Connect with us

Accounting

Tax Fraud Blotter: Questionable resources

Published

on

To the mat; extra help; FACS of the case; and other highlights of recent tax cases.

Corona, California: Tax preparer Salvador Gonzalez has been sentenced to six years in prison for preparing false returns for clients.

For more than a decade, Gonzalez operated the tax prep business Grace’s Lighthouse Resource Center and during that time consistently claimed false deductions such as charitable donations and medical expenses on thousands of returns he prepared for clients. He also directed his clients to create sham corporations and fraudulently deduct such personal expenses as their mortgage, car and utility payments as business expenses.

Gonzalez, who previously pleaded guilty, caused a total federal tax loss of at least $28 million.

The court also ordered him to serve a year of supervised release and to pay $403,908 in restitution to the United States. The federal government also filed a civil complaint against Gonzalez that seeks to permanently enjoin him from preparing, assisting in, directing or supervising the preparation or filing of federal tax returns, amended tax returns or other related documents or forms for others. Gonzalez consented to the entry of the civil judgment and permanent injunction.

New York: Gregory Gumucio, of Colorado, leader of a nationwide yoga business, has pleaded guilty in connection with a conspiracy to commit tax evasion.

Gumucio was the longtime leader of Yoga to the People, from which he received more than $3.5 million in income between 2012 and 2020. He did not file individual or business returns or pay any income taxes for at least eight consecutive years.

In or around 2006, Gumucio founded To the People, which was originally donation-based. Over the following years, the enterprise opened some 20 studios or affiliated entities throughout New York City and in various other places, including California, Colorado, Arizona, Florida and the State of Washington.

From 2010 to 2020, To the People and its affiliates generated gross receipts of more than $20 million yet never filed a corporate return with the IRS. From approximately 2012 through 2020, Gumucio never filed a personal return with the IRS or paid any income taxes. During the period, Gumucio enjoyed an extravagant lifestyle, which included frequent foreign travel; expensive hotels, meals and clothing; NFL season tickets; and country club payments.

Gumucio and his conspirators used various methods to evade taxes, including accepting yoga students’ payments in cash; failing to maintain a corporate headquarters or keep corporate books and records; using nominees to disguise Gumucio and his co-conspirators’ connection to various entities; and maximizing unreported income.

Gumucio faces up to five years in prison. He has agreed to pay $2,560,300.93 in restitution to the IRS.

Slidell, Louisiana: Tax preparer Celina Bolton-Fultz, 35, has pleaded guilty to 30 counts of assisting in filing false returns, five counts of filing her own false returns, four counts of making false statements and two counts of theft of government funds.

From 2018 through 2022, Bolton-Fultz submitted 30 false returns for seven clients of her tax prep business, fraudulently inflating their income by adding fake “household help” income to their returns to fabricate and inflate tax credits. She also fraudulently reduced her own income on her returns for 2017 through 2021, fraudulently reducing her gross receipts and reporting false expenses for businesses that she owned.

Bolton-Fultz also pleaded guilty to two frauds concerning the CARES Act. She pleaded guilty to four counts of making false statements for submitting applications in 2020 and 2021 for Paycheck Protection Program loans in which she submitted fake tax forms and provided false information about her businesses’ payroll. She also pleaded guilty to two counts of theft of government funds for making fraudulent applications for Economic Injury Disaster Loans, inflating her businesses’ revenues and expenses and submitting false tax documents.

In total, she received $204,103 in funds through the fraudulent applications. She has agreed to pay at least $405,133 in restitution to the IRS and the Small Business Administration.

She faces up to three years in prison for each tax count, five years for each of the PPP fraud counts and 10 years for each of the EIDL fraud counts; she faces a fine of up to $100,000 for each of the tax counts and up to $250,000 for each of the PPP and EIDL fraud counts, or the greater of twice the gross gain to the defendant or twice the gross loss. Bolton-Fultz also faces supervised release of up to three years for the PPP and EIDL fraud counts and up to a year for the tax counts, as well as a special assessment fee for every count to which she pleaded guilty. Sentencing is Jan. 23.

Hands-in-jail-Blotter

Walled Lake, Michigan: Former CPA Paul Kozowicz, 75, has pleaded guilty to evading some $318,000 in federal income taxes.

His guilty plea arose out of a scheme that, according to court papers, resulted in his intentional failure to report more than $1.1 million in taxable income to the IRS over nine years. Between around 2002 and 2011, Kozowicz worked as a full-time salaried employee providing accounting and financial services for a law firm in Birmingham, Michigan.

In 2011, that firm reorganized, and Kozowicz became a part-time employee of the firm, making approximately 20% of his previous salary. To replace his lost income, Kozowicz became an independent contractor and provided accounting and consulting services to several other businesses.

Kozowicz formed FACS Inc., which purported to be the entity that provided these accounting and consulting services. He opened a bank account in the name of FACS but did not declare any of the income he earned using the name FACS on any individual or corporate tax return between 2011 and 2019. He also did not maintain any corporate books or records for FACS, nor did he observe or respect any other corporate formalities such as the State of Michigan’s annual corporate filing requirements.

In addition, according to the plea agreement, Kozowicz treated the monies deposited in the FACS account as his own and used the money freely for personal expenses and needs. Yet on his personal federal income tax returns, the only income Kozowicz declared was his reduced law-firm salary and certain taxable Social Security receipts. FACS never filed a corporate tax return.

Kozowicz further admitted that between 2011 and 2019, he earned some $1.15 million in unreported income through FACS and evaded payment of approximately $318,243 in tax.

Sentencing is Jan. 21. He faces up to five years in prison and must pay $318,243 in restitution to the IRS.

Randolph, New Jersey: Business owner Joseph Caravella has pleaded guilty to tax evasion for evading employment tax penalties.

Caravella owned several masonry companies and from 2008 to 2016 the IRS assessed some $650,000 in Trust Fund Recovery penalties against him for causing three masonry businesses that he owned to not pay their federal employment taxes.

From around March 2008 through around April 2019, Caravella sought to evade the payment of these penalties by placing companies that he controlled in the names of nominee owners and avoiding using a bank account in his own name. During that time, he continued to cause his businesses not to pay employment taxes, resulting in an additional loss of $1.2 million to the IRS.

In total, Caravella caused a federal tax loss of $1,885,519.39.

Sentencing is March 18. He faces up to five years in prison, a period of supervised release, restitution and monetary penalties.

Continue Reading

Accounting

Millions to get bigger Social Security checks if Biden signs new bill

Published

on

Millions of Americans may see their Social Security benefits increase under a bill headed to President Joe Biden’s desk — though critics warn that the measure comes at the cost of pushing the fund further toward insolvency.

If signed by the president before the new Congress convenes on Jan. 3, the law would boost Social Security payments to more than 2 million beneficiaries, according to the Congressional Research Service. The increases — as much as $550 a month for some retirees — would be retroactive to December 2023.

Those beneficiaries are mostly those who have received foreign pensions or government workers such as police officers, firefighters and teachers who contributed to a federal or state pension plan but didn’t pay Social Security taxes.

The legislation, called the Social Security Fairness Act, eliminates two formulas that reduced benefits for these workers who receive foreign and government pensions in addition to Social Security. Those provisions, known as the Windfall Elimination Provision and the Government Pension Offset, were enacted more than 40 years ago in response to an increase in retirees who hadn’t fully paid into Social Security and to more dual-income couples retiring.

Sponsors of the law say the old Congress over-corrected, and unfairly withheld earned benefits from retirees and their spouses. 

While the White House hasn’t said whether Biden would sign the bill, it passed both chambers with bipartisan majorities: 327-75 in the House last month and 76-20 in the Senate early Saturday morning.

The Congressional Budget Office estimated that the bill would hasten Social Security’s insolvency — now projected to come by 2034 — by another six months and add $196 billion to budget deficits over the next 10 years. As a result, a typical couple retiring in 2033 may see lifetime benefit cuts of $25,000, according to the Committee for a Responsible Federal Budget. 

The Senate rejected an amendment from Senator Rand Paul, a Republican from Kentucky, that would have pushed back the retirement age to 70. Only three senators supported the amendment.

Continue Reading

Accounting

Art of Accounting: A template for hiring an experience manager

Published

on

Complimentary Access Pill

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

Firms that hire experienced people do not usually get what they expect or are paying for. Here is a template to help you maximize your investment in such people.

Usually, but not always, experienced people leave a job because they are not growing in their experience. Yet many firms hire these people expecting to capitalize on their “experience.” This makes no sense and seems to be illogical. However, it happens all the time. The following is a template to assist you in getting what you need or think you are getting. 

Salary level: The salary you will be paying will be the market rate. Not much higher or much lower, so regardless of what you are getting from your new employee, get over it! You will not be overpaying. You might not be getting what you think you are paying for, but you will be paying the market rate for that person.

Profile of new hire: You hired someone who has been specializing in the area that you hired them for. You also hired someone that probably had three or four jobs previously, with the last one or two (or more) in that specialization. What you do not know is the depth of their experience, how well they managed their workload or the people reporting to them, and what desire they have to grow further. If they had that desire, and they weren’t growing, then they “wasted” time in their growth trajectory trying to decide when they should leave. Further, their impression of their experience will not be the same as your expectations of their experience. Get over it!

Experience: I can almost guarantee that the new hire will not be able to perform at the level you expect them to, and my advice is to get over it. What you need to do is to evaluate their experience and figure out where they stand on the curve line of the scale that you expect. Not where you want them to be, but where they actually are. Once you figure that out, start your training and mentoring and everything else you do to move that staff person forward at the level they are at on your scale.

Getting what you are paying for: You will be not getting what you really need, but what the market has available. And whatever that is, you will likely be better off with that person than without that person, if you do not screw it up.

How to not screw it up: Do not give them work that you know they could not handle without training, supervising and being watched over closely. Start off with pretty easy work at a higher level, not the lower levels, and see how they do. Use that to guide you in where they need to go to help you. Go easy, but do it with steady forward movements. But do it slowly and deliberately. Consider your investment in a long-term relationship with that manager-level person. If they are the right person, it will become evident within a couple of months. If they’re not the right person, get rid of them quickly (see next item). 

Hire carefully, but fire quickly: I know of a very successful practice that used a headhunter for staffing and was provided with a two-month guarantee, so their timetable was seven weeks. I know this because someone who left me for a higher-level position called and asked me if he could have his job back seven weeks after he left. That person was not growing with me (for various reasons that I am not getting into now) and I told him so. We liked him and explained a program that we developed to have him grow sufficiently. He immediately started to look for a job, which he got. His job was filled by us with a three-year level staff person we hired out of school and who was ready to be moved up to that position. We did not miss a beat. That shows you how “valuable” he was to us, and how invaluable he was to his next employer. 

Be nice: It’s probably not all their own fault they haven’t grown. I’m sure the firms they worked at contributed immensely to that lack of growth. Be nice. Do not tell them how you feel about where you think they are on your scale of development or what your current expectations are. Just focus on using them to move you forward by helping them grow. Compliment them frequently and never disparage them. Be nice!

The past, present and future: Their lack of experience is in the past and is the present situation. Fuggeddaboudit! You hired this person so you could move your practice forward into the future. Focus on that future and getting there as easily as you can. You can do it with this person if you do not over-anticipate their ability or over-expect their output and production. 

Natural tendency: A natural tendency is to be upset with them and then to use them as best you can to clean up past due work, move things out and work on slightly higher lower-level engagements. You won’t be anxious to have them train anyone so they will become lone rangers. That is not how you will be able to grow and you will doom yourself to restart with someone very similar when that person leaves “because they are not getting good experience.” And then you will start over with someone who is a mirror image of the person who just left you. Your efforts become dissipated replacing someone who left rather than concentrate on nurturing staff so they will grow and stay. 

Set expectations to a lower level: When they start, do not expect more of them than is realistic. If you get more than you expect, you will be happy. If you get less than you expect, you will be miserable and probably make them, and everyone else around you, miserable. You can’t lose with lower expectations and might lose with the higher expectations. Choose can’t lose instead of might lose

The above is not really a template, but if I added three lines to each item and asked you to write what you think or will do and perhaps include a chart (for No. 3 above), it will be a template. Figure it out for yourself, but if you believe I make sense and you are stuck in a can’t win position unless you face reality, then get over it and make the best of it to move forward. And I just showed you how to approach that.

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

Accounting

Top tax issues for financial advisors in 2024

Published

on

Complimentary Access Pill

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

As much as financial advisors, tax professionals and their clients are racing toward the end of the year, these weeks represent a brief bit of calm before a frenzied stretch for planners.

That’s because President Donald Trump and his Republican party will soon be facing the opportunities — and the risks — that come with the potential expiration of many provisions of the Tax Cuts and Jobs Act of 2017. Politics, investment strategy, practice management and the many other topics covered in the slideshow below of Financial Planning’s top tax stories of 2024 will loom large next year as well.

However, nothing will pose as much complexity and uncertainty for planners and their clients as the possible sunset of many parts of the law. The massive impact to clients’ money in areas like the standard deduction, estate-tax exemptions and qualified business income, combined with a price tag of these provisions starting at $4.6 trillion, will likely leave everyone guessing on the ultimate outcome and exact terms until President Trump signs any bill into law next year.

“The fact that Republicans will control the House, Senate and White House next year positions them to advance budget reconciliation legislation that reflects their key tax priorities,” according to a primer on the tax questions facing the next administration and Congress by the Tax Policy Group in Deloitte Tax’s Washington National Tax Office. 

“Nonetheless, the built-in limitations of the budget reconciliation process plus the difficulties sometimes associated with holding together narrow majorities in both congressional chambers will require House and Senate leaders to tread carefully in putting together a tax package,” the report continued. “With these caveats in mind, it is critical for taxpayers to stay abreast of tax policy developments in Washington and to, as soon as possible, begin evaluating what is being put forward, modeling potential outcomes and planning the appropriate actions to take if and when these proposals go from high-level plans and talking points to fully framed legislation with substance, effective dates and, possibly, carve-outs and anti-abuse rules.”

But without knowing the specifics of any particular legislation and its effects on the provisions expiring a little over a year from now, following those steps may well prove easier said than done. After the bumpy path through the election, the last weeks of 2024 seem like a relaxing Sunday drive down a smooth road into 2025 in comparison.

“All of this sets up the prospect of a massive fiscal cliff for President-elect Trump and the incoming 119th Congress as they grapple with how to address the pending expiration of marquee TCJA provisions such as reduced income tax rates for individuals, increased exemption amounts for the individual alternative minimum tax and the estate and gift tax, the doubled child tax credit, the increased standard deduction and the 20% deduction for permanent passthrough business income,” the Deloitte report said.    

For a roundup of nearly five dozen tax-related stories from the past year on politics, practice management, investment strategies, health savings accounts, individual retirement accounts, estate planning, Social Security and more, scroll down the slideshow. To see last year’s list, click here.

Continue Reading

Trending