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Accounting

Tax Fraud Blotter: Incorrect positions

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On ice; the end of the beginning; Speed trap; and other highlights of recent tax cases.

Miami: A federal court has issued a permanent injunction against tax preparer Richard Louis that bars him from preparing federal income tax returns, working for or having any ownership stake in a tax prep business, assisting others (including family members) prepare returns or setting up business as a preparer and transferring or assigning customer lists to any other person or entity. 

In June, the court enjoined seven independent contractors who worked with Louis — Harold Bornelous, Romeo Davis, Teddy Davis, Joseph Garrett, Demetrius Knowles, Daniel Oku and Marlyne Wah — from preparing returns for others but allowed them to apply for reinstatement after two years if they successfully complete the IRS Annual Filing Season Program. The contractors agreed to the injunctions.

The complaint alleged that Louis and the seven contractors prepared returns that claimed various false or fabricated deductions and credits, including fabricated residential energy credits, false and exaggerated itemized deductions, and fictitious and inflated business expenses. According to the complaint, Louis marketed himself as Taxman and he with the seven contractors prepared thousands of returns for clients over the past 10 years.

The court also ordered Louis to disgorge $390,000 from the scam that he’d received from his prep business. He agreed to both the injunction and the disgorgement.

Moon Township, Pennsylvania: Business owner Albert Boyd Jr. has pleaded guilty to willfully filing a false return.

For each year from 2017 to 2022, Boyd failed to report income from his company, Boyd Roll-Off Services, on the business return, causing a total tax loss of at least $1,030,000.

Boyd ensured that much of the company’s income from the sale of scrap metal went unreported by causing cash proceeds not to be deposited in the business bank account and causing checks to be deposited into accounts other than the business bank account. Boyd then failed to provide his tax preparer with records relating to the undeposited cash and diverted checks.

Sentencing is Dec. 17. He faces up to three years in prison and a fine. 

Des Moines, Iowa: Businessman Mark Francis Davidson, 66, formerly of Adel, Iowa, has been sentenced to 18 months in prison for filing a false income tax return.

Davidson is the majority shareholder of Collegiate Concepts Inc., which rents dorm minifridges to colleges and college students. From 2015 to 2021, Davidson diverted more than $3.8 million from the corporation to himself and failed to report this income to the IRS. Davidson concealed these payments from the corporation’s accountant and tax preparer by providing check ledgers that falsely identified checks from the corporation to Davidson as legitimate business expenses.

After his imprisonment, Davidson will be on supervised release for a year. He was also ordered to pay $1,449,620 in restitution to the IRS and a fine of $20,000.

Frankfort, Illinois: Jeremiah Johnson, owner of three local childcare and transportation businesses, has been sentenced to a year and a day in prison for underreporting more than $1.47 million in income.

Johnson owned New Beginnings Academy, New Beginnings Child Development and Epic Transportation. From 2015 to 2020, he obtained more than $1.47 million of income from the operation of those businesses but failed to report the money on his individual returns, instead reporting lesser W-2 wages and some rental income.

During the same period, Johnson also failed to file corporate returns or pay any of the required employer and employee withholdings for federal income tax, Social Security tax and Medicare.

Johnson, who pleaded guilty earlier this year, was also fined $10,000 and ordered to pay $123,391 in restitution to the IRS.

Hands-in-jail-Blotter

Wilmington, North Carolina: Businessman George William Taylor Jr. has pleaded guilty to not paying more than $2 million in employment taxes and not filing employment tax returns.

Taylor owned and operated National Speed, a service business for high-speed automobiles. He was responsible for withholding Social Security, Medicare and income taxes from employees’ wages and paying those taxes to the IRS. From 2014 through 2021, Taylor withheld the taxes but did not pay those withholdings over to the IRS, nor did he file the necessary employment returns. During the same period, he also did not pay the employer’s share of those taxes to the IRS.

In total, Taylor caused a federal tax loss of $2,272,072.

Sentencing is Nov. 19. Taylor faces up to five years in prison, as well as a period of supervised release, restitution and monetary penalties. 

Cincinnati: A U.S. district court has issued a permanent injunction against tax preparer Emmanuel Antwi and his businesses.

Antwi and his businesses, Manny Travel Agency & Business Services Inc. and Manny Financial, Insurance & Accounting Firm LLC, consented to the injunction, which permanently bars them from preparing federal returns for others. The United States’ claim demanding that Antwi turn over ill-gotten gains he received in tax prep fees remains pending.

According to the civil complaint, since at least 2020 Antwi filed hundreds of returns each filing season with at least 95% of the returns claiming a refund. Allegedly, Antwi knowingly took unreasonable or incorrect positions on returns he prepared that resulted in understatements of the tax that his clients owed and overstatements of refunds.

In particular, the complaint alleges that Antwi prepared returns that claimed deductions for purported business losses or employee business expenses that he knew were false. The complaint also alleges that Antwi prepared returns where he knowingly reported the wrong filing status.

Antwi must send notice of the injunction to each person for whom he or his businesses prepared federal returns, amended returns or claims for refund after Jan. 1, 2019. He must also post a copy of the injunction both on websites that he and his businesses maintain and at physical locations where any business is conducted.

Newnan, Georgia: Business owner Barry Lee White, of Carrollton, Georgia, has been sentenced to 22 months in prison to be followed by three years of supervised release for willful failure to pay more than $2.4 million in payroll taxes.

Between 2012 and 2019, White owned and operated, at different times, two construction maintenance and electrical companies that were required to withhold from employees’ gross pay FICA taxes and as sole operator of the companies, White had the responsibility to collect, truthfully account for, and pay the IRS the payroll taxes.

From at least 2015 to 2018, White withheld more than $1.8 million in payroll taxes from his employees but failed to pay the taxes to the IRS and failed to pay more than $600,000 for the employer’s portion of the payroll taxes.

Convicted of the charges in May after pleading guilty, White was also ordered to pay $2,499,473.07 in restitution.

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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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Uddin-Suha-RRBB.jpg
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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Accounting

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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