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Monthly Archives: July 2022

Former IRS Employee Sentenced to Prison for Tax Evasion – Really???

According to DoJ, a former IRS employee was sentenced to 13 months in prison today following a guilty plea in March in which he admitted to filing false tax returns and providing fabricated records to the IRS in an attempt to obstruct an audit of those returns. 

According to court documents, Wayne M. Garvin, 57, currently of Columbia, South Carolina, was a long-time IRS employee who most recently worked as a Supervisory Associate Advocate with the IRS’s Taxpayer Advocate Service in Philadelphia. 

For the years 2012 through 2016, while working as an IRS employee, Garvin prepared and filed with the IRS personal income tax returns on which he claimed false deductions and expenses associated with rental properties, fictitious real estate taxes on his personal residence and fabricated charitable contributions.

Moreover, on his 2013 tax return, Garvin deducted nearly $16,000 in false expenses associated with his employment with the U.S. Army Reserves. Although Garvin was formerly a member of the U.S. Army Reserves, he did not perform any reservist duty in 2013 and was not entitled to deduct any expenses related to that employment. In total, Garvin caused a loss to the IRS of more than $74,000.

Court documents also show that after the IRS began an audit of his 2013 and 2014 tax returns, Garvin attempted to obstruct the audit by submitting fictitious documents to the IRS. For example, to justify the false deductions and expenses on his tax returns, Garvin fabricated and submitted to the IRS auditors receipts from a church, invoices from a contractor and a letter from the Department of the Army. 

After learning he was under criminal investigation, Garvin later submitted some of the same fraudulent documents to IRS-Criminal Investigation.

In addition to the term of imprisonment, Garvin was ordered to serve three years of supervised release and pay restitution to the IRS in the amount of $ $74,662.

Have a Tax Problem?

Value Your Freedom?
Contact the Tax Lawyers at
Marini & Associates, P.A. 
 
 for a FREE Tax Consultation Contact us at
www.TaxAid.com or www.OVDPLaw.com
or Toll Free at 888-8TaxAid (888 882-9243). 

 

Read more at: Tax Times blog

When Should You Hire a Tax Attorney Instead of a CPA?

CPAs are a great resource for ensuring that you’re properly and accurately reporting all of your necessary tax information, as well as simplifying the filing process for you. 

However, when it comes to serious tax issues, a CPA may not be the best choice. While CPAs are knowledgeable on tax law and can be a great resource during an IRS audit, they’re not prepared to handle serious tax litigation issues. As such, the decision of who you’ll need to work with to resolve your tax issues may be unclear. These guidelines should help clear up which professional you’ll need to bring in to protect yourself from the IRS.

When Hiring a CPA is the Right Choice


The best time to hire a CPA is when you’re not dealing with any formal legal issues or extra-complicated tax matters. Choose a CPA when creating a basic financial plan for your business, or for your personal finances.

Both CPAs and tax lawyers can help you with simple tax preparation to minimize how much you owe the IRS while increasing your return amount. However, if your situation isn’t overly complicated, a CPA will cost you less than a lawyer.

When Hiring a Tax Attorney is the Right Choice


If your business faces legal tax issues, you need to hire a tax attorney because they have a deeper understanding of the legalities in the U.S. tax system. Hire a tax attorney if you’re one of the unlucky 2.5% getting audited this year or if you’re dealing with any other tax controversies. 

Choose a tax lawyer when receiving notices of debt collection. Or, if you get a letter from the IRS saying they’ve assigned a revenue officer to your account.

You should find a tax attorney for complicated tax preparation and when forming complex financial plans. Or, if the IRS puts a levy on your business’s bank account.

One of the Most Important Differences Between Hiring a CPA
or an Tax Attorney is That 
Tax Attorney's are Lawyers and are Granted Attorney-Client Privilege and a CPA Are Not.

Tax attorneys are also preferable as they can handle many kinds of difficult Tax Matters, including:

  • IRS Tax Audits
  • Back Taxes
  • Unfiled Tax Returns
  • Wage Garnishment
  • Account Levies
  • Property Liens
  • Negotiating with the IRS
  • IRS Penalty Relief
  • IRS Administrative Tax Appeals
  • Representation in Tax Court
  • Representation in Court of Claims for Refunds
  • Report previously Undeclared Income both Domestically & Offshore
  • Voluntary Disclosure of Tax Fraud
  • Criminal Tax Evasion

Tax lawyers often specialize even further, since tax laws in the U.S. vary greatly. For example, if you need to deal with an estate or trust, there are tax lawyers who only take on cases dealing with taxes in estates and trusts or if you need to deal with an International Tax issue, there are tax lawyers who only take on international tax cases. 

The Attorneys at Marini & Associates, PA are Highly
Specialized Estate, Trust & International Tax Attorneys,
With> 40 Years of Combined Experience in
Successfully Representing Taxpayers Before the IRS!

Contact the Tax Lawyers at 
Marini& Associates, P.A. 
 
 
for a FREE Tax HELP Contact Us at:
www.TaxAid.com or www.OVDPLaw.com 
or 
Toll Free at 888-8TaxAid (888) 882-9243 

Read more at: Tax Times blog

House Approves $13.6 billion for the IRS, an increase of $1 billion above fiscal year 2022.

The Appropriations Committee in the House of Representatives on June 24, 2022 approved the fiscal 2023 Financial Services and General Government bill, which provides funding for the Treasury Department and the IRS.


The Bill Includes $13.6 Billion For The IRS,
An Increase Of $1 Billion Above Fiscal Year 2022 "
And Continues Restoring The IRS From Draconian Cuts
This Agency Has Suffered For Over Almost A Decade,"

said Mike Quigley, an Illinois Democrat who chairs the Appropriations subcommittee on financial services and general government.

"This investment will support more effective and efficient enforcement activities that address taxpayers in all tax brackets," Quigley's statement read. "This funding will also support better customer service by reducing wait times and increasing assistance to people trying to pay their taxes."

The bill includes:

  • $3.4 billion, an increase of $630 million above the FY 2022 enacted level, for taxpayer services. This includes support for the Volunteer Income Tax Assistance matching grants program, clinics for low-income taxpayers, the national taxpayer advocate, tax counseling for the elderly, and increased personnel to improve IRS customer service.  

  • $6.1 billion, an increase of $682 million above the FY 2022
    enacted level, for enforcement. This money will support increased enforcement efforts and additional essential personnel.

  • $3.8 billion to fund IRS overhead functions for operations support.

  • $310 million, an increase of $35 million above the FY 2022 enacted level, for business systems modernization to upgrade IRS legacy computers and improve web applications and tax document processing.

Have an IRS Tax Problem? 
 

Contact the Tax Lawyers at 
Marini& Associates, P.A. 
 
 
for a FREE Tax HELP Contact Us at:
www.TaxAid.com or www.OVDPLaw.com 
or 
Toll Free at 888-8TaxAid (888) 882-9243 

Read more at: Tax Times blog

IRS Says Crypto Fraud Enforcement Outlook is Positive & New Crypto Form 1099-DA


A top official on the IRS team responsible for monitoring criminal tax activity is confident the agency is well-equipped to adapt to emerging threats to taxpayers in the cryptocurrency space.

Most cases opened by the IRS' Criminal Investigation (CI) division involving the use of cryptocurrencies and their blockchain architecture to illegally move funds fall under the U.S. Criminal Code. 

However, Tax-related Matters Have Become More
Commonplace In CI Operations, According To James Robnett, The Division's Deputy Chief.

"With crypto, we're beginning to see more tax work," he said on a June 24 panel at a tax forum hosted by New York University, explaining that about half of current cases are under the tax code. Despite the relatively new emergence of cryptographic technology, Robnett believes the IRS can still follow the money. He described crypto as "just another value" that can be traced, similar to other tax evasion or fraud schemes that use electronic wires or offshore banks.

Indictments with tax cases can take longer than money laundering cases due to reviews by the Justice Department and the IRS Chief Counsel's Office, according to Robnett. An argument establishing a pattern of criminal behavior beyond a plausible mistake requires more time with tax cases.

"We really have to nail down the intent, the knowledge and the purpose of why that person did what they did," he said.

CI will soon have at its disposal more transaction information with which to monitor criminal activity. 

"Beginning In 2023, There's Going To Be A New Form That Exchangers And Other Transactors Of Crypto" Must File On Behalf Of Customers, Robnett Said, Disclosing That It
Will Be Called Form 1099-DA, For "Digital Assets."

The new form will come in the wake of the Infrastructure Investment and Jobs Act (IIJA; PL 117-58), signed by President Joe Biden in November. A $1.2 trillion package, the IIJA featured new digital asset transaction reporting requirements, including an amendment to Code Sec. 6050 providing that taxpayers who receive over $10,000 in cash in one transaction or in two or more related transactions must file a Form 8300 for applicable transactions occurring on or after January 1, 2023. Digital assets are considered cash for these transactions.

The IIJA also amended Code Sec. 6045 to include transfers of digital assets as reportable on Form 1099 and expanded the definition of a broker to include those "responsible for or regularly providing any service effectuating transfers of digital assets on behalf of another person."

According to Robnett, Form 1099-DA is currently in the drafting stage with consultation from CI so that when copies are delivered to brokers' customers, figures can be accurately reported. The digital asset reporting framework under the IIJA originally indicated that Forms 1099-B would be used.

Robnett said the new Form 1099-DA will be available in time for CI's tax case work for the 2024 filing season.

Have a Virtual Currency Tax Problem?

Value Your Freedom?
Contact the Tax Lawyers at
Marini & Associates, P.A. 
 
 for a FREE Tax Consultation Contact us at
www.TaxAid.com or www.OVDPLaw.com
or Toll Free at 888-8TaxAid (888 882-9243). 


Source:

Thomson Reuters Checkpoint

Read more at: Tax Times blog

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