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Tax Fraud Blotter: No class

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Pushing 100 notices; nothing but the tooth; checking out; and other highlights of recent tax cases.

Le Roy, Minnesota: Tax preparer Craig Jacobson, 67, has been sentenced to two years of probation after pleading guilty to two felony counts of failure to collect and remit taxes, according to published reports. 

Jacobson was reportedly charged after the Minnesota Department of Revenue revealed that he failed to file multiple withholding returns, filed false withholding and federal returns, and failed to pay withholding taxes for four years.

In late 2020, the state began investigating Jacobson after learning about criminal tax violations occurring from 2015 to 2018, according to published reports. During that time, reports said, Jacobson was CEO of two companies — M&I Tax Accounting and C&C Tax Service Inc., both of which were registered with the state for corporation tax, sales and use tax, and withholding tax accounts.

From 2015 to 2016, M&I reportedly withheld taxes from employees’ wages but never turned those taxes in. The state of Minnesota sent more than 60 notices to M&I, reports added. From 2017 to 2018, C&C withheld taxes from its employees’ wages, but again, the state reportedly said no withheld taxes were paid despite tax authorities sending another 30 notices.

During the same period, Jacobson reportedly had substantial gambling winnings and losses but his returns showed no federal taxes reflecting this. A tax specialist for the state compared Jacobson’s individual returns that he filed for Minnesota with those he filed with the IRS. The two didn’t match, reports said.

News outlets added that before the plea deal Jacobson was charged with 10 felony counts of failing to file withholding tax returns, 10 felony counts of failing to pay withholding tax, four felony counts of filing false or fraudulent individual income tax returns and one felony count of filing a false withholding return.

Ft. Worth, Texas: A U.S. District Court has permanently barred tax preparer Ruben Gonzalez and anyone acting with him or at his direction from preparing federal returns for others. Gonzalez consented to the injunction.

Gonzalez is banned from using his business, “Sin Barreras Income Tax,” to prepare returns for others. The government’s complaint alleged that Gonzalez or those working for him significantly overstated clients’ refunds in a substantial number of returns prepared at the business from 2021 to 2023 by fabricating or inflating business losses, by fabricating charitable donation deductions and by falsely claiming energy credits and COVID family sick leave credits. The complaint alleges Gonzalez cost the U.S. more than $20 million in lost tax revenue from 2021 to 2023.

The injunction requires Gonzalez to notify each person for whom he or preparers at Sin Barreras prepared federal returns, amended returns or refund claims from 2021 to the present. Gonzalez must also post a copy of the injunction where he conducts business and post a statement on social media accounts and websites that he is barred from preparing returns.

Princeton Junction, New Jersey: Professor and pharmacy co-owner Gordian A. Ndubizu, 69, has been convicted of evading federal income taxes and filing false returns.

During tax years 2014 through 2017, he was a professor of accounting at a university in Pennsylvania as well as the co-owner of Healthcare Pharmacy in Trenton, New Jersey. Healthcare Pharmacy was organized as an S corporation, the income of which flowed through to Ndubizu and his wife and was to be reported on their personal income tax returns.

He prepared fraudulent books and records for Healthcare Pharmacy, inflating costs of goods sold to reduce and underreport the pharmacy’s profits flowing through to him and his wife. Among other falsehoods, Ndubizu identified certain wire transfers as payments to purchase goods sold by the pharmacy when these wire transfers were made to personal bank accounts under his control and to bank accounts in Nigeria associated with an automotive company under his control. 

Ndubizu’s returns for tax years 2014 through 2017 underreported his income and falsely reported that he had no financial interest in or signature authority over any foreign bank accounts. He failed to report some $3.28 million in income from the pharmacy, resulting in the evasion of some $1.25 million in tax.

Each count of tax evasion carries a penalty of up to five years in prison and a fine of $250,000. Each count of filing a false tax return carries a maximum of three years in prison and a fine of $250,000.

Hands-in-jail-Blotter

Hastings, Minnesota: Tax preparer Tania Fay Pryor, 37, has been sentenced to six months in jail for felony tax evasion, according to published reports.

Pryor, who reportedly once owned five H&R Block franchises and a daycare center, must also pay restitution and serve five years of probation.

Pryor was initially charged with 18 tax-related counts between 2006 and 2008 and owed more than $43,000 in unpaid taxes, reports said, adding that she pleaded guilty last May to four counts of failing to file returns or report her income and to two more charges of failing to pay taxes.

She reportedly failed to file returns or pay taxes, including for her former employees, though she deducted the money from their paychecks. According to cited state records, Pryor did not file withholding returns and tax deposits for her tax-preparing business for 2007 and 2008. A criminal complaint filed in a local county district court said Pryor owed more than $7,500 in withholding tax for 2006 for that business, according to reports.

Newark, New Jersey: Business owner Alain Rodrigues, 49, has admitted evading taxes through a check-cashing scheme.

Rodrigues owned and operated a construction company in Newark and Old Bridge, New Jersey, and beginning around 2017 deposited a portion of the payments from his customers into a business bank account; he then converted the balance to cash and money orders that he deposited in a personal bank account or used to pay cash wages to employees.

Rodrigues only reported the portion of the company’s revenue that was deposited in the business bank account on his business taxes and did not report the business revenue deposited directly into his personal bank account as income on his personal income taxes. The company, under his direction, also did not report to the IRS the cash wages it paid to employees nor collect or pay over employment taxes on these wages.

Rodrigues and his company paid $554,873 less than they owed in income taxes and failed to collect and pay over $793,139 in employment taxes, a total of some $1.35 million.

Sentencing is Dec. 19. Each count of tax evasion and failure to collect and pay over taxes carries a maximum of five years in prison and a $250,000 fine. As part of his plea agreement, Rodrigues has agreed to pay the government $1.35 million in restitution and to file amended returns. 

Pickerington, Ohio: Office manager Eric Moesle has pleaded guilty to failing to pay more than $750,000 in employment taxes and to failure to file returns. 

From 2014 through 2020, Moesle was the office manager for Elemental Dental in Pataskala, Ohio, where he oversaw payroll, bookkeeping and tax return prep. At Moesle’s direction, Elemental withheld Social Security, Medicare and income taxes from employees’ wages but did not pay over those taxes to the IRS nor file employment returns. During that time, the business also failed to pay over the employer’s share of those taxes.

Interviewed by the IRS in 2022, Moesle lied that he didn’t know that the employment taxes hadn’t been paid and that Elemental’s employment tax returns and W-2s hadn’t been filed; he also falsely stated these failures or omissions were unintentional. 

Moesle caused a federal tax loss of $760,255.

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Accounting

GASB issues guidance on capital asset disclosures

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The Governmental Accounting Standards Board issued guidance today that will require separate disclosures for certain types of capital assets for the purposes of note disclosures.

GASB Statement No. 104, Disclosure of Certain Capital Assets, also establishes requirements and additional disclosures for capital assets held for sale. 

The statement requires certain types of assets to be disclosed separately in the note disclosures about capital assets. The intent is to allow users to make better informed decisions and to evaluate accountability. The requirements are effective for fiscal years beginning after June 15, 2025, and all reporting periods thereafter, though earlier application is encouraged.

The guidance requires separate disclosures for four types of capital assets:

  1. Lease assets reported under Statement 87, by major class of underlying asset;
  2. Intangible right-to-use assets recognized by an operator under Statement 94, by major class of underlying asset;
  3. Subscription assets reported under Statement 96; and,
  4. Intangible assets other than those listed in items 1-3, by major class of asset.

Under the guidance, a capital asset is a capital asset held for sale if the government has decided to pursue the sale of the asset, and it is probable the sale will be finalized within a year of the financial statement date. A government should disclose the historical cost and accumulated depreciation of capital assets held for sale, by major class of asset.

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Accounting

On the move: RRBB hires tax partner

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Suha Uddin

BRIAN BOUMAN MEMORY CREATIO

Suha Uddin was hired as a tax partner at RRBB Advisors, Somerset. 

Sax, Paterson, announced that its annual run/walk event SAX 4 Miler, supporting the Child Life Department at St. Joseph’s Children’s Hospital in Paterson, has achieved $1 million in total funds raised since its inception in 2012.    

Withum, Princeton, rolled out a new outsourcing service offering as part of its sustainability and ESG practice designed to help companies comply with the European Corporate Sustainability Reporting Directive, the mandate requires reporting of detailed sustainability performance as it pertains to the European Sustainability Reporting Standards , effective January 2023.

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Armanino takes on minority investment from Further Global

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Top 25 Firm Armanino LLP has taken on a strategic minority investment from private equity firm Further Global Capital Management.

The deal, which closed today, is the latest in the series of investments by private equity in large accounting firms that began in 2021 — but with a key difference, Armanino CEO Matt Armanino told Accounting Today.

“What’s maybe the punchline here — what’s really unique, I think — is that we wanted to focus on a minority investment that allowed us to retain not just operational control of the business, but ownership control of the business,” he said. “Those are some of the guiding principles that we’ve been thinking about over the last number of years, and we felt like if we could accomplish those things strategically with the right partner, it would really be just a home run, and that’s where we think we’ve landed.”

As is common with CPA firms taking on private equity investment, Armanino LLP will restructure to an alternative practice structure, splitting into two independently owned and governed professional-services entities: Armanino LLP, a licensed CPA firm wholly owned by individual CPAs, will provide attest services to clients, and Armanino Advisory LLC, a consulting and advisory firm, will perform non-attest services.

Inside the deal

As have many large firms, Armanino LLP had been looking at private equity for some time.

“We’ve been analyzing the PE trend over the last few years and our discussions with Further Global actually began several years ago, and along the way we confirmed our initial inclination that Further Global would be a great partner for us,” CEO Armanino said.

“We had the opportunity to meet with dozens of leading private equity firms,” he explained. “Ultimately we concluded that Further Global would be the best partner for us based on their expertise in partnering with professional service businesses in particular, and our desire for a minority deal structure.”

Matt Armanino
Matt Armanino

Robert Mooring

While citing Further Global’s “deep domain expertise” in financial services and business services firms, Armanino noted that this would be the PE firm’s first foray into the accounting profession: “This is their first accounting firm deal, and I think they’re only focused on this one at this time.”

An employee-owned PE firm, Further Global invests in companies in the business services and financial services industries, and has raised over $2.2 billion of capital.

Guggenheim Securities LLC served as the financial advisor and sole private placement agent to Armanino LLP, while Hunton Andrews Kurth LLP acted as its legal counsel. Further Global was advised by Pointe Advisory, with Kirkland & Ellis as legal counsel.

“Armanino ranks as high as any CPA firm in the country with the private equity community,” commented Allan Koltin, CEO of Koltin Consulting Group, who has advised Armanino for over two decades. “Their deal with Further Global fit just like a glove. They will keep control and now have the capital structure to compete on the biggest of stages.”

Internally, the Armanino partner group was unanimous in its support for the deal — and in its insistence on only selling a minority stake.

“We’ve had transparent discussions at the leadership level around not only adding an outside investor, but we knew very early on that a minority investment was the best path forward for us, and we were very excited that there was unanimous support from the entire partnership group around that decision,” Armanino said. “This structure is also going to allow the long-term owners and partners of Armanino to maintain full control over our day-to-day operations, and the proud culture that we’ve built.”

“No other firm in the Top 25 has a structure like this, and I think that’s pretty significant,” he added.

Capital plans

The goal of the deal is to give Armanino the capital it needs to take itself to a new level of growth while also addressing some of the most pressing challenges in accounting: investing in technology, pursuing inorganic growth through M&A, and attracting and retaining talent.

The firm has always been tech-forward, and recently has been a major pioneer in artificial intelligence.

“The capital will enable us to fast-track our investments in advanced technology solutions, particularly AI,” said Matt Armanino. “We’ve seen growing desire from our clients to deploy real applications for AI solutions. And while we’ve been at the forefront of automation and AI since the early days, with the development of our AI Lab a few years ago, innovative AI-driven solutions that address our clients’ most urgent challenges remain a top priority for us.”

Beyond technology investments, the firm plans to continue its aggressive M&A strategy, which has brought on 19 acquisitions since 2019.

“Those transactions have allowed us to expand our capabilities and enter into new markets and drive greater value to our clients,” said Armanino. “And we think we can accelerate that now with this capital structure that we have.”

All that M&A has brought the firm a lot of fresh talent, but no firm these days has enough, and that’s a third purpose for the new capital.

“We think there remains a lot of ripe talent across the country out there,” he said. “I think the capital will support our efforts to attract, retain, develop and reward top talent by investing in people who drive our entrepreneurial spirit here at the firm.”

The deal will allow the firm to reward top talent, for instance through equity plans that allow them to extend the firm’s ownership culture beyond the partner group that it has traditionally been restricted to.

“In many cases, for our most senior employees today, there’s not a natural mechanism to align their effort to the success of the firm to the growth of our enterprise value and how that ultimately rewards them,” explained Armanino. “And we are very excited that we have new mechanisms, and plans in place, that are going to allow us to do that very well, and effectively push down the benefits of ownership and that ownership culture to our most senior employees.”

“Finally,” he added, “speaking to our innovative culture — and that’s a big part of our brand — the capital will empower us to say ‘Yes’ more frequently to great ideas, to entrepreneurial ideas and initiatives that truly make a difference for our clients and set us apart as a leader in this industry.”

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