IRS Summons to Find Tax Cheats

The federal district court can authorize IRS to issue “John Doe” summons. This is a summons directed to an entity to disclose records of yet to be determined taxpayers who may have tax due the IRS. This type of summons has been issued to eight entities that may have connection to Sovereign Management & Legal Services. The aim at issuing the summons is to obtain records of taxpayers who may have used the services of Sovereign “to establish, maintain, and/or conceal foreign accounts, assets and entities.” The companies that will be producing records include: Federal Express, FedEx Ground Package System, DHL Express, United Parcel Service Inc.,Western Union Financial Services Inc.,The Federal Reserve Bank of NY, Clearing House Payments Company and HSBC USA National Association.
 The summons is intending to identify taxpayers who used Sovereign services from 2005 through 2013. According to DOJ, Sovereign offers services including formation and administration of anonymous corporations, mail forwarding, virtual offices, re-invoicing and professional “managers” who act for true owners. These activities it is alleged are designed to assist the evasion of US taxes.  The IRS has had a huge success with the offshore account program resulting in billions of collected taxes and penalties and will most likely continue this type of enforcement activity. Criminal allegations are starting to rumble against some of the entities as well.  HSBC is currently on the rack with others sure to follow.

How Big Companies Beat US Taxation

The President’s State of the Union address in January is always fun to watch. It is entertaining to see our elected officials acting like school boys and girls snickering beneath their breath at the whole show. It’s an opportunity for any President to grandstand and propose those things that everyone knows we need and at the same time understand that the proposals are just for fun and don’t stand a snowball’s chance in Hades of passage. The tax part of the speech has led many commentators to use the phrase DOA( Dead on Arrival). Taxing the rich will not happen in the now House and Senate republican controlled houses. That is nothing new. The Proposal to have a one time tax of 14% on domestic corporations that have been stuffing overseas coffers with billions without paying a dime in federal taxes is of course more offensive to those well heeled congress persons. Companies like G.E. ($110 billion), Microsoft ($74 billion), Pfizer ( $69 billion) and Apple ($54 billion) have been doing it for years and it is all above board and legal. Consider a little old lady who inherited a foreign account with $50, 000.00 in it when a great aunt died. She is taxed on the income from that account in the USA even if she spends not one cent. She may also end up doing hard time in a federal prison if she did not declare on her tax return both the income from that account and the fact she had an interest in such a foreign account. In light of the games corporations like the giants above seem to be allowed to play the old lady in a striped orange jumper seems unfair if not down right hypocritical. But that one time tax on corporate overseas stockpiles is also for the rubbish can and was just for our viewing pleasure. The country does need tax reform in the corporate area and the big companies want it. They’d like a simpler system just not anything that could in any way raise their tax bill and lower their bottom line.

IRS Audit Rates Down

     Nobody loves the IRS it seems. Poor folks over there ask, but do not receive. The stats show that money used to fund IRS activities is a solid investment returning a bunch of otherwise hidden dollars to the US treasury. But alas, ours is a political system and congress must answer to the public and to the private interests that butter its bread so…IRS will have its budget cut again and in some cases  to what it was in 2008. So while being asked to do more it will get fewer dollars to do it with. The added burden of policing the health care penalties will be a challenge. A five percent reduction in enforcement in the budget will result in a further drop in audits across the board and will bring the average audit rate to below 1% again. Lawyers who practice before IRS, moi included, will still be holding forever on calls and seeking agents who are working fewer hours. Matters will be more dicey as real questions about health care penalties hit the IRS which will be less than prepared for them. How is IRS dealing with a shrinking budget? The answer is to make tax preparers deputy agents. By leaning on them they get at the source of some filing and return issues. Creating new penalties and monitoring the preparers lets the IRS save budget dollars and still get some of the job done. Fraudulent claims on returns for earned income credit contribute as the #2 ranking source for improper payments made the government. The total of these improper payments amounts to a whopping $105.8 billion. That fact alone would seem to argue for increased IRS enforcement activity and a bigger budget.