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Tax Fraud Blotter: Blessed is the weed

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Not so Fussy; that’s a wrap; at sea, in the air and on the road; and other highlights of recent tax cases.

Rochester, New York: Business owner Scott Reeves, of Victor, New York, has pleaded guilty to tax evasion.

Reeves owns Fussy Contracting Inc., a.k.a. Mr. Fussy, a roofing business that operated out of Rochester during tax years 2017 through 2022. After providing roofing services to residential and commercial customers, Fussy was paid primarily with checks that Reeves deposited to bank accounts and cashed at a local check casher.

For 2017 through 2022, Reeves failed to file his individual income tax returns, as well as the returns for the corporation, which resulted in no taxes being paid on the profits; he failed to report gross receipts totaling $5,398,008.27. After paying material expenses, labor expenses and check cashing fees, he kept the remaining $1,538,215, resulting in a tax loss of $248,394 to the IRS.

Sentencing is March 3. The charge carries a maximum of five years in prison and a $250,000 fine.

Medford, Oregon: Steven Shirley has been sentenced to two years in prison and five years of supervised release for illegally producing marijuana and filing false returns with the IRS.

Beginning in 2012, Shirley began purchasing properties in Cave Junction, Oregon, as president and minister of Earth Peoples Park, a religious nonprofit. Shirley leased the land to third parties and used profits from the lease to purchase additional properties. By 2019, Shirley, through Earth Peoples, owned or co-owned 21 properties in Josephine County, Oregon, and received at least $400,000 a year through leases.

In September 2019, investigators from the Josephine Marijuana Enforcement Team identified 16 of the properties as having large, unlicensed marijuana operations. Law enforcement later seized more than 15,000 marijuana plants and nine firearms and determined that a portion of Bureau of Land Management lands were used for these operations.

Investigators learned Shirley not only employed and directed staff to illegally grow and harvest marijuana, but he also sold and delivered the marijuana. In 2021, agents executed search warrants on 11 Earth Peoples properties and discovered Shirley continued to illegally manufacture and sell marijuana; agents also seized additional firearms.

IRS agents also reviewed the religious organization’s tax-exempt status and Shirley’s personal tax records from 2015 to 2018. They determined that Earth Peoples did not qualify as a religious organization and that Shirley used it as a for-profit land-management company. Agents also learned that Shirley intentionally underreported lease income by more than $1 million, resulting in more than $290,000 in unpaid taxes.

Shirley, who pleaded guilty in March, was also ordered to pay $290,291 in restitution to the IRS and $12,896 in restitution to the Bureau of Land Management.

Cedar Hills, Utah: Former resident and film company owner Paul Kenneth Cromar has been sentenced to six years in prison for tax evasion and for forcibly retaking property that had been seized to pay outstanding tax debt.

He owned a home in Cedar Hills and operated Blue Moon Productions, a freelance film and media production company. From 1999 through 2005, he filed no federal income tax returns and paid no tax. In 2005, the IRS audited and assessed him $703,266.96 in taxes, interest and penalties.

For more than a decade after, Cromar made no payments towards his debt and instead took steps to obstruct the IRS collection of his taxes. In 2019, a judge ordered that Cromar’s home be sold at auction to satisfy his tax obligations, which by then had ballooned to over $1 million.

Cromar filed false documents on the property’s title and with the IRS, including a false promissory note, and tried to intimidate potential buyers of the home and harassed IRS personnel by filing frivolous personal lawsuits. Shortly before the sale closed, Cromar broke into the home and attempted to reclaim it. With the help of others, he occupied the home unlawfully for five months, fortifying it with firearms, sandbags and wooden boards.

Cromar, who was previously convicted, was also ordered to serve three years of supervised release and to pay some $723,028.65 in restitution to the United States.

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Stuart, Florida: Businessman Matthew Brown has pleaded guilty to not paying employment taxes withheld from his employees’ pay, and to filing a false return.

Brown owned and operated area businesses including Elite Payroll, which provided services including withholding Social Security, Medicare and federal income taxes from the wages of clients’ employees and then paying over those funds to the IRS. 

Between 2014 and 2022, Brown did not pay more than $20 million in taxes withheld from clients of Elite Payroll and from other businesses he controlled. He charged his clients the full amount of their tax liabilities, filed federal returns substantially underreporting those liabilities and pocketed the difference, buying real estate, including his multimillion-dollar home, and such luxury items as a yacht, an aircraft and high-end cars.

The federal tax loss exceeded $22 million. Brown faces up to five years in prison, a period of supervised release, restitution and monetary penalties. 

Verona, Virginia: Former business owner Richard E. Moore has pleaded guilty to not accounting for and paying employment taxes to the IRS.

Moore was executive vice president and part owner of Nexus Services, which offered bond securitization and other services to immigrants detained by U.S. Immigration and Customs Enforcement. Moore was responsible for withholding taxes from Nexus employees’ wages and paying the money over to the IRS and for filing quarterly employment tax returns.

For many quarters between 2015 and 2024, he withheld the funds but did not pay them over to the IRS and did not file the returns, causing a federal tax loss of some $3.1 million.

He faces a maximum of five years in prison for each count of failing to pay employment taxes, as well as a period of supervised release, restitution and monetary penalties. 

San Antonio: Business owner Belinda Jo Juarez, of Boerne, Texas, has been sentenced to three years in prison for embezzling employee insurance premiums and for tax evasion.

Juarez was the majority owner and CEO of Superior Home Health Service, a health care company that offered employees the option to enroll in an employee health insurance plan. Beginning around August 2017, Juarez knowingly caused her company to stop remitting insurance payments to the providers but continued to withhold contributions from employee paychecks, even after insurance providers canceled their contracts as the result of non-payment. The employees, some of whom had incurred medical bills, were not informed that their insurance coverage had been cancelled or was inactive.

As part of the sentence, Juarez was ordered to pay $617,738.65 in restitution to former employees for improperly withheld premiums and resultant medical debts.

Juarez was also sentenced on one count of willful failure to collect or pay over tax for withholding federal payroll tax contributions from her employees’ paychecks and failing to remit the funds to the IRS for periods between 2016 and 2019. The sentence accounted for more than $1 million in personal income tax liability.

In total, Juarez was sentenced to pay $3,667,098.88 in restitution to the IRS. She was also fined $20,000 and will serve three years of supervised release.

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Lutnick’s tax comments give cruise operators case of deja vu

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Cruise operators may yet avoid paying more U.S. corporate taxes despite threats from U.S. Commerce Secretary Howard Lutnick to close favorable loopholes. 

Lutnick’s comments on Fox News Wednesday that U.S.-based cruise companies should be paying taxes even on ships registered abroad sent shares lower, though analysts indicated the worry may be overblown.

“We would note this is probably the 10th time in the last 15 years we have seen a politician (or other DC bureaucrat) talk about changing the tax structure of the cruise industry,” Stifel Managing Director Steven Wieczynski wrote in a note to clients. “Each time it was presented, it didn’t get very far.”

Industry shares fell sharply Thursday. Royal Caribbean Cruises Ltd. closed 7.6% lower, the largest drop since September 2022. Peers Carnival Corp. and Norwegian Cruise Line Holdings dropped by at least 4.9%.

All three continued slumping Friday, trading lower by around 1% each.

Cruise companies often operate their ships in international waters and can register those vessels in tax haven countries to avoid some U.S. corporate levies. It’s exactly those sorts of practices with which Lutnick has taken issue. 

“You ever see a cruise ship with an American flag on the back?,” Lutnick said during the interview which aired Wednesday evening. “They have flags like Liberia or Panama. None of them pay taxes.”

“This is going to end under Donald Trump and those taxes are going to be paid.” He also called out foreign alcohol producers and the wider cargo shipping industry. 

The vessels are embedded in international laws and treaties governing the wider maritime trades, including cargo shipping. Targeting cruise ships would require significant changes to those rule books to collect dues from the pleasure crafts, analysts noted. The cruise industry represents less than 1% of the global commercial fleet, according to Cruise Lines International Association, an industry trade group.

They also pay significant port fees and could relocate abroad to avoid new additional taxes, according to Wieczynski, who sees the selloff as a buying opportunity. 

“Cruise lines pay substantial taxes and fees in the U.S. — to the tune of nearly $2.5 billion, which represents 65% of the total taxes cruise lines pay worldwide, even though only a very small percentage of operations occur in U.S. waters,” CLIA said in an emailed statement. 

Should increased taxes come to pass, the maximum impact to profits would be 21% on US earnings, Bernstein senior analyst Richard Clarke wrote in a note. That hit wouldn’t be enough to change their product offerings, though it may discourage future investment. Recently, U.S. cruise companies have spent billions beefing up their operations in the U.S. and Caribbean. 

Cruise lines already employ tax mitigation teams that would work to counteract attempts by the U.S. to collect taxes on revenue generated in international waters, wrote Sharon Zackfia, a partner with William Blair.

Royal Caribbean did not respond to requests to comment. Carnival and Norwegian directed Bloomberg News to CLIA’s statement. 

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Accounting

AI in accounting and its growing role

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Artificial intelligence took the business world by storm in 2024. Content creation companies received powerful new AI-powered tools, allowing them to crank out high-quality images with simple prompts. AI also helped cybersecurity companies filter email for phishing attempts. Any company engaging in online meetings received an ever-ready assistant eager to show up, take notes and highlight the most important talking points.

These and countless other AI-driven tools that emerged during the past year are boosting efficiency in virtually every industry by automating the tasks that most often bog down business processes. Essentially, AI takes on the business world’s day-to-day dirty work, delivering with more accuracy and speed than human workers are capable of providing.

For accounting, AI couldn’t have come at a better time. Recent reports show that securing capable accounting staff is becoming more challenging due to a high number of retirees and a low number of new accounting graduates. At the same time, globalization, the rise of the gig economy, the shift to remote work and other recent developments in the business landscape have increased both the volume and complexity of accounting work.

As companies struggle to do more with less, AI offers solutions that promise to reshape the accounting world. However, putting AI to work also forces companies to accept some new risks.

“Bias” has become a huge buzzword in the AI arena, forcing companies to consider how the automation tools they bring in to help with processing data may introduce some questionable or even dangerous ideas. There are also ethical issues associated with next-level AI-powered data processing that have some concerned that achieving AI-assisted business efficiency also means risking consumer privacy.

To make AI worthwhile as an accounting tool, companies must find ways to balance gains in efficiency with the ethical risks it presents. The following explores the growing role AI can play in business accounting while also pointing out some of the downsides that should be carefully considered.

AI upside: Increased accuracy and efficiency

Accounting isn’t accounting if it isn’t accurate. Miskeyed amounts or misplaced decimal points aren’t acceptable, regardless of the company’s size or the business it is doing. When the numbers are wrong, the decision-making that relies on those numbers suffers.

Consequently, manual accounting typically moves slowly to avoid errors. Business leaders have learned to wait on financial reporting prepared by hand. They’ve also learned that because of processing delays, they may not have the numbers they need to take advantage of unexpected opportunities.

AI changes the equation by improving the speed and accuracy of reporting. AI-powered data entry automatically extracts numbers from invoices and other financial statements, eliminating the need for manual entry and the mistakes that can occur when an accountant is distracted, tired or just having an off day. AI can also detect errors or inconsistencies in incoming documents by comparing invoices and other documents to previous records, providing a second set of eyes for accounts as they ensure companies aren’t being overbilled or under-compensated.

When it comes to increasing the pace of accounting, AI’s capabilities are truly astonishing. As Accounting Today has reported, in the past, the type of robotic process automation AI empowers can be used to drive automated processes 745% faster than manual processes. And AI accounting programs never clock out or take a lunch break. They work 24/7, even on bank holidays, to keep the books up to date.

AI accounting gives business leaders accurate financial data in real time, meaning they have relevant and reliable accounting intel when they need it rather than requiring them to wait until the end of the month to have a report on where their cash flow stands. It also has the potential to give a glimpse into the future by drawing upon historical data to drive predictive analytics. AI can look at what has been unfolding in a business and its industry to plot the path forward that makes the most financial sense. It’s not exactly a crystal ball, but it’s as close as most businesses should expect to get.

AI upside: More time for high-level engagement

As AI began to make inroads in the business world, experts warned it would ultimately replace hundreds of millions of jobs. While the consensus seems to be that AI doesn’t have what it takes to replace an accountant, it certainly has the potential to reshape the profession in a positive way.

The manual work typical of conventional accounting is tedious, tiresome and time-consuming. Doing it well eats up much of the energy accountants could otherwise apply to higher-level activities. By using AI automation for those tasks, accountants gain the resources needed for high-level engagement.

Accountants who partner with AI gain the capacity to shift their role from bookkeeper to financial advisor. Rather than focusing all of their energy on preparing reports, they are freed up to interpret the reports. Delegating data entry and other day-to-day tasks to AI allows accountants to become strategic partners with the businesses they serve, whether as in-house employees or external advisors.

Financial forecasting becomes much more doable when AI is in play. Accountants can develop comprehensive financial models that forecast future revenue and expenses. They can also assess investment opportunities, such as determining the viability of mergers and acquisitions, and help with risk management and mitigation.

Tax planning and optimization will also become more manageable once AI automations have been added to the mix. Automating data extraction and categorization streamlines the process of classifying expenses for tax purposes and identifying expenses that are eligible for deductions. AI automation can also be used for tax form completion, adding speed and a higher level of accuracy to a process that very few accountants look forward to completing manually.

AI downside: Higher data security risks

Accountants are well aware of the dangers of data breaches. Allowing financial data to fall into unauthorized hands can lead to financial loss, operational disruption, reputational damage and regulatory consequences. Shifting to AI accounting can potentially increase the risk of data breaches.

Changing to AI accounting often means concentrating financial and other sensitive data and moving it to interconnected networks. Concentrating data creates a target that is more desirable to bad actors. Shifting it to the cloud or other interconnected networks creates a larger attack surface. Both factors create situations in which higher levels of data security are definitely needed.

Addressing the heightened threat of cyberattacks requires a combination of tech tools and human sensibilities. To keep accounting data safe, encryption, multifactor authentication, and regular testing and update protocols should be used. Training should also help accounting teams understand what an attack looks like and how to respond if they sense one is being carried out.

AI downside: Less process customization

Developing the types of platforms that can safely and reliably drive AI automations is not an easy — nor cheap — undertaking. Consequently, many companies choose the economy of “off-the-shelf” platforms. However, opting for a standardized platform could mean closing the door on customized financial workflows a company has developed.

For example, an off-the-shelf platform may not have the option of accommodating the accounting rules of highly specialized industries. It may have a predefined chart of accounts structure that doesn’t fit the structure a company has traditionally used. It also may be limited in the formats that can be used for financial reporting, which could require business leaders to make peace with reports that don’t fit their personal tastes.

To avoid big problems that can surface after shifting to off-the-shelf solutions, companies should make sure to take their time and seek software that can scale with their plans for growth. Like any other technological innovation, AI is a tool meant to support and not supplant a company’s processes. The process of selecting an AI platform to improve accounting efficiency begins with mapping out a company’s unique process and identifying where AI can boost efficiency. If the platform you are considering can’t deliver, keep looking.

AI best practice: Take it slow and learn as you go

The biggest temptation for companies as they begin to embrace AI will likely be doing too much too fast and with too little oversight. Artificial intelligence is a remarkable tech tool, but still in its infancy. Taking advantage of its capabilities also requires managing some risks.

For example, AI has what some experts describe as an “explainability” problem. Developers know what AI can do but don’t always know how it does it. Companies that feel compelled to provide their clients or stakeholders with a solid explanation of the process behind their AI automations may be limited in how they can put AI to work.

Now is the time to begin integrating AI with your company’s accounting efforts, but take it slow and learn as you go. A solid best practice is to explore what is available, experiment with how it can help your business, and expect to make many adjustments before you arrive at an optimal process. Your accounting efforts will serve you best when they combine human and artificial intelligence.

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Accounting

Ascend adds VP of partnerships

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Ascend, a private-equity backed accounting firm, added a vice president of partnerships to its leadership team.

Maureen Churgovich Dillmore will oversee the expansion of Ascend’s growth platform for regional accounting firms into new U.S. markets, effective Feb. 17. She was previously executive director of the Americas at Prime Global. Prior, she was executive director at DFK International/USA.

“I have dedicated a large part of my career to supporting firms that want to remain independent. The dynamics of achieving success in this area are evolving rapidly, and the Ascend model was created so that firm identity would not be at odds with accessing the community and resources needed to prosper. I am genuinely impressed by Ascend’s ability to assist mid-sized firms in making the necessary strides to stay relevant, sustain growth, and provide their staff and clients with top-tier shared services—all while preserving their unique brand and culture,” Churgovich Dillmore said in a statement.

Ascend has added 14 partner firms across 11 states since the company launched in January 2023.

Maureen Churgovich Dillmore

Maureen Churgovich Dillmore

“So much of association work is theoretical, advising member firms on best practices, and you don’t get to see the end game. What excites me about being on the Ascend team is the opportunity to be a force behind the change, to help enact the change and see where and how it comes in,” Churgovich Dillmore added.

“Maureen’s decision to join Ascend is rooted in her desire to serve the profession in a way that maximizes her impact. We are all excited to welcome someone into our Company who has been an advisor and friend to mid-sized CPA firms for over a decade, and it is all the more rewarding when you realize that the community and resources we are bringing to life will allow Maureen to have conversations with firms that she’s never had before. Her curiosity, commitment, and deep care for others are going to stand out in this role,” Nishaad (Nish) Ruparel, president of Ascend, said in a statement.

Ascend is backed by private equity firm Alpine Investors and works with regional accounting firms with between $15 and $50 million in revenue. It ranked No. 59 on Accounting Today‘s 2024 Top 100 Firms list, with $126 million in revenue and over 600 employees. 

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