Posted On: May 9, 2008

Calfornia Tax Problems -Criminal Tax & Fraud

Sacramento woman guilty of grand theft, state tax fraud
On April 3, A Sacramento woman pleaded no contest to one count of grand theft with an enhancement for a theft involving more than $150,000 and three counts of filing false state income tax returns.

Jill L. Platt, 36, pleaded no contest to the charges in a plea agreement. According to court documents, Platt embezzled more than $150,000 from her former employer, a local engineering firm. Platt had access to the company’s credit card and used it from September 2004 to October 2006 for personal items such as food, beverages, and entertainment. Platt also failed to claim the credit card purchases as income on her 2004, 2005, and 2006 state income tax returns. All income is taxable including income from illegal sources.

Platt faces a maximum of five years in state prison if sentenced to the full term under the plea agreement.

This was a joint investigation between the Sacramento County District Attorney’s Office and FTB.

Contra Costa woman arrested on suspicion of tax evasion

State and local investigators arrested a Martinez woman on April 7, on suspicion of state income tax evasion after she failed to appear in court on an unrelated matter.

Nanette Conley, 54, is the owner of Allstate Glass Centers Inc. The Franchise Tax Board alleges that she failed to pay $50,000 in personal income taxes between 2001 and 2003. She also is alleged to have filed a fraudulent 2004 state income tax return failing to claim the income she received from her business. According to the tax board, Allstate Glass Centers did not file 2002, 2003, and 2004 corporate tax returns.

Contra Costa sheriff's deputies arrested her at her home on the bench warrant and another alleging tax evasion.

She was booked into County Jail and held on $75,000 bail on the tax charges, and $10,000 bail on the failure to appear warrant. Each felony tax count carries a maximum term of 3 years in state prison.


Riverside man arrested April 15 on state income tax charges

On “tax day,” April 15, an Upland man was arrested on felony charges of filing false state income tax returns.

Jose Alberto Garcia, Jr., 28, is the owner and operator of Mi Oficina Income Tax, a.k.a. My Office Income Tax, a tax preparation business. According to FTB investigators, Garcia allegedly filed false tax returns for 2001 – 2004, failing to claim the nearly $968,000 in unreported income he earned during these years. The failure to claim the income was first discovered by FTB’s Fraud Prevention and Detection Unit. This program targets people who earned California income, but did not claim the income on their tax return. An earlier search warrant executed on Garcia’s bank account revealed the additional income. After today’s arrest, FTB investigators executed eight more search warrants on Garcia’s eight tax preparation businesses. Mi Oficina Income Tax offices are located in La Puente, Los Angeles, Ontario, Riverside, San Bernardino, Santa Ana, and Temple City.

Each felony tax count carries a three-year maximum term in state prison. All income is taxable, including income from illegal sources. Garcia owes the state more than $85,000 in unpaid tax on the unreported money. Penalties, interest, and the cost of the investigation will be added to the FTB’s restitution request.

Garcia was booked into the West Valley Detention Center in Rancho Cucamonga. Bail was set at $100,000, and his next court date has not been set.

Posted On: May 8, 2008

IRS Tax Free Withdrawal From IRA Retirment Accounts

Los Angeles Tax Attorney — Economic stimulus payments directly deposited into IRAs and other tax-favored accounts may be withdrawn tax-free and penalty-free, the Internal Revenue Service announced today.
This relief is designed to help taxpayers who may have been unaware that by choosing direct deposit for their entire regular tax refund, they were also choosing to have their stimulus payment directly deposited as well. If a taxpayer elected a split refund, however, their stimulus payment will be paid by a paper check.

This relief is available for amounts withdrawn from these tax-favored accounts that are less than or equal to a taxpayer’s directly deposited stimulus payment.
To qualify for this relief, funds must be taken out by April 15, 2009, in most cases. Without this relief, taxes, penalties and other special rules would apply to amounts removed from these accounts. Regular refunds are not eligible for this relief.

Eligible tax-favored accounts include traditional and Roth IRAs, health savings accounts (HSAs), Archer MSAs, Coverdell education savings accounts (ESAs) and qualified tuition programs, also known as QTPs or 529 plans. Thus, for example, a taxpayer whose $1,200 stimulus payment is directly deposited into his or her IRA can take out anywhere up to $1,200 from the IRA, tax-free and penalty-free.

In general, the deadline for these withdrawals is the due date or extended due date for filing a 2008 return. This means April 15, 2009, for most taxpayers, or Oct. 15, 2009, for those who obtain tax-filing extensions.

Posted On: May 7, 2008

Tax Problem in California? Check to see if you owe taxes.

California Franchise Tax Board lists names of individuals and businesses that owe taxes to the state. Top 250 who owe taxes to California FTB

According to the FTB, there are several notable individuals owe a lot of taxes to FTB.
Among the list are O.J. Simpson, the comedian Sinbad, and Dionne Warwick, who owes over $2.7 million.

At the top of the list is a $6.1 million corporate tax delinquency. One other corporate delinquency is in the top 10 highest tax amounts, owing $2.7 million. The remaining eight of the top 10 amounts owed are for personal income tax delinquencies, owing from $2.1 million to $4.4 million. Six of the top ten have California addresses, and four are located out of state.

FTB is required by law to post a list of the 250 state income tax debtors who owe the largest amounts greater than $100,000 in tax, after first notifying them that their delinquencies will become public. Since January 2008, the State has received approximately $4.2 million in payments from taxpayers desiring to keep their names from being posted. More than $500,000 was collected last year when the original list was posted in October.

Taxpayers who do make the list can have their information removed by paying the tax in full, or agreeing to pay by installment. Tax liabilities under appeal, litigation, in bankruptcy proceedings, or under consideration for an Offer in Compromise are not included on the list.