New York Lawyer Indicted For Tax Cheating

Over the years, this guy has made news by representing some controversial characters. This time, he made the news by being indicted himself. His clients include terrorists. He also represented a disbarred civil rights attorney Lynne Stewart. Stewart, incidentally, also represented convicted terrorists.

Stanley Cohen, a New York attorney, was indicted last week by a federal grand jury. The indictment includes allegation of not filing individual and corporate tax returns from 2005 through 2010. In short, he’s accused of being a tax cheat.

Pointer 1. A failure to file required tax returns may lead to trouble, including criminal indictments.

Mr. Cohen claims that “the indictment is a politically motivated attempt to silence him”. He also considers it a “witch hunt.” “This is the culmination of at least five years of harassing me, of seeking to silence me”. This is what he told The Associated Press.

Whether this is a witch hunt or just another tax evasion case, only the time will tell. In the meantime, Stanley Cohen deserves the right to be deemed innocent, unless proven guilty in the future. I wonder, does Mr. Cohen plan to hire a competent and experienced criminal tax attorney? As opposed, that is, to representing himself. If not, he may end up having a fool for a client.

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Former New York State Senator Guilty Of Tax Evasion

A former NYS lawmaker Nick Spano was sentenced to spend one year and one day in prison for tax evasion. He could be out in ten month. Obviously, the imprisonment is a truly harsh part of the sentence. The rest, however, is merely a slap on the wrist.

Tax crimes weren’t the only wrongdoing alleged by the federal prosecutors. According to the indictment, Spano collected over $480,000 from an insurance company. Apparently, these fees were the reward for having this insurer win a lucrative state contract while Mr. Spano was a legislator. But, is it really a big deal? After all, he was among the most powerful and influential politicians in New York. Besides, he’s just one of numerous New York State and local officials who used their positions for illicit gain.

Spano admitted to understating his federal and state income taxes by around $53,000 from 2000 through 2008. His guilty plea did not address other allegations in the indictment. He was also ordered to pay a fine of $30,000.

So, Mr. Spano is down, but not out. His behavior is not deemed unethical enough to adversely affect his $70,000 annual pension, as well as his profitable lobbying business.

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Will Your Taxes Be Forgiven On The Doomsday?

The last time I looked, there were no provisions in the federal tax code concerning the end of the world. Apparently, the members of Congress are much more concerned with the end of their own political careers. Besides, doomsday or not, they still need your tax money.

One man announced that the end was near. In the process, he stopped sending enough money to the IRS. Consider it bad luck or bad timing. But, whatever it was, the end of the world did not come soon enough for the self-proclaimed profit Ronald Weinland. The jury of his peers found him guilty on five counts. He will be sentenced on September 24, 2012.

Pointer 1. The end of the world is no excuse for tax evasion.

Weinland placed his church’s money in Swiss banks. That’s interesting. Did he believe that the Swiss banks could withstand the end of the world? Nowadays, the Swiss banks can’t even withstand the IRS’s pressure. Weinland also used his church’s money to stay in a hotel and casino in Las Vegas. I couldn’t find what he bet. Hopefully, it wasn’t his soul.

Even if you believe the doomsday is near, timely filing your tax returns and paying taxes will make you sleep better at night. As to Ronald Weinland, he was found guilty of evading around $350,000 in taxes from 2005 through 2010.

If you are curious about the details of Weinland’s prophecies, just go to ronaldweinland.com and have some fun. But, I suggest you hurry up. His website may not be active for long.

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Unlimited Marital Deductions – Some Other Things

In my previous post, I mentioned that leaving all property to the surviving spouse is not always the best or the only option available. This holds true even when potential transfer taxes are involved.

Sadly, many legal, tax and estate planning advisors push married clients into leaving everything to one another without considering all applicable rules and options. Such a strategy doesn’t always produce intended results, including tax savings.

The transfer tax laws are not easy. No wonder most the taxpayers must rely on various professionals for guidance. Regrettably, not all service providers engaged in tax and estate planning have what it takes to deliver a competent advice.

Pointer 1. The unlimited marital deduction is not automatic or absolute.

The unlimited marital deduction is not available when the property is transferred to a non-US citizen spouse. This applies to transfer by gifts, as well as after death. Being a permanent resident is not enough. The rules get more complex and confusing for non-US domiciliaries (non-domiciled aliens). Hence, transfer taxes should make you strongly consider expediting your citizenship paperwork. Provided that is possible, of course.

But, even the US citizens may not be entitled to the unlimited marital deduction. Generally, the marital deduction will not be allowed if the surviving spouse’s interest is terminable. Termination here means a potential loss of the right to use, possess, enjoy, or dispose of the property upon the occurrence (or non-occurrence) of some event.

So, the marital deduction planning can be in jeopardy when a spouse is not a US citizen. It may also be disallowed when a spouse receives less than a full interest in the property. Regardless, there are planning techniques that can be used to reduce (and even eliminate) the damage. To utilize available planning tools, though, you must first recognize the underlying problems.

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Unlimited Marital Deduction – Some Basics

Many individuals leave all of their assets to their spouses after death. Frequently, this is done in large part due to recommendations given by their advisors. The latter include lawyers, accountants and estate planners, among others. They all want to beat the IRS. But, things don’t always work out as intended when alternatives are not considered. Potential unpleasant surprises include unexpected taxes and other problems.

The unlimited marital deduction is not just a tax write-off. It is an important planning tool. It may be of no use to you if you don’t have much during lifetime or at the time of death. For certain individuals and families, however, this deduction can be utilized to defer or reduce gift and estate taxes.

The basic idea here is indeed devilishly simple. A husband and wife can transfer assets to each other without worrying about transfer taxes. Property can be transferred between the spouses during life by gift. Property can also be transferred to a surviving spouse after death.

This marital deduction reduces the value of spousal transfers to zero. This is why they call it unlimited. By contrast, transfers between non-spouses may be subject to transfer taxes when the value of such transfers exceeds certain thresholds.

In the real world, the application of the unlimited marital deduction rules is trickier than it appears on the surface. Hence, many people end-up being liable for unanticipated gift and estate taxes. But, the problems are not limited to unnecessary tax losses. One’s children and grandchildren can be easily deprived of inheritance as a result of a poor or no planning.

It is not unusual to have everything transferred to the surviving spouse after death. If this is what you really want, then there is nothing wrong with that. Frequently, though, this is done primarily (and even exclusively) to eliminate transfer taxes. But, such strategy may backfire both in terms of unexpected taxes and other problems.

Pointer 1.  Do not blindly accept your advisors’ recommendations to leave everything you own to your husband or wife.

On the surface, the unlimited marital deduction appears to be straightforward. But, just like with many other tax laws, there are exceptions. There are also exceptions to exceptions. This deduction is really a great tax and estate planning tool. But, don’t forget to explore other options available to you, your family and other heirs.

I will discuss a bit more on this subject in my next post.

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Tax Avoidance Via Renunciation Of Citizenship

I haven’t even heard of Eduardo Saverin until around a few weeks ago. Now, I feel compelled to write a story about him. Well, not really about him. My little tale is whether or not his conduct qualifies him as a tax cheat.

As he renounced his US citizenship, Saverin was vilified. But, there were also those who applauded his decision. Those on the far right hail him as a hero. Those on the far left dub him a traitor. Many of those in between seem to be confused.

Now, let’s think about it. What has he exactly done that makes him a hero? By the same token, what has he done that falls under the crime of treason? There are plenty of reasons why a citizen may want to renounce his or her citizenship, American or any other. In the spirit of this blog, I would like to limit my discussion to tax related reasons.

Taxes have to do with one’s legal responsibility. Like them or not, you must comply with all the tax laws applicable to your specific situation. You must file all necessary paperwork, as well as pay required taxes.

Compliance, however, doesn’t mean that you have to pay a red cent more than the tax laws require. Paying more taxes than you owe has nothing to do with patriotism and/or heroism. Doing so is simply foolish. It is also irresponsible.

As an individual, your primary responsibility is you, your family and those you love. Less taxes simply means more wealth for your family. If you are in charge of a business, your primary responsibility is to its shareholders and owners. Corporate tax savings mean more income to the company and its owners.

Pointer 1. Paying more taxes than the law requires is neither heroic nor patriotic.

Saverin said the decision to renounce his US citizenship was not triggered by taxes. Yeah, right. Many others, yours truly included, think otherwise. But, does it make Mr. Saverin any better or worse if his real purpose was to save a fortune in taxes?

It seems Singapore has no capital gain taxes. Hence, if Saverin chooses to sell some of his Facebook’s shares of stock at a $100 million profit, he can keep the entire amount for himself. Currently, Singapore has no estate/death taxes. In the event of death, his property would be transferred to any heirs of his choice tax free. Do the math. Even if you believe Warren Buffett’s tax rate fables, this is big bucks.

Some folks don’t even save any tax money by renouncing their US citizenships and permanent residency status. Instead, they do it to escape additional compliance paperwork and related headaches.

It is important to understand the difference between tax avoidance and tax evasion. The term “tax avoidance” boils down to minimizing you taxes by means the law permits. It is even perfectly OK to eliminate you taxes altogether, as long as you follow the rules. By contrast, the term “tax evasion” refers to intentional violation of law. Evading taxes is a criminal act.

Tax avoidance is your right. Tax evasion is a crime punishable by law. Equating the two acts is simply wrong. If Mr. Saverin did what he did to save taxes, then he simply exercised one of his rights. There is nothing sinister in doing so.

Pointer 2. Tax avoidance and tax evasion are two different animals.

It seems that Eduardo Saverin has not violated any American tax laws. In my book, this doesn’t make him a hero. But, minimizing his taxes doesn’t make him a villain, either.

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Income Tax On Distribution Of Pension Owned Life Insurance

Qualified retirement (or pension) plans may be able to purchase life insurance on the lives of their participants. Not all types of plans can do that. Those than can, must follow strict rules. Life insurance purchases must also be allowed by the plan document.

Contributions to qualified pension plans are income tax deductible by employer. The same contributions are excluded from the plan participant’s taxable income. Well, at least until after the pension money is eventually distributed.  The money contributed to the plan could be used to purchase life insurance when allowed. In simple words, pension plans can serve as a vehicle to write-off life insurance premiums.

In the event of death, insurance proceeds are frequently paid to the plan. The same money must be later distributed to the participant’s beneficiaries. How do the life insurance beneficiaries have to treat such proceeds for income tax purposes?

Generally, life insurance death proceeds are not income taxable. Likewise, premiums are not income tax deductible. But, when a pension plan pays premiums, this money has already been deducted from gross income. Does it also mean that different rules should apply to death proceeds?

Example. John Taxpayer was a participant in a profit sharing pension plan. The plan owned an insurance policy on his life. John died and the insurer paid $1,000,000 in death proceeds to the plan. The plan’s representatives paid this money to John’s designated beneficiaries. The cash value of the policy was $200,000 at the time of death. What is the income taxation of life insurance benefits distributed to the beneficiaries?

Before I give you the correct answer, let me share with you some of the useless advice given by the real-world advisors involved in a similar situation:

  • Everything is taxable (by tax practitioner)
  • Nothing is taxable (by insurance broker)
  • This is a non-probate property and I don’t do taxes (by probate lawyer)

Pointer 1. Choose your advisors wisely.

Here is the correct treatment of the death proceeds for income tax purposes in the above example:

  • Life insurance death benefit is income tax free to the extent it exceeds the cash value ($1,000,000 – $200,000 = $800,000)
  • The cash value is income taxable as a qualified retirement plan distribution
  • The taxable portion of insurance is further decreased by economic benefit costs (this info should be provided by the insurer)

Also, please note that the entire $1,000,000 is included in gross estate for transfer tax purposes.

Pointer 2. Pension owned life insurance can greatly improve your benefits on a tax favored basis.

Reporting less than required for income tax purposes may result in unnecessary penalties, interest and related headaches. At the same time, be careful not to pay more than you have to. A significant portion of pension owned life insurance proceeds may be excluded from income taxation.

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Hewlett-Packard Vs. IRS

Hewlett-Packard used to make great laser printers. Well, at least in comparison to its competitors. It seems these guys wanted to earn their money by manufacturing superior products. In computer years, though, that was a pretty long time ago. Recently, they apparently decided to switch to making their money the old fashioned way, such as investing in abusive tax shelters.

The tax shelter in question was created by American International Group. Not so long ago, AIG received from the politicians an astronomical amount of dollars financed by taxpayers. On top of that, they were granted tax breaks worth billions. So why not sell tax benefits to others?

One common characteristic of all abusive tax shelters boils down to not having any economic substance. The transactions are structured in such a way that no reasonable possibility of a profit exists. Instead, the only intent is to create tax write-offs out of nowhere.

Generally, there is nothing wrong in arranging one’s affairs so that taxes can be reduced to the minimum (and even eliminated altogether). Provided, of course, the taxpayers do it by means permitted by law. This is not just my humble opinion. This is a time tested position of the federal court judges, including ones in the US Supreme Court itself. But, the same judges frequently frown at transactions they view as shams. This case was no exception.

This US Tax Court case involved three different tax years, foreign tax credits, alternative minimum tax and a capital loss. HP emerged from the courtroom losing around $190 million.  Click here to read HEWLETT-PACKARD COMPANY AND CONSOLIDATED SUBSIDIARIES v. COMMISSIONER OF INTERNAL REVENUE, T.C. Memo. 2012-135.

In conclusion, let me point out that my decision to stop using HP printers is in no way related to Hewlett-Packard’s loss to the IRS.

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Your Tax, Financial And Estate Planning Team (According To Krylov)

Just relax, close your eyes and take a deep breath. Imagine your tax advisor being a crawfish or crab. You have a pike as your lawyer. Also, pretend your life insurance salesperson is a lady who looks like a gorgeous swan. This is your tax, financial and estate planning team.

You may think I am trying to pool your leg. But, be patient enough to read the fable below. This is one of the English versions of Ivan Krylov’s masterpiece. Here it comes.

The Swan, the Pike, and the Crab

Whenever companions don’t agree,
They work without accord;
And naught but trouble doth result,
Although they all work hard.

One day a swan, a pike, a crab,
Resolved a load to haul;
All three were harnessed to the cart,
And pulled together all.

But though they pulled with all their might,

The cart-load on the bank stuck tight.
The swan pulled upward to the skies;
The crab did backward crawl;
The pike made for the water straight —
It proved no use at all!

Now, which of them was most to blame
’Tis not for me to say;
But this I know: the load is there
Unto this very day.

Does it remind you of your real life advisors? In a perfect world, your advisors would do what’s best for you and your family. In the real world, your advisors frequently do what’s best for their kids – at the expense of yours. Hence, choose your tax, financial and estate planners wisely.

Pointer 1. Fables can teach you a lot about yourself, your friends, as well as your advisors.

Pointer 2. Some creatures simply cannot work with others. Take it into consideration when choosing your tax and other advisors.

In conclusion, I would like to apologize for not giving credit to the person responsible for the above English version of the fable. I saved the text, but failed to save the translator’s name. If you know who it is, kindly drop a note.

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Taxes, Fables And A Few Other Things

One can learn a lot from a fabulist. In case you don’t know, these are the dudes (and dudettes) who write fables. As far as I am concerned, The Big Three in this category consist of Aesop, La Fontaine and Krylov.

From fables, you can learn a lot about yourself, your friends, as well as the human nature in general. What does it have to do with taxes? Well, the fables can help you understand who your tax, financial and estate planning advisors really are. They can also give you a better idea how tax laws are created and implemented.

Aesop is the best known of the three. Ironically, it is not even known for sure if Aesop ever existed. If he did, it was around two and a half millennia ago. Both La Fontaine and Krylov wrote their fables way before the 16th Amendment was ratified. This amendment is what makes income and estate taxes legitimate. Yet, their fables apply to today’s tax legislators, tax practitioners and taxpayers.

Think what you will about John F. Kennedy, but you can’t argue he wasn’t clever. Mr. Kennedy presented a Krylov’s fable to the Soviet Foreign Minister Gromyko to make a point. It worked. Has anyone given a thought of presenting some fables to Barack H. Obama?

I won’t give you any pointers today. You can easily find plenty of cool fables. You don’t even have to buy any books – just search the Internet. So, read some fables and make your own pointers.

Next time, I plan to post a fable that is going to help you recognize at least some of the tax, financial and/or estate practitioners you do business with.

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