J’accuse;just a little boost; independent thinking; and other highlights of recent tax cases.
Los Angeles: A wholesale clothing importer and two of its executives have been found guilty of avoiding the payment of more than $8 million in customs duties and of running a scheme in which the company laundered money and failed to report more than $17 million from cash transactions.
A jury has found the following guilty:
C’est Toi Jeans, which imported apparel and exported clothing;
Si Oh Rhew, of La Cañada Flintridge, California, C’est Toi’s president and a majority owner of the company; and,
Lance Rhew, of Los Angeles, Si Oh Rhew’s son, a C’est Toi corporate officer and the owner of another Los Angeles-based company, GLLR Inc., that did business as C’est Toi.
The jury found C’est Toi and Si Oh Rhew guilty of two conspiracies and multiple counts of failure to file reports of currency transactions over $10,000 in a trade or business. The jury also found all three defendants guilty of three counts of entry of falsely classified goods, three counts of entry of goods by means of false statements, three counts of passing false and fraudulent papers through a customhouse and two counts of international promotional money laundering.
C’est Toi was found guilty of an additional two concealment money laundering counts involving drug proceeds. Si Oh Rhew was found guilty of an additional two counts of aiding, assisting and procuring the filing of a false return. Lance Rhew was found guilty of one additional count of aiding, assisting and procuring the filing of a false return; Lance Rhew was also found guilty of one conspiracy count.
C’est Toi was owned by Si Oh Rhew and his wife and received bulk cash from drug trafficking as payment for customer invoices. The company and Si Oh Rhew failed to file currency transaction reports and concealed the cash receipts from an accountant who prepared their taxes, which led to the fraudulent omission of more than $17 million in gross sales from returns filed with the IRS. The defendants also avoided customs duties and tariffs by purchasing garments from overseas manufacturers, including from China, but then submitting false information to U.S. Customs and Border Protection. Overall, C’est Toi imported goods that were undervalued by more than $51 million, causing approximately $8.4 million in unpaid tariffs and duties.
Sentencing is Jan. 21, when the Rhews will each face decades in prison and the company will face fines of as much as $100 million.
Roanoke, Virginia: Resident Alisha Warrick, 40, who pleaded guilty last year to wire fraud, distributing fentanyl and illegally selling firearms, has been sentenced to 10 years in prison.
Beginning in 2015 and continuing at least through 2019, Warrick prepared and filed tax returns for others and included false and fraudulent information in the returns. She would “boost” the returns by including false employment and wage information or false information about dependents, or both. Warrick also filed returns for some individuals without their knowledge and used those individuals’ names and personal ID information to file.
While on bond pending trial, Warrick arranged to sell heroin (which later testing showed to contain fentanyl) and two firearms, one of which was connected to a prior fatal shooting in the Roanoke area.
West Orange, New Jersey: Tax preparer Michael Ewell Sr., of Milford, Pennsylvania, has been sentenced to a year and a day in prison and a year of supervised release, according to news reports that added that his tax prep businesses filed returns with false information.
Ewell, who previously pleaded guilty, owned Ewell Tax Center and between 2015 and 2022 prepared 157 income tax returns that contained false information, according to cited IRS information, adding that the exaggerated returns resulted in an additional $824,835 in refunds. The false information reportedly included itemized deductions, business expenses and education credits.
On his personal returns between 2017 and 2020, he also underreported his company’s gross revenue by $81,116 and exaggerated its business expenses by $6,338, causing him to avoid paying about $118,000 in taxes, officials told news outlets.
Ewell will also have to pay $736,581 in restitution and is barred from preparing an income tax return for anyone except for himself, reports added.
Woodbridge, New Jersey: Accountant Thomas Kohutich, 34, has been sentenced to a year and a day in prison for filing false returns.
A former accountant for a New Jersey-based manufacturing company, he filed 1040s for 2018 and 2019 on his and his wife’s behalf. He failed to report funds that he embezzled from his former employer and which he knew constituted reportable income.
Kohutich, who previously pleaded guilty, was also sentenced to one year of supervised release and ordered to pay $234,821 in restitution to the IRS and $829,457 to his former employer.
Charleston, West Virginia: Accountant Luther A. Hanson has pleaded guilty to willful failure to pay over taxes.
From at least 2015 to September 2020, Hanson did not withhold or pay over some $149,905.37 in federal employment taxes for two employees of his accounting services businesses. Hanson owns and operates The Estate Planning Group Inc. and L.A. Hanson Accounting Services; the two employees provided services for both.
Hanson admitted that some time before June 30, 2015, he and the two employees agreed that he would begin treating them as independent contractors. Hanson knew this arrangement would relieve him of paying the employer portion of the employment taxes to the IRS and of withholding from the two employees. Hanson paid gross wages by check to the employees though neither changed their job duties or responsibilities.
Sentencing is Jan. 30. Hanson faces up to five years in prison, up to three years of supervised release and a $250,000 fine. He also owes restitution.
Somerville, Massachusetts: Tax preparer Yves Isidor, 68, has been convicted of preparing false returns. He was convicted of five counts and acquitted on one count.
From at least 2012 through 2020, Isidor operated a tax prep business under the name Tax and Realty Pro to file more than 1,200 returns in the names of clients, charging $100 to $500 per return. Isidor added false information to six returns to claim deductions for fictitious medical and dental expenses, gifts to charities and unreimbursed employee business expenses, resulting in inflated refunds or falsely lower tax liabilities.
Six taxpayers testified that Isidor had never discussed the false items with them, and they were not aware he had inserted them into their returns. An undercover agent also testified that he was present and observed the defendant create a false return.
The counts of aiding and assisting in the filing of false federal returns each provide for up to three years in prison, a year of supervised release, a fine of $250,000 and restitution. Sentencing is Feb. 6.
Miami: A federal district court has issued a permanent injunction against tax preparer Niclas Pierre and his prep business, Niclas Tax and Express Inc., and a permanent injunction against Elius Bessard and his prep business, Bessard Immigrations and Tax Services LLC.
The injunctions bar Pierre and Bessard from preparing returns, working for or owning a tax prep business, assisting others to prepare returns, or transferring a list of clients. The court also ordered Pierre to pay $563,000 and Bessard $208,000 in gains received from their tax prep businesses. Pierre and Bessard each agreed to both the injunction and the order to pay.
The complaint alleged that the two prepared returns claiming false or fabricated deductions and credits, including fabricated residential energy credits, false and fraudulent deductions, and inflated business expenses. Pierre and Bessard each prepared more than 1,000 returns for clients over the past six years.
The Treasury Department is warning Congress that it needs lawmakers to unlock $20 billion in funding for the Internal Revenue Service that could be rescinded due to duplicative legislative language.
The $20 billion is targeted at IRS enforcement and is separate from the more than $20 billion that has already been clawed back from the Inflation Reduction Act’s extra $80 billion in funding for the IRS over a decade. If Congress doesn’t act during the appropriations process before the end of President Biden’s term, the $20 billion may be rescinded, putting at risk the IRS’s ability to hire more employees and carry out its duties next tax season.
“The IRS is going to potentially have to make dramatic decisions about stopping hiring and starting to budget for a world [in] which they don’t have $20 billion, which will stop a lot of their progress,” Treasury Deputy Secretary Wally Adeyemo said during a call with reporters Tuesday, according to the Associated Press. “If they don’t get that $20 billion that is at risk, they would run out of enforcement money at the current pace sometime in fiscal year 2025.”
The IRS received an extra $80 billion in funding over 10 years for enforcement, taxpayer service and technology upgrades as part of the Inflation Reduction Act of 2022. But as part of a deal to raise the debt ceiling in 2023, the funding was reduced by $1.4 billion, and later as part of another agreement last year an additional $20 billion of the tax enforcement money was distributed to other federal agencies for nondefense spending. That $20 billion cut was mistakenly duplicated in the legislative language, so the IRS faces another steep budget cut unless Congress acts to amend the language during its year-end appropriations process.
The budget cuts could also exacerbate the deficit as the extra money for tax enforcement was expected to generate tax revenue. The Treasury estimated the national debt could grow by $140 billion without the extra funding for tax enforcement.
The incoming Trump administration is already expected to slash IRS enforcement funding once President-elect Trump takes office. Republican lawmakers have been calling for cuts in the IRS budget, including the elimination of the Direct File free tax preparation program that the IRS began pilot testing last year in a dozen states. Last month, the Treasury announced that it’s planning to expand the Direct File program next year to 24 states, double the number that were pilot testing it last tax season.
Despite opposition among many Republicans in Congress to the Direct File program, Direct File may have the support of Tesla CEO Elon Musk, who has been assigned by President Trump to head a new Department of Government Efficiency with former GOP presidential candidate Vivek Ramaswamy with the goal of cutting waste and inefficiency in the federal government. On the recently created X account for DOGE, they posted last week about the need to simplify the tax-filing process, leading to a temporary drop in stock prices for Intuit and H&R Block.
“In 1955, there were less than 1.5 million words in the U.S. Tax Code,” said the DOGE account. “Today, there are more than 16 million words. Because of this complexity, Americans collectively spend 6.5 billion hours preparing and filing their taxes each year. This must be simplified.”
However, that doesn’t necessarily mean the Trump administration will preserve the IRS Direct File program after next tax season.
“I would anticipate that it goes forward this coming year, in other words, for the 2024 filing season,” said former Intuit CEO Bill Harris, who developed TurboTax when he was president of ChipSoft, which Intuit acquired in 1993. “I’m sure it’s already all baked. The following year, it could just go away. I would bet more that it just withers on the vine. But I think that’s too bad too because one of the things that the IRS really needs to do is take a customer-focused view.”
He acknowledged, however, that Intuit and other tax software companies have been fighting to end the Direct File program.
“Some people, for instance, at the tax preparation software companies, are against it because they perceive it to be competition,” said Harris, who is now founding CEO of Evergreen Money, a development-stage financial services company. “I really don’t think that that’s the proper view. I think the proper view is that for the kinds of simple returns that they’re capable of handling, I think that’s great, and people should have a free mechanism to do that. And it’s also clear that the government will never be in a position to build something that’s terribly sophisticated. And so even for people with moderately complex taxes, they’re going to need something like professionally and privately built tax software. I see this as an opportunity for an excellent private-public partnership, so I hope the IRS continues with it, and I hope that the private companies embrace it.”
After leaving Intuit in 1999, Harris was co-founding CEO of PayPal, which merged Elon Musk’s X.com with Peter Thiel’s Confinity. Accounting Today asked Harris what he thought of the prospects for Musk’s DOGE to find enough savings from cutting government waste to make up for the lost tax revenue from the extension of the Tax Cuts and Jobs Act and the various tax exemptions proposed by Trump on tip income, overtime pay, Social Security benefits and more.
“Nothing to do with Elon Musk, although I know he’s obviously going to be a part of this, but absent any personalities, it’s remarkably hard even for a Republican administration to rein in costs,” Harris replied. “Certainly the initial Trump administration did not do that. They expanded expenditures. There was a big runup in the debt, particularly as the party has moved from traditional Republican notions of fiscal conservatism to essentially populism.”
Cutting the IRS enforcement budget could contribute to the national debt, as the Treasury Department warned, and could have a spillover effect leading to slowdowns in taxpayer service and technology improvements as well.
“You could see monies being taken away from enforcement, but probably continuing the customer service modernization portion of the IRS,” said Tax Guard CEO Hansen Rada. “The IRS requires a lot of people because the Tax Code is so complicated, and that’s really Congress’s fault. It’s not the IRS’s fault. It’s almost like yelling at the policeman when he pulls you over for speeding. If you want the speed limit raised, you go to your local representatives, you don’t yell at the policemen, and the IRS is just the enforcement arm. Barring any sort of drastic change to simplification of the Code, it’s going to require people, because of deductions and all the other considerations in order to execute that. The vast majority of returns are simple returns, W-2’s, and so this Direct File, or this app that Elon hinted at would be a modernization effort to help the majority of returns, but not the complicated ones, and that still would require people.”
For all the investments private equity is making into accounting, many of the firms receiving the infusion say the money is just a larger piece of the puzzle all forward-thinking firms are trying to solve — of much-needed transformation.
The money is a pivotal step toward becoming that future-focused firm, and the process of obtaining it kicked off a discussion about structuring private equity deals at Accounting Today’s PE Summit last week in Chicago, featuring panelists Jeremy Dubow, CEO of Chicago-based Prosperity Partners, and Richard Kopelman, CEO of Atlanta-headquartered Aprio Advisory Group.
Aprio, which completed an investment round from Boston-based Charlesbank Capital Partners this past July, surveyed its options before joining the swell of PE-backed firms.
“We looked at everything,” said Kopelman, including merging up and a debt recapitalization, before the firm’s investigation of the market and internal finances led to PE as the best option.
Meanwhile, Prosperity Partner’s due diligence included cold calls, according to Dubrow, who heads the firm formerly known as NDH before it received funding from Dallas-based Unity Partners LLC in May 2023.
“We were looking at the future trying to decide which direction we should go,” he explained. “We were a strong, profitable firm with success in our ranks, but realized we were at a crossroads in terms of people, the labor-constrained environment, and where we wanted to be.”
Talent was a ubiquitous topic throughout the two-day summit, as many firms described courting or accepting PE investments due to today’s sparser pipeline, and PE firms spoke about the value of accounting firms with their business being low-risk, with a positive cash flow, recurring revenue, and led by trusted accountants.
For Prosperity, a firm of about 120 people, picking up the phone was the best way to discover what PE could unlock.
“As a small firm, we started with a bunch of cold calls and emails,” Dubow recounted. “The process initially started through cold calls. We didn’t know the tidal wave of change on the horizon. We would take a few phone calls, understand how this is working and how to value your accounting firm.”
For Aprio, value had to be calculated very specifically, as Kopelman explains “we wanted to do away with the mindset to sell assets and monetize it. We see firms that robbed younger partners of the ability to serve younger partners in the right way.”
That meant moving away from the deferred comp model, he continued. “We wanted to move to a model of creating value for the business, for owners, for growing entrepreneurs.”
Dubow and his team had the same concerns for their people.
“Private equity allows us to issue equity to all employees, from top to bottom, where everyone shares in the upside of the firm,” he said. “Everyone participates and is growing in the same direction. Everyone is going to celebrate at the same time.”
The firm of the future
While ownership — or potential ownership — in the business can incentivize younger people to join a firm, there are other elements to a next-generation practice, and PE may help in attaining them.
“We have to create the firm of the future today, in key areas,” said Koltin Consulting Group CEO Allan Koltin, also co-chair of the PE Summit, during his keynote address. “It’s going to cost real money to do it. Nothing in business is forever. Not all private equity deals will be successful. Some are, and some don’t meet the goals of both parties.”
He also stressed that PE is not a cure-all, and not for everyone.
Dubow would agree. “Don’t just jump into private equity and say this is the only thing I’m considering,” he advised. “We spent time looking into alternatives.”
Once deciding on PE and specifically Unity Partners, Dubow found it accelerated change within the firm.
“As a small firm that changes with a 10% improvement every year, how do we increase that to 100%?” he said, explaining that PE “allowed us to think about people differently and be transformative with technology. We have a different business as a result. It allows us to be a firm of the future. We take that type of risk, and it allows us to move to the next level.”
Avani Desai, CEO at Schellman, explained during another PE Summit panel that the firm’s partnership with Lightyear Capital in 2021 was equally transformative.
“It helped me put together a true executive leadership team,” she said. “We now have a CRO, chief growth officer, someone leading digital transformation.”
According to Desai, an employee during a recent firm town hall expressed: “We have changed more in the last three years than the 18 years prior.”
Desai and her fellow practitioner panelists all agreed that PE had eased the administrative burdens and tactical headaches that often fall on partners, and allowed for more long-term strategizing.
This was new for New York City-based Regional Leader LMC Advisors, which joined PE-backed platform Ascend in June 2023, according to CEO Lee Cohen.
“Before Ascend we had no strategic planning, no strategy for top-line growth… no plan of action,” he said. “Through budgeting, and a three-year strategic plan, we really looked at our practice.”
The transition from independence to private equity-backed was not without surprises, according to PE Summit speakers.
This included a larger stress on the financials. “It was a whole new level of reporting, which was the hardest thing for me at the beginning — how much data they wanted,” shared Desai.
“The amount of reporting was a shock to us,” she continued, “but we learned. You can’t live your life in a spreadsheet, I tell my 28-year-old boss. But getting data from there, I’ve come to the realization that it really helps to be able to see that.”
Her co-panelist, Utah-based WSRP Advisory CEO and managing partner Dan Rinehart, agreed that the influx of numbers was helpful, especially for firms considering entering the PE space.
“As a bunch of accountants, we’re supposed to be the experts on accounting, financial reporting,” he said. “We didn’t know we had to really dive into the details of realization, utilization. We understood it, were tracking it, from a strategic planning perspective, but we had to dive into the details…. The extra reporting had actually been really good, to help us make decisions more in real time.”
Rinehart was also pleasantly surprised by the freedom afforded under the firm’s PE structure.
“For us, we haven’t noticed any control change; we look at the private equity partner as a partner,” he said. “Not someone that’s a boss to us, but a partner. I’m trying to think of one decision where I felt like I couldn’t make it. Sometimes I call the private equity partner [and ask] ‘What do you think of this?’ They say, ‘You’re in charge, you run the firm.’ I was scared about taking on private equity — is someone going to be walking the halls of the office, reading all the workpapers, seeing when I take lunch? That’s not going to happen.”
“It’s a partner, they’re not breathing down our backs,” Cohen agreed about LMC’s operations under Ascend. “The executive leadership team is making those decisions. The Ascend board is there to be a thought partner.”
Of the many detailed considerations to be made in a CPA-PE firm partnership, the appeal of the accounting profession was a central theme throughout the PE Summit.
Stuart Ferguson shared his perspective, as managing partner of strategic advisory firm Pointe Advisory, during another summit panel.
“One thing I’m fascinated by is that private equity investment in the space has brought swagger to the CPA industry,” he said. “Ten years ago, if a CPA firm was in the news it was usually for a bad reason, not a good reason. Now, the majority is related to the attractiveness and growth potential, the opportunity of the great businesses built by CPA firms. There’s a swagger, a reason to be proud of the business you built. Private equity, as its prone to do, is a disruptor and accelerates disruption. Firms are forced to think differently about talent [and more].”
“It’s a proud chapter in public accounting,” co-panelist Koltin chimed in. “You sacrificed your life, donated your brain and body to the cause, and never thought the business could be worth this on day one. The bar got raised, and internal valuations — maybe we need to change our valuation.”