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Tax Fraud Blotter: Partners in crime

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Captive audience; some disagreement; game of 21; and other highlights of recent tax cases.

Barrington, Illinois: Tax preparer Gary Sandiego has been sentenced to 16 months in prison for preparing and filing false returns for clients. 

He owned and operated the tax prep business G. Sandiego and Associates and for 2014 through 2017 prepared and filed false income tax returns for clients. Instead of relying on information provided by the clients, Sandiego either inflated or entirely fabricated expenses to falsely claim residential energy credits and employment-related expense deductions.

Sandiego, who previously pleaded guilty, caused a tax loss to the IRS of some $4,586,154. 

He was also ordered to serve a year of supervised release and pay $2,910,442 in restitution to the IRS.

Ft. Worth, Texas: A federal district court has entered permanent injunctions against CPA Charles Dombek and The Optimal Financial Group LLC, barring them from promoting any tax plan that involves creating or using sham management companies, deducting personal non-deductible expenses as business expenses or assisting in the creation of “captive” insurance companies.

The injunctions also prohibit Dombek from preparing any federal returns for anyone other than himself and Optimal from preparing certain federal returns reflecting such tax plans. Dombek and Optimal consented to entry of the injunctions.

According to the complaint, Dombek is a licensed CPA and served as Optimal’s manager and president. Allegedly, Dombek and Optimal promoted a scheme throughout the U.S. to illegally reduce clients’ income tax liabilities by using sham management companies to improperly shift income to be taxed at lower tax rates, improperly defer taxable income or improperly claim personal expenses as business deductions. As alleged by the government, Dombek also promoted himself as the “premier dental CPA” in America.

The complaint further alleges that in promoting the schemes, Dombek and Optimal made false statements about the tax benefits of the scheme that they knew or had reason to know were false, then prepared and signed clients’ returns reflecting the sham transactions, expenses and deductions.

The government contended that the total harm to the Treasury could be $10 million or more.

Kansas City, Missouri: Former IRS employee Sandra D. Mondaine, of Grandview, Missouri, has pleaded guilty to preparing returns that illegally claimed more than $200,000 in refunds for clients.

Mondaine previously worked for the IRS as a contact representative before retiring. She admitted that she prepared federal income tax returns for clients that contained false and fraudulent claims; the indictment charged her with helping at least 11 individuals file at least 39 false and fraudulent income tax returns for 2019 through 2021. Mondaine was able to manufacture substantial refunds for her clients that they would not have been entitled to if the returns had been accurately prepared. She charged clients either a fixed dollar amount or a percentage of the refund or both.

The tax loss associated with those false returns is some $237,329, though the parties disagree on the total.

Mondaine must pay restitution to the IRS and consents to a permanent injunction in a separate civil action, under which she will be permanently enjoined from preparing, assisting in, directing or supervising the preparation or filing of federal returns for any person or entity other than herself. She is also subject to up to three years in prison.

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Los Angeles: Long-time lawyer Milton C. Grimes has pleaded guilty to evading more than $4 million in federal taxes over 21 years.

Grimes pleaded guilty to one count of tax evasion relating to his 2014 taxes, admitting that he failed to pay $1,690,922 to the IRS. He did not pay federal income taxes for 23 years — 2002 through 2005, 2007, 2009 through 2011, and 2014 through 2023 — a total of $4,071,215 owed to the IRS. Grimes also admitted he did not file a 2013 federal return.

From at least September 2011, the IRS issued more than 30 levies on his personal bank accounts. From at least May 2014 to April 2020, Grimes evaded payment of the outstanding income tax by not depositing income he earned from his clients into those accounts. Instead, he bought some 238 cashier’s checks totaling $16 million to keep the money out of the reach of the IRS, withdrawing cash from his client trust account, his interest on lawyers’ trust accounts and his law firm’s bank account.

Sentencing is Feb. 11. Grimes faces up to five years in federal prison, though prosecutors have agreed to seek no more than 22 months.

Sacramento, California: Residents Dominic Davis and Sharitia Wright have pleaded guilty to conspiracy to file false claims with the IRS.

Between March 2019 and April 2022, they caused at least nine fraudulent income tax returns to be filed with the IRS claiming more than $2 million in refunds. The returns were filed in the names of Davis, Wright and family members and listed wages that the taxpayers had not earned and often listed the taxpayers’ employer as one of the various LLCs created by Davis, Wright and their family members. Many of the returns also falsely claimed charitable contributions.

Davis prepared and filed the false returns; Wright provided him information and contacted the IRS to check on the status of the refunds claimed.

Davis and Wright agreed to pay restitution. Sentencing is Feb. 3, when each faces up to 10 years in prison and a $250,000 fine.

St. Louis: Tax attorneys Michael Elliott Kohn and Catherine Elizabeth Chollet and insurance agent David Shane Simmons have been sentenced to prison for conspiring to defraud the U.S. and helping clients file false returns based on their promotion and operation of a fraudulent tax shelter.

Kohn was sentenced to seven years in prison and Chollet to four years. Simmons was sentenced to five years in prison.

From 2011 to November 2022, Kohn and Chollet, both of St. Louis, and Simmons, who is based out of Jefferson, North Carolina, promoted, marketed and sold to clients the Gain Elimination Plan, a fraudulent tax scheme. They designed the plan to conceal clients’ income from the IRS by inflating business expenses through fictitious royalties and management fees. These fictitious fees were paid, on paper, to a limited partnership largely owned by a charity. Kohn and Chollet fabricated the fees.

Kohn and Chollet advised clients that the plan’s limited partnership was required to obtain insurance on the life of the clients to cover the income allocated to the charitable organization. The death benefit was directly tied to the anticipated profitability of the clients’ businesses and how much of the clients’ taxable income was intended to be sheltered.

Simmons earned more than $2.3 million in commissions for selling the insurance policies, splitting the commissions with Kohn and Chollet. Kohn and Chollet received more than $1 million from Simmons.

Simmons also filed false personal returns that underreported his business income and inflated his business expenses, resulting in a tax loss of more than $480,000.

In total, the defendants caused a tax loss to the IRS of more than $22 million.

Each was also ordered to serve three years’ supervised release and to pay $22,515,615 in restitution to the United States.

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Accounting

Government Accountability offices scrutinizes Inflation Reduction Act enforcement

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The U.S. Government Accountability Office created a list of questions for policymakers’ oversight of the energy tax expenditures in the Inflation Reduction Act of 2022.

The report, published today, describes selected features and effective dates of each IRA energy tax expenditure, the implementation status and data of each expenditure as of January 2025, and questions to aid the oversight of the expenditures.

The 21 energy-related tax expenditures, which includes 20 credits and one deduction, cover a range of subjects such as clean vehicles, clean energy infrastructure, electricity generation and energy efficient buildings. The Joint Committee on Taxation estimates the expenditures may result in at least $200 billion less in revenue collected between 2022 and 2031. 

Tax forms

The GAO has long recommended greater scrutiny of tax expenditures. For example, in 2005, it recommended that the Office of Management and Budget produce a framework for reviewing the performance of tax expenditures.

“However, as of January 2025, the recommendation has not been implemented, limiting policymakers’ ability to regularly review their effectiveness,” the GAO wrote in its report. “Periodic reviews could help determine how well specific tax expenditures work to achieve their goals and how their benefits and costs compare to those of direct spending programs with similar goals. Since the IRA tax expenditures represent a substantial federal commitment, oversight questions can help provide useful scrutiny.”

The questions the GAO proposed regard evaluating effectiveness: Have the relevant agencies identified which tax expenditures contribute to their agency goals? What information are agencies reporting on the use and effects of the tax expenditure and how does that information relate to goals and measures? And what roles do agencies, including the Department of the Treasury and the Office of Management and Budget, have in overseeing the evaluation of the expenditure?

Other questions regard assessing administration: What have agencies done to minimize the burden associated with planning, recordkeeping, reporting and other compliance costs for taxpayers? What policies and processes does the IRS use to identify tax expenditure fraud risk? And what challenges, if any, have responsible agencies experienced in coordinating the implementation or administration of the expenditure? 

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Accounting

Art of Accounting: Top 100 10-year comparison

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Complimentary Access Pill

Enjoy complimentary access to top ideas and insights — selected by our editors.

Public accounting is a growing profession. The growth from 2015 to 2025 in revenues was 125% and in total personnel 113%. These are real numbers and vitiate what the naysayers claim about the doom and gloom of the profession.

Last week I provided an analysis of the Top 100 numbers that appeared in the March 2025 issue. What I did was actually simple and was typical of what I do for clients and teach my students. Rather than accepting the aggregate numbers, I look beneath them. In this situation I did a few things. I broke the total amounts into three groups based on revenues and used that to analyze the relative performance of the three groups, and I think I came up with some reasonable conclusions. You can look at last week’s issue to see what they were.

This week I looked at the changes over the last 10 years and will discuss some of my observations here. The revenue growth was impressive, but it came primarily from the group of 12 and then the other 84, with the lowest percentage increase from the Big Four. Also the growth of employees was the lowest for the Big Four and greatest for the group of 12. To see what this means, I looked at the revenue per employee. The Big Four’s revenue per employee was virtually flat, indicating no growth, which I translate as stagnant efficiency or effectiveness. That would seem to retard profit growth. Running a business with a growing top line and presumably a large growth in technology usage but flat revenues per employee does not make sense. 

Top 100 Firms – 2025 compared to 2015 selected data
Data from Accounting Today 2025 and 2015 Top 100 Firms issues
Data compiled by Edward Mendlowitz, CPA
Partner %
$ revenues Total to total
2025 millions Offices Partners employees employees
Big Four 91,046 389 17,172 352,620 4.87%
Next 12 23,918 718 8,309 95,374 8.71%
Remaining 84 16,165 1,043 7,578 70,914 10.69%
Total 131,130 2,150 33,059 518,908 6.37%
% of Big Four to total 69.43% 18.09% 51.94% 67.95%
% of Next 12 to total 18.24% 33.40% 25.13% 18.38%
% of Other 84 to total 12.33% 48.51% 22.92% 13.67%
2015
Big Four 43,402 360 10,234 167,557 6.11%
Next 12 8,315 491 3,786 40,201 9.42%
Remaining 84 6,519 626 3,749 35,331 10.61%
Total 58,236 1,477 17,769 243,089 7.31%
% of Big Four to total 74.53% 24.37% 57.59% 68.93%
% of Next 12 to total 14.28% 33.24% 21.31% 16.54%
% of Other 84 to total 11.19% 42.38% 21.10% 14.53%
10-year change
Big Four 47,644 29 6,938 185,063 -1.24%
Next 12 15,603 227 4,523 55,173 -0.71%
Remaining 84 9,646 417 3,829 35,583 0.08%
Total 72,893 673 15,290 275,819 -0.94%
% of Big Four to total 109.77% 8.06% 67.79% 110.45%
% of Next 12 to total 187.65% 46.23% 119.47% 137.24%
% of Other 84 to total 147.96% 66.61% 102.13% 100.71%
% of Total change 125.17% 45.57% 86.05% 113.46%
2025 Percentages of services
A&A Tax MAS/Other
Big Four 28.50% 24.00% 47.75%
Next 12 33.50% 35.67% 30.75%
Remaining 84 30.25% 37.17% 32.58%
2015
Big Four 35.00% 25.75% 39.25%
Next 12 42.67% 31.92% 25.42%
Remaining 84 38.23% 35.13% 26.64%
10-year change
Big Four -6.50% -1.75% 8.50%
Next 12 -9.17% 3.75% 5.33%
Remaining 84 -7.98% 2.04% 5.95%
Revenue Revenue
per per
2025 partner employee
Big Four 5,302,003 258,199
Next 12 2,878,609 250,785
Remaining 84 2,133,179 227,955
Total 3,966,532 252,703
2015
Big Four 4,240,962 259,028
Next 12 2,196,241 206,835
Remaining 84 1,738,968 184,523
Total 3,277,413 239,568
10-year change
Big Four 1,061,042 -830
Next 12 682,367 43,950
Remaining 84 394,211 43,432

However, there was significant growth in revenues per employee in the other groups. I did not use percentages, but dollars of growth. Both of the other groups had similar growth of about $43,000 annual revenue per employee. Looking at the overall total of $13,000 per employee does not provide any insights other than macro growth for the Top 100. If I were managing a Big Four firm, I would seriously look at this. I did not look at each of the Big Four separately. I could have but do not want to make a career out of this as my aim is to provide insights and comparative data to readers. 

Another thing I want to point out is a reiteration of what I wrote last week about the MAS grouping of the Group of 12 being closer to the remaining 84 than the Big Four. Looking at this from 2015 indicates that the MAS group grew similarly to the two smaller groups, while the Big Four grew significantly. Also the A&A for all three declined as a percentage of revenues, while the taxes grew for the group of 12.

I also want to point out that using aggregate data doesn’t usually provide the information clients need. And my “teaching” self wants to inject a lesson here that what I did here can be done for every one of your clients. I do it, and so can you.

A final observation. Last week I provided the average revenues and staffing of the bottom five firms. That was 64.5 million revenues and 312 total employees. Ten years ago, these were $33.2 million and 201 total employees. Revenues almost doubled and headcount grew 50%. This indicates growth with much more efficiency and effectiveness or better pricing. The revenue growth was below each of the three groups, but the lower headcount growth is very impressive. Better numbers could be obtained by segmenting into more groups. Do that if you want. This is a column for accountants with the purpose of providing a method of looking at data more effectively. When I advise my clients, I work out the right data to advise them with. One suggestion for those running an accounting practice in the Top 100 is to look at the five firms above and below you and see how you are doing. Then look further above and consider setting that as a goal.

There is a lot more to do. There always is a lot more to do. Use this and last week’s charts and the Top 100 list and figure out what works for you. Use my process to look beyond the primary chart and come up with helpful observations. And this process should be applied to your business clients.

Do not hesitate to contact me at [email protected] with your practice management questions or about engagements you might not be able to perform. 

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Trump tax bill advances after deal for faster Medicaid cuts

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A key House committee advanced President Donald Trump’s giant tax and spending package after Republican hardliners won agreement from party leaders to speed up cuts to Medicaid health coverage.

The vote in the House Budget Committee paves the way for passage of the legislation as soon as Thursday, House Republican leadership aides said Monday. 

The late Sunday night committee vote followed a weekend of negotiations with four ultraconservatives on the panel who on Friday joined with Democrats to reject the legislation. Those hardliners instead abstained on Sunday and voted present, allowing the bill to advance.

Representative Chip Roy of Texas, one of the four hardliners, said party leaders agreed to move up Medicaid work requirements expected to kick millions of beneficiaries off the health coverage program and more quickly phase out clean energy tax breaks.

But Roy still expressed dissatisfaction, saying the measure “does not yet meet the moment.” Roy and the House Freedom Caucus said in posts on X they are hoping to win additional cuts before the bill comes up for a vote on the House floor.

Budget Committee Chairman Jodey Arrington said he didn’t know what changes the party leaders had agreed to make. The changes will be added later, before the legislation is voted on by the full House.

House Speaker Mike Johnson told reporters “there’s a lot more work to do” on the tax bill but said he would push on Medicaid work requirements “to make it happen sooner, as soon as possible.” 

On Monday, House Majority Leader Steve Scalise told CNBC that work requirements would start in 2027, two years earlier than the timeframe in the draft legislation. But the Republican leadership staff later said that the date has not yet been settled.

Republicans broadly agree about imposing work requirements on Medicaid, the leadership aides told reporters. The discussion is around the start date, the people said. Republicans are also continuing to discuss the cap on the state and local tax deduction and when clean energy credits will phase out, they said.

There is strong support among Republicans for the tax cuts at the core of the package, providing an impetus to work out political differences.

But the House panel’s initial rejection of the legislation and the two-day impasse was an embarrassing setback for Republican leaders on their top legislative priority, highlighting ferocious infighting among party factions over components of the sprawling multi-trillion dollar fiscal package.

Trump fulminated against the ultraconservatives on social media Friday after they blocked the legislation, accusing them of “grandstanding” demands.

“It’s essential that every Republican in the House and the Senate unites behind President Trump and passes this popular and essential legislative package,” White House Press Secretary Karoline Leavitt told reporters Monday morning.

She added that Trump plans to be “very engaged” as the bill moves through Congress and will likely call members directly if they are waffling on their support for the bill.

More turbulence may lay ahead as the legislation proceeds toward a vote by the full House and then consideration in the Senate, where the deeper Medicaid cuts the hardliners demanded as well as other provisions face scrutiny, if not outright opposition.

Republicans from high-tax states such as New York, New Jersey and California have threatened to defeat the legislation unless they get a higher limit on the federal income tax deduction for state and local taxes. 

Deficit worries and long-term interest rates approaching 5% have enhanced a campaign by the party’s right flank to seek deeper cuts to government spending. Those concerns were highlighted on Friday evening when Moody’s lowered the U.S. credit rating to Aa1 from Aaa.

If the House does pass a version of their bill, more obstacles await in the Senate.

Senator Josh Hawley, a Missouri Republican, has said he would not vote for the House measure’s cuts to Medicaid benefits and points to cutting prescription drug prices as a better way to gain savings.

The bill’s Medicaid cuts could also face skepticism from moderate Republicans, including Susan Collins of Maine and Lisa Murkowski of Alaska — who helped defeat Trump’s effort to repeal the Affordable Care Act in 2017. 

Still other senators, including Thom Tillis of North Carolina, whose state has billions in green energy projects already built or in the works, want a more gradual phase-out of Biden administration clean-energy tax incentives.

As initially unveiled by House Republicans, many clean energy credits would begin to phase out in 2029.

The tax breaks, which include incentives for wind and solar power, nuclear power and other sources of clean energy, have been ripe targets for lawmakers looking to offset the cost of extending Trump’s cuts.

Others, like the tax credit for electric vehicles, would in most cases phase out starting at the end of 2025.

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