Concerning IRS Telephone Scams

Phone calls from criminals impersonating IRS agents remain an ongoing threat to taxpayers. The IRS has seen a surge of these phone scams in recent years as con artists threaten taxpayers with police arrest, deportation and license revocation, among other things. (IR-2019-28).

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Generally, April 15 is the deadline for most people to file their individual income tax returns and pay any tax owed. During its processing, the IRS checks your tax return for mathematical accuracy. When processing is complete, if you owe any tax, penalty, or interest, you will receive a bill.

• Generally, interest accrues on any unpaid tax from the due date of the return until the date of payment in full. The interest rate is determined quarterly and is the federal short-term rate plus 3 percent. Interest compounds daily. Visit Newsroom Search for the current quarterly interest rate on underpayments.
• In addition, if you file a return but don't pay all tax owed on time, you'll generally have to pay a late payment penalty. The failure-to-pay penalty is one-half of one percent for each month, or part of a month, up to a maximum of 25%, of the amount of tax that remains unpaid from the due date of the return until the tax is paid in full. The one-half of one percent rate increases to one percent if the tax remains unpaid 10 days after the IRS issues a notice of intent to levy property. If you file your return by its due date and request an installment agreement, the one-half of one percent rate decreases to one-quarter of one percent for any month in which an installment agreement is in effect. Be aware that the IRS applies payments to the tax first, then any penalty, then to interest. Any penalty amount that appears on your bill is generally the total amount of the penalty up to the date of the notice, not the penalty amount charged each month. See Topic No. 202 for information about payment options.
• If you owe tax and don't file on time, there's also a penalty for not filing on time. The failure-to-file penalty is usually five percent of the tax owed for each month, or part of a month that your return is late, up to a maximum of 25%. If your return is over 60 days late, there's also a minimum penalty for late filing; it's the lesser of $210 (for tax returns required to be filed in 2019) or 100 percent of the tax owed. See Topic No. 304 for information about extensions to file, if you can't file on time.

You must file your return and pay your tax by the due date to avoid interest and penalty charges. Often, you can borrow the funds necessary to pay your tax at a lower effective rate than the combined IRS interest and penalty rate.

Electronic payment options, available on the Payments page, are the most convenient ways for you to pay your federal taxes. However, if you decide to pay by mail, be sure to return the tear-off stub on your bill and use our return envelope, if provided. To make sure your payment credits properly to your account, please:

• Make your check or money order payable to the United States Treasury
• Enter the primary social security number or employer identification number
• Enter the tax year and form number
• Ensure your name, address, and telephone number are on the payment
• Don't send cash

For more information about ensuring proper credit of payments, see Topic No. 158.

The IRS may abate your penalties for filing and paying late if you can show reasonable cause and that the failure wasn't due to willful neglect. Making a good faith payment as soon as you can may help to establish that your initial failure to pay timely was due to reasonable cause and not willful neglect. If you're billed for penalty charges and you have reasonable cause for abatement of the penalty, send your explanation along with the bill to your service center, or call us at 800-829-1040 for assistance. The IRS doesn't generally abate interest charges and they continue to accrue until all assessed tax, penalties, and interest are fully paid.

There are some exceptions to the general deadlines for filing a return and paying tax, such as:

• If you're a member of the Armed Forces and are serving in a combat zone or contingency operation. Refer to Publication 3, Armed Forces' Tax Guide for additional information and qualifications.
• If you're a citizen or resident alien working abroad. Refer to Publication 54, Tax Guide for U.S. Citizens and Resident Aliens Abroad for details.
• If you were a victim in certain disaster situations. In those situations, the IRS has the authority to extend filing and payment deadlines. Search keyword "disaster" on IRS.gov for more information.

New York City Tax Accountant and Tax Attorney Consult with an experienced Tax Accountant and Tax Attorney today. Our civil and criminal tax consultations are confidential and legally privileged. Same day and emergency appointments may be scheduled Monday through Friday. Our New York City offices are conveniently located and easily accessible by car, train and subway. For immediate assistance call (212) 974-3435 or contact us online. 

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Tax Return Preparer Pleads Guilty to Aiding in the Preparation of False Tax Returns

A tax return preparer pled guilty to aiding and assisting in the preparation of false tax returns and filing a false personal tax return, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Thomas T. Cullen.

According to court documents, Saint Julien Pierre owned and operated a tax return preparation business, JP Tax Services LLC,. Pierre aided and assisted in the preparation of 2013 and 2014 tax returns that falsely claimed energy-related credits and illegitimate itemized deductions, in order to fraudulently increase his clients’ refunds. Pierre also filed a false 2013 tax return for himself, on which he fraudulently reported that he was entitled to the same fuel tax credit he falsely claimed on his clients’ returns.

Pierre faces a statutory maximum sentence of three years in prison for each count of preparing false tax returns and three years in prison for the false tax return count. He also faces a period of supervised release, restitution, and monetary penalties. 

Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Cullen thanked special agents of IRS-Criminal Investigation, who conducted the investigation, and Tax Division Trial Attorneys Lauren A. Archer and Kevin Schneider and Assistant United States Attorney Charlene R. Day, who are prosecuting the case.

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Restaurant Owners Charged With Tax Fraud

A federal grand jury returned an indictment charging three restaurant owners with conspiracy to defraud the United States and filing false tax returns, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division.

The indictment charges Ayaz Ali Shah, Muhamad Siyab Khan and Khurshed Jehan Badshah with conspiring to defraud the United States by impeding the lawful functions of the Internal Revenue Service (IRS). Shah and Badshah also are each charged with two counts of willfully filing their own false individual income tax returns for tax years 2012 and 2013. Khan is charged with two counts of aiding and assisting in the preparation and presentation of his own false and fraudulent tax returns for tax years 2012 and 2013.

According to the indictment, from 2009 through 2014, Shah, Khan, Badshah, and an unindicted co-conspirator, co-owned and operated a carry-out restaurant “New York Fried Chicken and Pizza”. Shah, Khan, and Badshah each allegedly owned twenty percent of the business while the unindicted co-conspirator owned the other forty percent. The indictment alleges that during this time period, the co-conspirators agreed to underreport the business’s gross receipts, cost of goods sold, and net profit and to report these false amounts on Shah’s 2012 and 2013 individual income tax return, thereby concealing the business’s true partnership nature from the IRS. Khan and Badshah allegedly filed false 2012 and 2013 tax returns that failed to report their gross income.

If convicted, Shah, Khan, and Badshah face a maximum sentence of five years in prison on the conspiracy charge and a maximum sentence of three years in prison on each count of willfully filing a false tax return or aiding and assisting in the preparation and presentation of false and fraudulent tax returns. The defendants also face a period of supervised release, restitution and monetary penalties. 

An indictment merely alleges that crimes have been committed. A defendant is presumed innocent until proven guilty beyond a reasonable doubt.

Principal Deputy Assistant Attorney General Zuckerman commended special agents of IRS Criminal Investigation, FBI, U.S. Immigration and Customs Enforcement's Homeland Security Investigations (HSI) and the Police Department, who conducted the investigations. 

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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. 

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Woman Sentenced to 5 Years in Federal Prison for Participating in IRS Impersonation Scam

John H. Durham, United States Attorney for the District of Connecticut, announced that NANCY J. FRYE, 51, of Bristol, was sentenced by U.S. District Judge Vanessa L. Bryant in Hartford to 60 months of imprisonment, followed by three years of supervised release, for her involvement in an IRS impersonation scam that defrauded hundreds of victims in the United States and Canada.

An IRS impersonation scam is operated by individuals who falsely represent themselves as employees of the IRS to obtain money from victims.  Typically, those executing the fraudulent scheme make unsolicited telephone calls to people and tell them that they are IRS agents or officers calling on behalf of the IRS.  During the calls, the impersonator tells the call recipient that the recipient has an outstanding debt with the IRS that must be paid immediately.  The impersonator then threatens persons with either arrest or a lawsuit if they do not immediately settle the bogus IRS debt.  Victims are instructed to wire money to individuals they believe are employees of the IRS in order to avoid the threatened action.

According to court documents and statements made in court, in October 2015, FRYE received phone calls and text messages from individuals who successfully recruited her to pick up money that was wired through MoneyGram and Western Union and to deposit the money into specific bank accounts.  FRYE, in turn, recruited Douglas Martin and others to assist her in picking up wired funds from locations in central Connecticut.  FRYE then deposited the money that she collected into the bank accounts.

Between October 2015 and June 2016, FRYE, and others working at her direction, received approximately $588,000 in wired funds from approximately 574 victims.Judge Bryant ordered FRYE to pay restitution in the amount of $585,321.

FRYE and Martin were arrested on September 15, 2016.

On June 12, 2017, FRYE pleaded guilty to one count of conspiracy to commit wire fraud.

Martin pleaded guilty to the same charge and, on November 2, 2017, was sentenced to 41 months of imprisonment.

Judge Bryant ordered FRYE, who is released on bond, to report to prison on January 8, 2018.

Since October 2013, TIGTA has received reports of more than 2.1 million impersonation related calls with more than 12,400 victims reporting losses of approximately $62 million.

This matter is being investigated by the Treasury Inspector General for Tax Administration (TIGTA) of the U.S. Department of the Treasury and U.S. Postal Inspection Service.  The U.S. Attorney gratefully acknowledges the assistance provided by the Rocky Hill Police Department, Bristol Police Department, and New York State Department of Taxation and Finance.

Are You in Trouble with the IRS or State? 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. 

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✔   We negotiate excellent re-payment plans with the IRS and State.

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Man Sentenced to Prison for Filing False Retaliatory Lien & Making a False Tax Refund Claim (torn from the pages of the Tax Protestor’s Playbook)

Falsely Claimed Federal Judge, Prosecutor, IRS Employees and Others Owed Him Millions 

A man was sentenced to 30 months in prison for filing a fraudulent multi-million dollar lien against a government employee and filing a false claim for a tax refund, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division. 

According to court documents, Brian Leo Snow failed to pay his federal tax liabilities for the years 2000 - 2008 and then became the subject of collection activity by the Internal Revenue Service (IRS). After being held in contempt of court for failing to provide documents and records to the IRS, Snow filed false retaliatory liens claiming that various government officials, including an IRS revenue officer, an Assistant United States Attorney, a United States District Court Judge, and the Clerk of Court for the Eastern District, owed him millions of dollars. Each of these government officials had been involved in attempts to collect Snow’s back taxes.  Snow also filed three false claims with the IRS claiming over $144 million in tax refunds to which he was not entitled.  Snow owes the IRS over $150,000 in taxes for tax years 2000-2008 and 2014-2015.

In addition to the term of imprisonment imposed, Snow was ordered to serve three years of supervised release and pay $154,025 in restitution to the IRS. 

Principal Deputy Assistant Attorney General Zuckerman commended special agents of the offices of the Treasury Inspector General for Tax Administration and IRS Criminal Investigation, who conducted the investigation, and Tax Division Senior Litigation Counsel Jen E. Ihlo, who prosecuted the case.

Aggressive New York City Tax Advocates We Solve IRS and New York State Tax Problems, Guaranteed. Specializing in Income, Payroll and Sales Tax Issues. IRS Audits, Sales Tax Audits, Unpaid Payroll Taxes, Trust Fund Penalties, Criminal Tax Investigations and Tax Crimes, Installment Agreements and Payment Plans, Offers in Compromise and most other Tax Matters. For a Legally Privileged Consultation with a Federal Tax Practitioner and Licensed Attorney Call (212) 974-3435 or Contact Us Online. 

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