Bakery Owner Can’t Have His (unpaid tax obligation) Cake and Eat It Too

macaron cookieOne baker seems to have gotten caught with his fingers in the cookie jar:

Owner of Kasia’s Bakery in New Britain, CT Marian Kobryn pled guilty to tax evasion by operating his business on a cash-only basis and not reporting the cash income or (of course) paying tax on it. From 2010 to 2013, sales totaling $730,860 were deposited into personal bank accounts usually under $10,000 to evade bank’s currency transaction reporting requirements (another illegal practice known as “structuring.”

Pleading guilty to one count of making a false statement of a federal tax return, Kobryn was sentenced to time served due to serious health issues, Kobryn has been ordered to pay restitution in the amount of $435,00 to cover back taxes owed, hence being compelled to restore that raided cookie jar.

Allan Pearlman Radio Interview: Tax Tricks, Trips and Traps

People and the news devote lots of attention to important dates like April 15th — tax return filing day — and October 15th — the second filing deadline for all the taxpayers who got automatic extension of the April 15th deadline. In fact for many of us, the IRS and other taxing authorities demand attention on many other occasions throughout the year.

And because there can be tax problems, tax controversies, tax disputes with the IRS that come up at any time, attorney Jack Tuckner, the host of a politics and current events oriented radio talk show, invited me in to talk about tax controversies — collection issues, audits, offshore tax issues, voluntary disclosures, offers in compromise, and similar Radio_noisyissues.

So, on Tuesday afternoon, October 20th, 2015, far, far away from April 15th, and after the October 15th deadline has passed, I met with Jack Tuckner and his partner in radio, Deborah O’Rell, to talk about the IRS and New York State’s Department of Taxation and Finance on there weekly show, Women’s Rights in the Workplace on the Progressive Radio Network,

The original plan was to discuss the inner workings of the IRS, and how tax payers might best protect themselves from the eager claws of the government for a half hour. But before we knew it a whole hour went by.

The Women’s Rights in the Workplace show describes our conversation like this:

GrimDeath+IRS“Did you know that your wages can be garnished, your bank accounts and home can be seized, and even your driver’s license can be revoked due to back taxes? Join Jack & Deborah as they welcome to the show good guy tax attorney Allan R. Pearlman, who’ll provide insight, tips and “secrets” to avoid getting into boiling hot water with the taxman.”

The whole discussion, warts and all, is here:

IRS: Skimming is for Milk, Not for Tax Reporting, & Bar Owner Finds Self in Pickle

This might be called the Case of the Candid Calendar. A Wisconsin bar owner was sentenced to 18 months in federal prison and ordered to pay a $100,000 fine for filing false tax returns.

Cat-laps-milk-glassAccording to court records, Jared Jerome Hart, 36, of Eau Claire, Wis., owned a tavern called The Pickle Bar. His bar accepted payments only in cash, and at the end of each day, tavern employees would place daily sales in a safe for Hart to pick up. Hart would count the cash, and then record a number for the day in his own daily calendar. Hart would then deposit only some of the cash from into the business account.

Hart gave his accountants the payroll information, bank statements, the check register and vendor invoices. From these records, which Hart knew were incomplete, the accountants created the official books of the bupicklesiness.  Hart never told his accountants about the cash he was “skimming” from the tavern, or the second set of books he was keeping at home.  Hart’s daily calendars were discovered during the execution of a search warrant at his home in June 2012.

Between 2008 and 2011, there was more than a $1 million discrepancy between the gross receipts of The Pickle Bar reflected in the books the accountants maintained and the second set of books Hart maintained at his home.

Chiropractor Adjusts Tax Return, Gets 15 Months

Working on more than spines, a Pennsylvania chiropractor attempted a sort of tax decompression by manipulating and adjusting her tax return to file a 2006 federal income tax return that falsely claimed her taxable income was $89,754, when, in fact, she had taxable income of $1,151,928, and owed at least $363,566 in taxes for that year.

Unhappily for tspine-diagramhe chiropractor, Maria Giacalone-Hewson, 43, of Canadensis, Penn., who operated Canadensis Healthcare Inc. was sentenced to 15 months in prison for aiding the preparation and filing of a false federal income tax return and false statements relating to healthcare matters.

At her sentencing, Giacalone-Hewson was also ordered to pay $113,821 in taxes that she owed forthe years 2007 through 2010.

In addition to the prison term, Judge Mariani ordered that Giacalone-Hewson be supervised by a probation officer for three years following her release from prison.

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Letter from the Editor: A Tale of Two Tax Penalties

While the weather is still cold much of the time these days, now in early February, the days are already a little longer than just a month ago. And though it is often cold, after a string of 18 and 19-degree days followed by eight and nine-degree days, a 30-degree day feels downright spring-like. Almost t-shirt

Any moment now it will be Valentine’s Day. Then at the end of February, major league baseball’s spring training starts. Alas, not long after that comes Tax Day, April 15th, and with it the annual ritual of gathering up one’s bank statements, W-2’s and 1099’s, and sundry receipts tucked away in wallets, desk drawers, and other places you’re trying to remember right now, so that we, on our own, or with help can prepare and file our tax returns.

Because I’ve worked with many a taxpayer who somehow strayed from the righteous path, to represent them so that they did not have to take on the IRS (or New York’s DTF) alone, I’ve heard many stories about how it was that things went wrong.

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Celebrity Lettuce: Terrence Howard’s Tax Strife Used as Weapon to Foil Ex-Wife

Academy Award-nominated actor Terrence Howard owes the Internal Revenue Service $1.2 million and the state of California $156,000 in back taxes, according to papers he filed in court.

According to reporting by TMZ, Howard argues that these substantial federal and state tax debts make him able to afford only to pay his ex-wife, Michelle Ghent, the $2,000 he’s paid her, not the nearly half million dollars in spousal support and legal fees she’s demanding.

Time will tell, as the litigation process grinds forward, whether Howard’s argument will be successful.

Simple Math: $66 is Not $198,713, and so, a Plea of Tax Evasion is Pled

The pluses and minuses of understating one’s income on a tax return include, on the plus side, one’s tax bill will be smaller. But, on the minus side, such an understatement is a crime with serious consequences.

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The Audacity of Tax Fraud: Promoter Sentenced to Nine Years

One enterprising criminal tax fraud promoter has put a new twist on the concept of “robbing Peter to pay Paul,” in a scheme which might be described as robbing Uncle Sam to pay citizens of the Great White North: persuading Canadian citizens to file fake United States tax forms to collect real refunds from these fraudulent claims.

A Canadian tax fraud promoter who was extradited from Canada and convicted at trial was sentenced to nine years in prison for conspiracy and three counts of wire fraud. The sentencing judge cited the “audacious nature” of his scheme.

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Withholding But Never Letting Go Gets Businessman Sentenced to 15 Months

All too often business owners find all that money they have withheld from employees’ paychecks much too tempting. Instead of paying it to the IRS, as they are obligated, they keep it, and use it for other things, like the electric bill, or a supplier whose supplies are necessary for the business to stay in business. Other people’s money used for things for which it was not supposed to be used. This can lead to problems. For example:

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The Sin of Snipes, Replayed: Mayor Pleads Guilty to Failing to File Tax Return

The mayor of Mount Vernon, N.Y., just north of Manhattan, has pleaded guilty to failing to file corporate and personal income tax returns. Failing to file tax returns is the same crime for which Hollywood film star Wesley Snipes famously was convicted and for which he spent nearly three years in federal prison.

Mayor Ernest D. Davis, 76, faces up to two years in prison as a result of his plea agreement.

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