.

(g)Treatment of returns prepared by Secretary under section 6020(b)In the case of any return made by the Secretary under section 6020(b)—

(1)

such return shall be disregarded for purposes of determining the amount of the addition under paragraph (1) of subsection (a), but

(2)

such return shall be treated as the return filed by the taxpayer for purposes of determining the amount of the addition under paragraphs (2) and (3) of subsection (a).

(h)Limitation on penalty on individual’s failure to pay for months during period of installment agreement

In the case of an individual who files a return of tax on or before the due date for the return (including extensions), paragraphs (2) and (3) of subsection (a) shall each be applied by substituting “0.25” for “0.5” each place it appears for purposes of determining the addition to tax for any month during which an installment agreement under section 6159 is in effect for the payment of such tax.

(i)Application to imputed underpayment

For purposes of this section, any failure to comply with section 6226(b)(4)(A)(ii) shall be treated as a failure to pay the amount described in subclause (II) thereof and such amount shall be treated for purposes of this section as an amount shown as tax on a return specified in subsection (a)(1).

(j)Adjustment for inflation

(1)In general

In the case of any return required to be filed in a calendar year beginning after 2014, the $205 dollar amount under subsection (a) shall be increased by an amount equal to such dollar amount multiplied by the cost-of-living adjustment determined under section 1(f)(3) for the calendar year determined by substituting “calendar year 2013” for “calendar year 2016” in subparagraph (A)(ii) thereof.

(2)Rounding

If any amount adjusted under paragraph (1) is not a multiple of $5, such amount shall be rounded to the next lowest multiple of $5.

(Aug. 16, 1954, ch. 736, 68A Stat. 821; Pub. L. 90–364, title I, § 103(e)(4), June 28, 1968, 82 Stat. 264; Pub. L. 91–172, title IX, § 943(a), Dec. 30, 1969, 83 Stat. 727; Pub. L. 92–9, § 3(j)(1), Apr. 1, 1971, 85 Stat. 22; Pub. L. 94–455, title XIX, § 1904(b)(10)(A)(v), Oct. 4, 1976, 90 Stat. 1817; Pub. L. 97–248, title III, § 318(a), (b), Sept. 3, 1982, 96 Stat. 610; Pub. L. 98–369, div. A, title IV, § 412(b)(8), July 18, 1984, 98 Stat. 792; Pub. L. 99–514, title XV, § 1502(a), (b), Oct. 22, 1986, 100 Stat. 2741; Pub. L. 100–203, title X, § 10301(b)(6), Dec. 22, 1987, 101 Stat. 1330–429; Pub. L. 101–239, title VII, § 7741(a), Dec. 19, 1989, 103 Stat. 2404; Pub. L. 104–168, title III, § 303(b)(2), title XIII, § 1301(a), July 30, 1996, 110 Stat. 1458, 1475; Pub. L. 105–206, title III, § 3303(a), July 22, 1998, 112 Stat. 742; Pub. L. 110–245, title III, § 303(a), June 17, 2008, 122 Stat. 1649; Pub. L. 113–295, div. B, title II, § 208(a), Dec. 19, 2014, 128 Stat. 4072; Pub. L. 114–125, title IX, § 921(a), (b), Feb. 24, 2016, 130 Stat. 281; Pub. L. 115–97, title I, § 11002(d)(1)(KK), Dec. 22, 2017, 131 Stat. 2060; Pub. L. 115–141, div. U, title II, § 206(n)(1), title IV, § 401(a)(299)(A), Mar. 23, 2018, 132 Stat. 1181, 1198; Pub. L. 116–25, title III, § 3201(a), (b), July 1, 2019, 133 Stat. 1017.)