Date: June 2015 Preparer: Hannah Wittman Subject: Embezzlement and Innocent Spouses Facts: In April of 2015, Elizabeth filed a joint tax return with her husband Gary. Both spouses are 67 years old and have no dependents. After filing their tax return, Elizabeth realized that Gary has 500,000 of embezzled funds in a bank account that she was unaware of. Although the embezzled funds earned $25,000 of interest, they were not reported on the couple’s 2014 tax return. The following income and deductions were reported on the tax return. Gross Income $295,000 Deductions for AGI $8,500 Itemized Deductions $13,700 Issues: 1) What is the couple’s taxable income and liability using the amounts reported on the tax return? …show more content…
The embezzled funds significantly increase the taxable income and tax liability, adding an additional tax cost of $199,287.10 compared to what was originally filed on the 2014 tax return. In the Internal Revenue Code, Reg. § 1.6015-2 discusses the protocol towards the liability of innocent spouses who filing jointly. Based on the this regulation, Elizabeth may make a request to the IRS to be relieved of joint and several liability for the amount of income that was understated on the 2014 tax return. In order to make this request, Elizabeth will have the burden of proof to ensure that she filed jointly in the year of the embezzlement, that the understatement of income occurred because of Gary, at the time of signing the 2014 tax return Elizabeth had no knowledge or reason to know about the embezzled funds, and it must be proven unjust for Elizabeth to hold liability for the understatement. Because Gary held all the embezzled funds in a bank account that Elizabeth had no prior knowledge of or reason to know of, she should be excused of the full understatement amount following her request to the IRS. Gross Income | $295,000.00 | Deductions for AGI | $8,500.00 | AGI | $286,500.00 | Greater of Standard or itemized deduction | $14,800.00 | Personal and Dependency deduction | $7,900.00 | Taxable Income | $263,800.00 | Tax Liability | $62,958.50 | Appendix A: Gross Income | $320,000.00 | Deductions for AGI | $8,500.00 |
Mrs. Bias stated that the Lien Unit took money out of her account without notifying them; they received a letter after the money was already on hold. Mrs. Bias stated she sent the Lien Unit bank statements, direct deposit statements, copies of checks from the credit union, and paid the credit union to pull the drive-thru video to show that she was the one that made the deposits. She stated that the Lien Unit told her the information she provided was not sufficient. She stated she put Mr. Bias’ name on the checking account so that when he was working his checks were direct deposited. In addition, Mrs. Bias stated that the NCP was never on her savings account, which is the account the money was taken from. Mrs. Bias stated the NCP has been laid off since March 2015; there is no money being deposited in the account by neither the NCP nor anyone else other than herself since 2013 because they were separated for a while. The NCP stopped direct deposit for his checks. Mrs. Bias stated that the money she did prove was hers, she sent the Lien Unit proof of direct deposits from her job; the Lien Unit gave her part of the that money back, not all of it. So now, at the hearing, she has proof that the remainder of the money is hers. She
The investigation brought about the dissolution of the firm. Mr. Lomanno became fearful that this investigation would expose his embezzlement scheme. He decided to seek legal advice and he contacted a criminal attorney. The matter was taken up with the office of the US Attorney. He confessed for all his wrong doings and was offered a plea bargain which had a condition that he file his returns for the year 1986, 1987, and 1988 which had not being filed. The income from embezzlement was reported as “other income” and was in tunes of $45,007 for 1987 and $15,005 for 1988. Because he did not want the petitioner to know about this, he prepared the returns alone and tried to hand them in unsigned. The officers saw the unsigned part and wanted it signed. He went ahead and forged the signature of the petitioner. The petitioner came to learn of her husband’s embezzlement in the year 1990 through a probation officer and through a letter received from IRS revenue agent. The couple divorced in 1991. Mrs. Lomanno petitioned to be exempted from the tax return payments. In this case, the petitioner filed a subject motion for attorney’s fees and litigation costs.
Embezzlement punishment usually results varies from fines, jail or prison time, or sometimes both Each state has its own penalty schemed pending on value or type of property you have embezzled. Many states require defendants to pay victim(s) in restitution. In the state of New York, the law
There are several options that joint and individual filers can use when it is time to file their taxes. They can file single, married filing separately, Married filing jointly, Head of household, qualifying widow(er) with dependent child. In this situation I would recommend Spouse A and Spouse B to file jointly. They will qualify for 5 exemptions, 2 personal exemptions for themselves, and 3 exemptions for their children because they all live at home and are under the age of 19. They are not able to claim Spouse B’s mother because they were not responsible for more than half of her support for the year. Spouse B’s mother contributed $7920 to the family. The Spouses calculated that they have spent $7000
Ms. Burgos related that her mother does not speak English and that she would act as an interpretator. Ms. Burgos advised that her mother received correspondence from the IRS dated 04/06/2016, informing her of an adjustment and refund due to her in the amount of $2,104.00 from income taxes filed on 04/15/2014 .
a.) If a taxpayer omits an amount of gross income in excess of 25 percent of the gross income reported on the return, the statue of limitation is increased to 6 years . So I will explain Andy that the IRS is not barred from accessing his income if he is audited. Also , there is no statue of limitation on cases that involve fraud. Fraud involves specific intent on the part of the taxpayer to evade a tax. Since Andy is aware that he has omitted this amount,it would be fraudulent not to report it.
As we have learned in Scenario # 4, Jeff and Elena file as MFJ, combining their income and forms 1095-A. Since Elena got married during the year she wants to claim the “Alternative Calculation” on Form 8962 for months prior to the marriage. She doesn’t want to pay back the $138 calculated in Scenario #4.
Whether or not the bank was correct in its understanding of the tax implications of the decision to proceed with a personal loan, the fact is that, that is what they did. I have serious doubts as to whether we will get much traction out of a claim that the bank misunderstood the tax implications of the transaction. I believe that the strategy must be much more closely focused on the fact that the documentation was(for the second) submitted to Jill Mitchell for execution on the basis of a misrepresentation of fact(fraud in the execution) as to what the documentation was intended to
“Have you ever had a little brother or sister go through all of your belongings and find money and end up stealing it, knowing they were doing wrong. Just because this happened to you when you were younger does not mean that it can not happen to you when you are an adult. A Boston-area psychiatrist, for example, forfeited $1.3 million and was sentenced to several years in federal prison following his late-1990s conviction on 136 counts of mail fraud, money laundering and witness intimidation related to his fraudulent billing of several health insurers for psychiatric therapy sessions that never took place-using the names and insurance information of many people whom he actually had never met, let alone treated. (He also went so far as to write fictitious longhand session notes to ensure phony backup for his phony claims.)”(Webinar) Fraud is something that can happen on any level where a crime can be committed by a person, knowing they are doing it and still getting away with it or by accident knowing that their actions were innocuous, either way fraud is fraud and as sad as it is to say, it happens every day by millions of people, not just the IRS. “Few attempts have been made to actually see how
The IRS audits tax returns when it is more likely that it will have errors. The problem is that the IRS cannot audit all of the public audits because that would take a lot of time and money. Usually, the IRS audits people with the higher income than lower income. In this case, it was a higher income that commits fraud, so I am thinking to myself that if this person with higher income could evade the tax law, those people in the middle or low income might evade the law and the IRS do not notice. In this case, the IRS performed a field audit in which financial information is checked review to ensure that the information is reported correctly according to the tax laws.
Tax fraud can be stated simply as: willfully supplying fraudulent information on tax returns to the Internal Revenue Service (IRS). As we know, no one is perfect and mistakes are made quite often, but the operative word in
Embezzlement is theft or misappropriation of funds placed in someone’s trust or belonging to an employer. Embezzlement is also considered a white collar crime in which it also includes theft and misusing of anyone funds, Embezzlement occurs when a person entrusts their property to another person, but the person who in possession unlawfully takes ownership with the intent to defraud the original owner. Misusing accounting is one factor in majority of the embezzlement cases. Here is one example of embezzlement is where an employee is over a certain amount of company money. The person then has lawful possession of the funds if they put the money into a different account for their own personal use, it can be considered embezzlement. The difference
The media attention this scandal has received has sparked an ongoing debate on the role of the IRS moving forward. As new information is surfacing, the conversation is continuously changing. In October of 2015, after over two years of investigation Lerner and the IRS were not found to be guilty. Assistant Attorney General Peter Kadzik noted, “Our investigation uncovered substantial evidence of mismanagement, poor judgment and institutional inertia, leading to the belief by many tax-exempt applicants that the IRS targeted them based on their political viewpoints. But poor management is not a crime.”
An employee of my client company, Saudi Airline Catering (SAC), embezzled $24,300 through a scheme that had gone undetected until discovery by an accountant after this employee made a claim that Saudi Airlines had deducted $6,000 from his salary. The employee, Adam, was not approached by SAC about the embezzlement to pay the money back. Instead, a spokesperson for SAC claimed that this employee would likely refuse to acknowledge his criminal behavior, so my client, SAC, decided to go ahead and try to recoup the money through deducting it from his salary. In addition, SAC intended to black list Adam from procuring commissions for sales on future SA flights because of his embezzlement crime. Yet, when suggested that SAC pursues a legal action against Adam, SAC declines to pursue the matter in a Saudi courtroom because of the supposed hassles entailed in doing so and the length of time it would take to convict Adam of this crime and force him to repay the money he stole from SAC. However, by taking this suggested action, it is evident that Adam will possibly take up a lawsuit against SAC for deducting that amount of money from his salary and blacklisting him from receiving any future sales commissions. In addition, this employee may charge SAC with any number of violations of their legal relationship by seizing this kind of money from his salary and suspending his sales commissions based on the assumption that he embezzled the money. If this legal development
The Innocent Spouse Relief can be requested when a spouse requests relief from tax, interest, and/or penalties if the other spouse has hidden income from her and she did not know about the omission in the business income . In order to qualify for innocent spouse relief, the spouse requesting relief has to meet certain conditions. The conditions are as followed: requesting spouse filed a joint return, there is an understated tax on the return due to erroneous items of the former spouse, can show that when signed return the requesting spouse did not know that the understated tax existed, and it would be unfair to hold liable for the understated tax . The IRS will investigate to make sure an innocent spouse did not know about the hidden income using certain factors . On the IRS website the factors were stated as “Whether the wife received a significant benefit from the understated tax, whether the spouse deserted her, whether the wife or husband have been divorced or separated, and whether the wife received a benefit on the return from the understated tax.” In this paper, concealment of income will be discussed using court cases including: Wilson v. Commissioner of Internal Revenue,