Archives July 2016

The Internal Revenue Service conceded a $638,798 tax deficiency it had assessed against a Tampa business executive Alfred Schaer. The tax deficiency arose from a dispute over the date Schaer completed the purchase of the stock of Tampa-based Computer Management Consultants, Inc. in March 2005. Taxpayer made an invalid S election and as a result did not owe additional taxes.

Indictment Charging Tax Evasion Was Not Barred By the Statute of Limitations Even though the Tax Return Had Been Filed More Than Six Years Earlier Because the Taxpayer Provided Bogus Documents to the IRS Subsequent to the Filing of the Tax Return to Conceal the Fraud.

Pharmacy Operator Formed Offshore Corporations to Receive His Earnings and Obtained the Funds Through Credit Cards Issued to Him and “Loans”. The Taxpayer Decided to Represent Himself and Challenged the Jurisdiction of the Court. The Jurisdiction Argument Was Held to Have No Merit and the Court Found that there was Sufficient Evidence to Affirm the Convictions.

Taxpayers Were Convicted of Tax Evasion and Conspiracy. Defendants Alleged That Their Civil Tax Lawyer Had a Conflict of Interest Because He Rendered Tax Advise that Was In Issue at the Trial But Acted as Criminal Trial Counsel For One of the Defendants. Defendants Moved for New Trial Based Upon This Conflict. The convictions were affirmed.

Defendant Who Operated a Staffing Agency for Nurses Was Convicted of Failure to Pay Employment Taxes and Evidence that Defendant Represented to the State that the Nurses Were Employees Was Admissible to Refute Defendant’s Claim at trial that the Nurses Were Independent Contractors.

Defendants Were Convicted of Filing False Tax Returns While Incarcerated Using Names of Other Inmates.
Freedom of Information Request Filed By One Defendant Could Be Used Against Codefendant

Reliance of Accountant Defense Failed in Tax Case When Evidence Showed Taxpayer Directed Tax Return Preparer as to What Expenses to Claim.

Court Finds Evidence Sufficient to Sustain Tax Conviction in Loss of Income Insurance Policy Scheme

Defendants and one co-defendant were convicted by a jury in the United States District Court for the Northern District of Texas of charges stemming from their tax-fraud conspiracy. Defendants appealed and claimed that their Rule 29 motion due to insufficient evidence should have been granted.

Return Preparer Filing Tax Returns Claiming Frivolous 1099 Original Issue Discount Deductions was Barred from Filing Returns in the Future