Connect with us

Accounting

Tax Fraud Blotter: Chips have fallen

Published

on

Dutch treat; for the record; last Resort; and other highlights of recent tax cases.

New York: Frank Butselaar, a native of Naarden, Netherlands, has pleaded guilty to one count of aiding or assisting in the filing of a false or fraudulent return.

Butselaar advised the creation of offshore structures for ultra-high-net-worth individuals and did so while a shareholder in the Amsterdam office of a major U.S.-based international law firm. When the clients were becoming or had become U.S. tax residents, Butselaar and his co-conspirators, who were partners at the firm, sought to conceal the clients’ offshore income through nominee owners, generally a family member who lived outside the U.S. The clients, with the knowledge of Butselaar and his co-conspirators, unknowingly continued to operate their offshore entities as their own and believed they had access to and could direct the money they were accumulating offshore.

The amount of unreported income for two of the client taxpayers exceeded $70 million. Butselaar was also repeatedly warned that the income being collected offshore for his clients was reportable.

He faces up to three years in prison. Sentencing is Feb. 13.

St. Louis: Tax preparer Robert Droege, 59, has been sentenced to 46 months in prison for filing false returns that caused an estimated tax loss of $2.5 million.

Droege pleaded guilty in June to four counts of aiding in the preparation of a fraudulent return, admitting to preparing at least 34 false returns in his home office, Bob’s Tax Service.

He prepared returns that contained false or fraudulent information including medical expenses, charitable contributions, personal property rental expenses, non-business bad debt and other deductions.

White Plains, Maryland: Part-time tax preparer Anthony Judd has pleaded guilty to preparing and filing a false return for a client.

Since at least 2013, Judd, who was also a full-time special police officer at the National Archives and Records Administration, prepared and filed more than 40 false returns for individual clients that reduced the clients’ taxes and inflated refunds. These returns reported losses for businesses that the clients did not have and deductions for expenses, such as transportation and job-related expenses, that the clients did not actually incur.

Judd prepared and filed each return as a ghost preparer and caused a tax loss to the IRS of some $484,525.

Sentencing is April 16. He faces a maximum of three years in prison as well as a period of supervised release, restitution and monetary penalties.

Naples, Florida: Tax preparer Heidi Torres-Moncaleano, 45, has been sentenced to a year and a day in prison for aiding in the preparation of false and fraudulent income tax returns.

From 2018 through 2021, Torres-Moncaleano, through her business Torres Tax Services, submitted fraudulent returns and Schedules C to the IRS, inflating clients’ losses to generate larger refunds. The federal tax loss exceeded $847,000.

Torres-Moncaleano, who pleaded guilty in April, was also sentenced to a year of supervised release with the condition that she pay $429,888 in restitution to the IRS.

Hands-in-jail-Blotter

New York: Ilya Kahn, a national of the U.S., Israel and Russia, has pleaded guilty to conspiracy to violate the Export Control Reform Act for his role in a scheme to secure and illegally export dual-use semiconductors and other sensitive technology to Joint Stock Company Research and Development Center Elvees and other entities in Russia. Kahn also pleaded guilty to attempted tax evasion for failing to pay taxes on his income from the scheme.

Kahn owns Senesys Incorporated and Sensor Design Association, which operated in California and Brooklyn, New York. Kahn operated these businesses as fronts for a years-long conspiracy to acquire and export sensitive and sophisticated dual-use electronics from the U.S. to Elvees, one of the leading Russian developers of microchips and which was sanctioned by the U.S. in 2022.

Many of these items required an export license for national security and anti-terrorism reasons, which Kahn did not obtain. He also arranged for Elvees to continue to fabricate and import semiconductors after Russia’s February 2022 invasion of Ukraine, using a network of front companies and bank accounts.

Kahn’s export activity for the benefit of Elvees dates to at least 2012, and accounts under his control received more than $50 million from Elvees and related entities between 2012 and 2022. Of that money, Kahn channeled nearly $5 million for his personal use, which he did not report to the IRS and on which he did not pay income taxes.

Kahn agreed to forfeit $4,923,548.94 and to pay an additional $1,892,816.00 in restitution to the IRS. He also faces up to 20 years in prison.

Newark, New Jersey: Insurance broker Joseph Schwartz of Suffern, New York, has admitted his role in a $38 million employment tax fraud scheme involving nursing homes.

He pleaded guilty to two counts of an indictment charging him with willfully failing to pay over employment taxes withheld from employees of his company and willfully failing to file a Form 5500 for a 401(k).

Schwartz, operator of Skyline Management Group, with headquarters in New Jersey, failed to pay employment taxes relating to health care and rehabilitation facilities that Skyline operated in 11 states. From October 2017 through May 2018, Schwartz caused taxes to be withheld from employees’ pay but failed to then pay over more than $38 million in employment taxes to the IRS. He also failed to file the 5500.

The employment tax fraud count carries up to five years in prison and a $250,000 fine, or twice the gross gain or loss from the offense, whichever is greater. The failure to file a Form 5500 carries a maximum of 10 years in prison and a $250,000 fine, or twice the gross gain or loss from the offense. Sentencing is April 10.

Cape Coral, Florida: William Skaggs Jr. and Billie Adkison have pleaded guilty to conspiracy to commit tax fraud.

Skaggs owned and operated Nastar Roofing; Adkison was the main office administrator for Nastar, and her duties included managing the company’s payroll. Between 2013 and 2023, Nastar paid its employees predominantly in cash to avoid paying taxes the pair knew were owed to the federal government. Typically, one or more Nastar employees, including Skaggs and Adkison, withdrew significant amounts of cash on Thursdays and Fridays to make Nastar’s payroll at the end of the work week.

Between 2013 and 2023, Nastar employees withdrew more than $21 million from the company’s bank accounts to pay employees in cash. The company did not withhold taxes from the cash payments, nor did it pay its own share of FICA taxes.

Skaggs and Adkison have agreed to make full restitution to the United States for the employment taxes, including an upfront partial restitution payment of $1 million before their sentencing. Each faces up to five years in prison.

Ocala, Florida: Tax preparer Steven Cabrera has been sentenced to three years in prison for assisting in preparing false tax documents, submitting false tax documents and willfully failing to file returns.

From 2017 to 2019, Cabrera, who pleaded guilty in August, engaged in widespread tax fraud, adding unauthorized and fraudulent deductions and credits to clients’ returns without their knowledge and then embezzling the additional tax return money.

He also defrauded clients directly by telling them to make out checks to “IRS” and pledging that he would send the funds to the IRS himself. Instead, he deposited those checks into an account he controlled for a fictitious business, “International Resort Services.”

Cabrera caused total losses of nearly $1 million.

Continue Reading

Accounting

AICPA urges firms to contact Congress over tax changes

Published

on

The American Institute of CPAs is asking accountants to reach out to their congressional representatives and protest the proposed elimination of the ability of pass-through entities such as accounting firms to deduct state and local taxes.

The AICPA sent out a call to action on Friday urging CPAs to contact their members of Congress and voice their opposition to the “unfair targeting” of pass-through businesses in the tax reconciliation bill moving through Congress, such as those of accountants, dentists, doctors, lawyers and pharmacists, through the elimination of the Pass-through Entity Tax SALT deduction. 

“This would increase taxes on the partners/owners of many service-based businesses, such as accounting firms, discourage the creation and growth of such businesses, and further expand the disparity between C corporations and pass-through entities,” the AICPA warned.

On Sunday night, the bill advanced through a key House committee after several Republicans who had blocked the bill in the House Budget Committee on Friday agreed to let it proceed after winning promises of faster cuts in Medicaid health coverage. But the AICPA warned last week about several provisions in the bill, including the change in the SALT deduction rules, while praising others. 

The AICPA is concerned about language in the legislation, named after President Trump’s description, “One Big, Beautiful Bill,” that would eliminate the ability of certain pass-through entities, including accounting firms, to take advantage of the state and local tax deduction for pass-throughs. 

“This legislation would not only have an impact on the accounting profession, but also on many of their clients,” the AICPA pointed out. “Under this legislation, accounting firms will be worse off than they were after the application of the SALT cap under the Tax Cuts and Jobs Act (TCJA) and before the IRS-approved deductions were authorized. Specifically, the proposal newly subjects local entity level taxes to the individual SALT cap.”

The SALT cap for individual taxpayers has also been a bone of contention for Republican lawmakers in blue states like New York, New Jersey and California, who have been pushing for an expansion of the $10,000 limit in the TCJA. Under the current bill, the SALT cap would increase to $30,000, but some lawmakers would like to see it increase to $80,000 or higher. However, the cap would now be imposed on pass-through businesses under the bill.

“The proposed tax legislation unfairly subjects specified service trades or businesses (SSTBs), such as accountants, doctors, lawyers, dentists, veterinarians, etc., to the individual cap on state and local income tax deductions at the federal level, regardless of partners’/owners’ income level or the state in which they live,” said the AICPA.

“When comparing the tax treatment of state and local taxes for pass-through entities between the TCJA and this proposed bill, the sole change is the targeting of pass-through service providers, who were already substantially limited under the qualified business income (QBI) deduction for SSTBs,” the AICPA pointed out.

The TCJA excluded many firms from claiming the full 20% QBI deduction, which would increase to 23% under the bill.

The AICPA is encouraging accountants to call or email their senators and representatives by Wednesday, May 21, using this link to find and contact their members of Congress. It provided a sample email blurb to send to them:

“I urge you to oppose provisions included in the House Ways and Means Committee’s tax reform legislation that unfairly target the ability of service businesses structured as pass-through entities to deduct their state and local taxes (SALT) from their federal tax liability while providing no such limit to other businesses. This legislation effectively discriminates against particular pass-through businesses by indirectly raising taxes on those entities that are considered the backbone of the American economy. These provisions greatly widen the disparity in treatment between pass-through entities and other kinds of businesses, and I strongly urge you to oppose these provisions of the bill.”

Continue Reading

Accounting

Government Accountability offices scrutinizes Inflation Reduction Act enforcement

Published

on

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? 

Continue Reading

Accounting

Art of Accounting: Top 100 10-year comparison

Published

on

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. 

Continue Reading

Trending