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Tax Fraud Blotter: Beat this

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Let me pay that; W-2-timer; the early bird gets a cell; and other highlights of recent tax cases.

Kansas City, Missouri: Anthony M. Alford, 46, has been charged with making a hoax call that led to an IRS employee being detained and a local IRS office being locked down.

The federal criminal complaint alleges that Alford placed a call to emergency services, falsely claiming that an individual was armed and was threatening to shoot people in an IRS building. According to an affidavit filed in support of the complaint, Alford called 911 on Sept. 10, 2024, and reported that a person identified in court documents as “Victim One” had a gun and was threatening to shoot up the IRS building at 333 W. Pershing Road in Kansas City. The victim is an IRS employee.

Police were dispatched to the building, where they contacted IRS security and federal officers. The victim had been detained and searched for weapons based on the 911 call. Following the call, a wing of the IRS building was locked down and the IRS announced that there was an active shooter in the building.

The victim, who was unarmed, told investigators she had been dating Alford for about a month and was trying to break up with him. Alford had never been violent, she said, but had exhibited controlling, possessive and jealous behavior. Alford had repeatedly called and messaged her the previous night, she said, and earlier that morning sent her messages threatening to involve the police.

Investigators interviewed Alford afterward and he told them the victim did not threaten to shoot up the IRS Building, as he had said in the 911 call. His stated intention was to instigate trouble for the victim at work.

Alford remains in custody pending a detention hearing on Oct. 4.

Rolling Meadows, Illinois: Tax preparer Adam R. Oliva has admitted that he stole more than $1.1 million from more than 10 clients under the pretense that the money would be sent to the IRS and state revenue authorities to satisfy tax liabilities.

Oliva held himself out as a tax professional who did business under various names, including Oliva and Associates LLC and The Oliva Group LLC. Oliva admitted in a plea agreement that from 2015 to 2020, he fraudulently induced the clients to provide him with money for the purported purpose of paying their income taxes. Oliva instead kept the money for himself.

Oliva also admitted that he filed false returns on behalf of some of the clients, reflecting no or lower tax liabilities to make it less likely that the IRS would contact the clients about their unpaid tax liabilities.

Earlier this year, Oliva pleaded guilty in a separate fraud case for duping investors who had provided him with money to fund purported short-term loans to clients. Oliva promised the investors that they would receive returns of 10% to 20% on their investments when Oliva actually never intended to make any short-term loans. Instead, he pocketed the investors’ money and used it for personal expenses, including gambling, restaurants and retail purchases. Oliva faces up to 20 years in prison in this case when sentenced on Oct. 18.

He pleaded guilty to one count of wire fraud and one count of preparing a false return. The wire fraud count is punishable by up to 20 years in prison; the tax count carries a maximum of three years. Sentencing is Jan. 24.

Hands-in-jail-Blotter

Palm Springs, California: Resident William Mandel Musgrow has pleaded guilty to scheming to defraud the IRS out of more than $2.1 million via the issuing of fake W-2s and to fraudulently obtaining nearly $1 million of COVID-19 economic relief loans.

Musgrow used one of his business entities to issue fraudulent W-2s that represented to the IRS that the recipients were employed by his various businesses, received wages and had federal tax withheld from their paychecks, when, in fact, the W-2s either overstated the recipient’s income or were wholly fraudulent as the recipient either did not work for the business at all or had no federal income tax withheld from paychecks. Musgrow then would help the recipient file fraudulent federal income tax returns that utilized the bogus W-2s to generate an undeserved refund.

In total, Musgrow issued at least 87 fraudulent W-2s and assisted in the filing of at least 87 false income tax returns. These returns requested a total of $2,769,600 in refunds, and the IRS paid out $2,136,630.

From March to August 2020, Musgrow also submitted 14 fraudulent applications to the U.S. Small Business Association and banks for Paycheck Protection Program loans and Economic Injury Disaster Loans. In these applications, Musgrow lied about the number of employees to whom were paid wages, falsely certifying that the loan proceeds would be used for permissible business purposes, and, in some cases, that the businesses were legitimate, when in fact they were not operating in any fashion and had no employees.

Musgrow submitted a total of 14 fraudulent loan applications that requested more than $1.9 million. The SBA and lenders approved and funded many of the loans; Musgrow obtained some $970,000 in fraudulent proceeds.

Sentencing is Jan. 16. Musgrow will face up to 20 years in prison for wire fraud and three years for the tax fraud.

Austin, Texas: Resident Frank Richard Ahlgren III has pleaded guilty to filing a return that falsely underreported the capital gains he earned from selling $3.7 million in bitcoin. 

Between 2017 and 2019, he filed returns that underreported or did not report the sale of $4 million worth of bitcoin in which he had substantial gains. Ahlgren was an early investor in bitcoin: In 2015, he bought some 1,366 bitcoin when the virtual currency was valued at no more than $500 each. In October 2017, Ahlgren sold some 640 bitcoin for $3.7 million.

He then filed a federal return for 2017 that substantially inflated the cost basis of the bitcoin, underreporting his capital gain. In 2018 and 2019, Ahlgren also sold more than $650,000 worth of bitcoin and did not report those sales on either year’s return. 

He caused a federal tax loss exceeding $550,000.

Ahlgren faces up to three years in prison as well as a period of supervised release, restitution and monetary penalties.

Albuquerque, New Mexico: David Wellington has been sentenced to 40 months in prison for devising and operating a tax evasion scheme, and has been ordered to pay more than $5.5 million in restitution.

In January 2005, Wellington and Stacy Underwood founded National Business Services in New Mexico, specializing in creating LLCs for clients seeking to “beat the IRS” by evading taxes. Wellington focused on marketing and client development; Underwood managed corporate filings and bank accounts. The company obtained EINs for clients and opened bank accounts under Underwood’s signature authority.

From 2005 to 2015, they created 192 LLCs and opened 114 bank accounts, with some $41.7 million deposited into accounts under Underwood’s control, representing concealed income. One client, Jerry Shrock, had three LLCs formed by National Business while undergoing an IRS audit. Despite the audit, Shrock transferred his home into one of the LLCs to shield it from the government. Between 2011 and 2015, he deposited nearly $4.9 million into a bank account opened for one of his LLCs, concealing more than $4.3 million in income without ever filing returns.

Underwood previously pleaded guilty to conspiracy to defraud the United States; her sentencing is pending. She faces up to five years in prison to be followed by up to three years of supervised release. Shrock pleaded guilty to conspiracy to defraud the U.S. and was sentenced to five years of probation and ordered to pay $1,542,769.70 in taxes, interest and penalties.

Upon his release from prison, Wellington will be subject to three years of supervised release and is prohibited from ever running any business advising clients or dealing with the IRS.

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IRS reforms bring relief, but Trump win clouds future plans

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

The latest wave of changes out of the Internal Revenue Service includes a host of relief measures, from disaster assistance in the wake of Hurricane Milton to halting the practice of immediate penalties for late reports of foreign gifts and inheritance. But with the results of the presidential election, much is uncertain about the IRS’s path forward.

Throughout his campaign, Donald Trump made repeated pledges to institute tax breaks for caregivers, domestic car purchases and U.S. citizens living overseas, with further considerations towards excusing police officers, firefighters, and both current and retired military members from paying taxes.

Following Trump’s Nov.5 win, cementing his return to the White House in 2025, many across the accounting profession are now in a “wait and see” period to see which pledges, if any, he makes good on.”The Republicans’ control of the Senate makes it much more likely that Republicans will be able to implement many of Trump’s proposed tax policies, such as making parts of the expiring 2017 [Tax Cuts and Jobs Act] provisions permanent,” said John Gimigliano, principal in charge of the federal legislative & regulatory services group within KPMG’s Washington National Tax practice, in a statement.

Read more: Trump’s victory: What it means for taxes

Funding for the IRS has been a particular point of contention for the Republican party, as seen with reductions in backing from the Inflation Reduction Act of 2022.

“IRS funding is at significant risk right now,” including both “the annual appropriation funding as well as the remaining IRA funding,” said Rochelle Hodes, principal at Top 25 Firm Crowe LLP’s Washington National Tax Office.

“The only question for me on funding is, will any portion of the funding remain available for taxpayer service-related improvements at the IRS?” Hodes said.

Hodes went on to highlight the Tax Cuts and Jobs Act of 2017 as the first major priority for the incoming Trump administration, followed close behind by determining “how will the cost of that endeavor be determined,” she said.

“If the view that is held by several Senate Republicans wins the day, then the cost of extending the expiring provisions will not be counted under those particular budget rules that are created dealing with extending current policy. … If, however, that view is not adopted, then there is a high cost just to TCJA, and so any other provisions with cost will sort of stretch the boundaries of what many in Congress would be comfortable with,” Hodes said.

Read more: Trump win may threaten IRS funding

Below is a compilation of noteworthy items out of the IRS last month.

IRS is cutting late filers of foreign gift forms a break

Article by Michael Cohn

collins-erin-irs-aicpa-tax-conference.jpg

National Taxpayer Advocate Erin Collins speaking at the AICPA & CIMA National Tax and Sophisticated Tax Conference in Washington, D.C.

IRS executives announced last month that the agency will halt the automatic penalty process against taxpayers who delinquently file forms reporting foreign gifts and inheritance, following outcry from the American Institute of CPAs and National Taxpayer Advocate Erin Collins.

“By the end of the year the IRS will begin reviewing any reasonable cause statements taxpayers attach to late-filed Forms 3520 and 3520-A for the trust portion of the form before assessing any Internal Revenue Code § 6677 penalty,” Collins wrote in a blog post last month. 

The IRS followed up the change by emphasizing that it will begin reviewing the reasonable cause statements provided by taxpayers who late filed Forms 3520, Part IV, prior to assessing any penalties.”This favorable change will reduce unwarranted assessments and relieve burden on taxpayers by giving them the opportunity to explain their situation before the IRS assesses a penalty,” Collins said.

Read more: IRS offers penalty relief for late-filed foreign gift forms

IRS issues new benchmark for Sustainable Aviation Fuel Credit

Article by Jeff Stimpson

Guidance released by the IRS last month established the Sustainable Aviation Fuel Credit at $1.25 to $1.75 for each gallon of sustainable aviation fuel in a qualified mixture.

Qualified mixtures are required under the credit, which was created by the Inflation Reduction Act, to have a reduction of at least 50% in life cycle greenhouse gas emissions in order to be eligible.

This change is the most recent entry in the saga of the SAF credit, with other notable entries like Notice 2024-37 allowing fuel producers to employ the 40BSAF-GREET 2024 model when calculating their greenhouse gas emissions reduction percentage for the credits.

Read more: New rules for Sustainable Aviation Fuel Credit

Tax-exempt groups avoid filing requirement for 2023 corporate AMT form

Article by Michael Cohn

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The IRS and the Treasury Department granted a joint filing exception on Oct. 23 for tax-exempt organizations, excusing them from submitting a Form 4626, “Alternative Minimum Tax – Corporations,” for tax year 2023.

Both agencies said tax-exempt organizations, while not required to file, should still maintain a Form 4626 in their records as documented proof of whether or not they are indeed an applicable corporation for purposes of the AMT and if so, for determining any corporate AMT liability. Liable entities will need to pay the tax and record the amount paid on Part II, Line 5 of Form 990-T, “Exempt Organization Business Income Tax Return.”

Read more: Tax-exempt groups don’t need to file corporate AMT form for 2023

The return of PTIN season

Article by Jeff Stimpson

IRS headquarters

Bloomberg via Getty Images

The expiration date for tax professionals’ Preparer Tax Identification Numbers is close at hand.

Both tax professionals and Enrolled Agents have until Dec. 31 to renew or obtain their PTIN for 2025 at $19.75 for the service. Those who currently have a PTIN will be notified by the IRS’s Return Preparer Office of the deadline in the coming weeks.

Read more: PTIN renewal season kicks off

IRS releases annual inflation adjustments for 2025

Article by Michael Cohn

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The IRS issued its annual inflation adjustments on Oct. 22 for the 2025 tax year, featuring increases in standard deductions, tax credits, fringe benefits and more due to inflation.

These modifications are applicable to income tax returns filed in the 2026 tax season for the prior year with the agency’s Revenue Procedure 2024-40 outlining all of the changes to more than 60 tax provisions.

Featured dollar-amount changes that are of express importance to filers include standard deductions. 

For single taxpayers and married individuals filing separately for tax year 2025, the standard deduction climbs to $15,000 for 2025, an increase of $400 from 2024. For married couples filing jointly, the standard deduction rises to $30,000, an increase of $800 from tax year 2024. For heads of households, the standard deduction will be $22,500 for tax year 2024, an increase of $600 from the amount for tax year 2024.

Read more: IRS adjusts tax amounts for inflation for 2025

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How to Create an Effective Invoice Process for Small Businesses

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How to Create an Effective Invoice Process for Small Businesses

A well-designed invoice is crucial to ensuring timely payments, maintaining consistent cash flow, and building strong client relationships. Invoicing is more than just paperwork—it plays a key role in the financial health and professional image of a business. When invoices are clear and professional, they encourage prompt payments and minimize disputes. Poorly constructed invoices, however, can result in delays, misunderstandings, and even missed payments.

The Basics of Professional Invoicing

Crafting a professional invoice begins with the basics. Essential elements should include the business name, logo, and contact information. Each invoice should be assigned a unique invoice number—using a format like “2024-01-001” (year-month-number) helps in keeping them easily organized. Additionally, clearly stating the issue date and due date is vital for clarity.

Creating Clear Service Descriptions

A detailed service or product description is the core of an effective invoice. Specificity is key—list the quantities, rates, and applicable taxes for each item. Assuming that clients recall the details of a service can lead to confusion; clarity prevents disputes. Invoices should include subtotals for each category and a bold final amount due, ensuring that the payment amount is easily identifiable. Additionally, it’s crucial to outline accepted payment methods and provide clear instructions for how payments should be made.

Avoiding Common Invoicing Mistakes

Sending invoices to the wrong contact is a common error that can lead to unnecessary payment delays. Maintaining an up-to-date database of client billing contacts and payment preferences can prevent these issues. Confirming who is responsible for accounts payable before sending invoices is a prudent practice.

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Importance of Timing and Payment Options

The timing of invoice issuance can impact payment speed and client relations. Invoices should be sent promptly upon project completion to ensure timely payments. Establishing and adhering to a regular invoicing schedule fosters consistency and reduces delays.

Offering multiple payment options can further expedite payments. Clients often expect flexible and convenient payment methods. While digital payments like ACH transfers and credit cards may incur small fees, the benefits of faster payments usually outweigh the costs. Many businesses have seen significant reductions in average payment times by offering online payment solutions.

Leveraging Technology for Invoicing

Technology can greatly enhance the invoicing process. Reliable invoicing software can automate routine tasks such as issuing recurring invoices, sending payment reminders, and tracking outstanding payments. However, it is important to remember that technology is not infallible. Regular human oversight is necessary to identify potential errors that automated systems might overlook.

Essential Checklist for Invoice Accuracy

Consistency in the invoicing process is critical. Creating a checklist for invoice preparation can help maintain accuracy. Key items to verify include:

  • Confirming correct client details.
  • Checking all calculations for accuracy.
  • Ensuring the stated payment terms align with agreements.
  • Reviewing client preferences for invoice delivery.
  • Double-checking the applicable tax rates.

This checklist serves as a final review before sending any invoice to ensure it meets professional standards.

Implementing Effective Follow-up Procedures

Prompt follow-up on overdue payments is a necessary component of an effective invoicing system. Sending a gentle reminder around 15 days after the due date, followed by a firmer notice at 30 days, can often encourage payment without damaging client relationships. Maintaining a record of all communications related to payments is essential for clarity and documentation.

Conclusion

An efficient invoicing process not only facilitates timely payments but also reinforces professionalism, showing respect for both the business’s work and the client’s time. A clear, consistent, and well-maintained invoicing system directly impacts financial stability and client satisfaction. By focusing on accuracy, timing, and communication, businesses can significantly improve their cash flow and strengthen professional relationships with clients.

A successful invoicing strategy lies in keeping the process simple, ensuring consistency, and always maintaining a professional standard. This disciplined approach to invoicing contributes to better financial outcomes and more enduring client partnerships.

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PCAOB calls off NOCLAR standard for this year

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Facing a backlash from audit firms over its proposal to toughen the standards for failing to detect noncompliance with laws and regulations, the Public Company Accounting Oversight Board has decided to delay action on the standard this year.

The PCAOB proposed the so-called NOCLAR standard in June, with the goal of strengthening its requirements for auditors to identify, evaluate and communicate possible or actual noncompliance with laws and regulations, including fraud. However, the proposed standard provoked resistance from a number of auditing firms and state CPA societies like the Pennsylvania Institute of CPAs and spurred a comment letter-writing campaign organized by the Center for Audit Quality and the U.S. Chamber of Commerce that was supported by prominent business trade groups like the American Bankers Association, the Business Roundtable, the Retail Industry Leaders Association and more. 

Earlier this week, the PCAOB issued staff guidance outlining the existing responsibilities of auditors to detect, evaluate and communicate about illegal acts. The PCAOB was slated to finalize the NOCLAR standard by the end of this year, but after the election it has put the standard on hold for now, anticipating the upcoming change in the administration in Washington, D.C.

“Following the recent issuance of staff guidance, the PCAOB will not take additional action on NOCLAR this year,” said a PCAOB spokesperson. “We will continue engaging with stakeholders, including the SEC, as we determine potential next steps. As our process has demonstrated, the PCAOB is committed to listening to all stakeholders and getting it right.”

PCAOB logo - office - NEW 2022

One reason for the change of plans is that the PCAOB anticipates changes in the regulatory environment under the Trump administration, especially in the Securities and Exchange Commission, which would have to approve the final standard before it could be adopted. The Trump administration is likely to replace SEC chairman Gary Gensler, who has spearheaded many of the increased regulatory efforts at the Commission and encouraged the PCAOB to update its older standards and take a tougher stance on enforcement and inspections. President-elect Trump, in contrast, has promised to eliminate regulations, and Gensler’s push for increased regulation has attracted the ire of many in the financial industry.

According to a person familiar with the PCAOB process, no further action is expected until further consultation with the SEC under the incoming administration can take place. 

Questions have arisen over whether the PCAOB might decide to repropose the standard with modifications given the amount of opposition it has attracted. That is to be determined pending review of the comment letters that have been received, as well as a roundtable from earlier this year, along with responses from targeted inquiries from firms in their approach relating to NOCLAR. 

PCAOB board members Christina Ho and George Botic were asked about the NOCLAR proposal on Wednesday at Financial Executives International’s Current Financial Reporting Insights Conference, and Ho acknowledged the pushback. 

“We’ve heard strong opposition from the auditing profession, public companies, audit committees, investors, academics and others,” said Ho. “The PCAOB has received 189 individualized comments to date on that proposal. This proposal now has the third highest number of comment letters in the history of PCAOB. That did get a lot of attention. Commenters overwhelmingly called for a reproposal or withdrawal of the proposed standard so that that is definitely something that I am looking at a lot, and I also voted against the proposal. I have spoken to various stakeholders, including investors, audit committee chairs and members, and some preparers as well. The question I got asked repeatedly was, what problem is PCAOB trying to solve? And the people I spoke to believe that there have been improvements in financial reporting quality over the past 20 years, and that obviously is consistent with the CAQ study noting a consistent decline in restatements. While there’s always room for improvement, they noted that a balance is necessary between increased investor protection and increased auditor implementation costs that are ultimately passed on to issuers, and that the NOCLAR proposal lacks such a balance. That is what I have heard from the comment letters, so that pretty much summarizes what I have seen, and I’m still obviously thinking about it.”

Botic noted that the proposal came before he joined the board, but he referred to the staff guidance that had been issued earlier in the week by the PCAOB on the existing requirements.

Last week, the PCAOB updated its standard-setting and rulemaking agendas before the outcome of the election was known. Now with the uncertainty over the regulatory environment, the PCAOB is mindful of the difficulty of having the SEC decide on whether to approve it, especially if the five-member commission becomes evenly split among two Republican members and the two Democrats if Gensler departs or is ousted. The PCAOB feels the SEC needs adequate time to review and educate itself on the proposed standard, rather than having to jam it through a two-two commission, especially with the amount of engagement that will need to take place given such an important standard, according to a person familiar with the matter.

The PCAOB expects it to remain on the docket for 2025 but doesn’t want to try to jam it through this year. However, the PCAOB announced Friday that it has scheduled an open board meeting next Thursday, Nov. 21, on another proposed standard on firm and engagement metrics, which has also provoked pushback from many commenters, but is still slated to be finalized this year.

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