IRS Should Not Be Worrying About Do Not Call Registry
The Tax Court opinion of Judge Daniel Guy in the case of Giving Hearts, Inc. illustrates a waste of IRS resources and focus that is the result of our choice to have the wrong agency regulate not-for-profit organizations. If bad acting by an exempt organization is facilitating significant federal tax avoidance, having the IRS on the case makes a lot of sense. Other abuses of not for profit status should be dealt with by the agency whose business it is to deal with that particular abuse. That’s my takeaway. Here is the story.
Law Degree Held Against Defendant In Tax Scam
Before entering his guilty plea Mr. Box listened to a federal prosecutor describe his crime. A phony W2-G purportedly issued by Seminole Casino Coconut Creek was attached to his 2011 tax return. The W2-G showed gross gambling winnings of $3,775,0000 and federal withholding of $1,057,000 (That does work out to 28%, which apparently is what it is supposed to be.)
Of course with the top federal rate being 35% in 2011 28% withholding on millions of income is going to put you behind not ahead, but that is mostly taken care of with $3,525,266 in phony gambling losses resulting in a refund of $986,618. After offsetting some tax debts Mr. Box received a check for $735,463.69.
According to this story, this sort of thing should not work anymore as the IRS accelerates matching to occur before issuing refunds beginning with 2017 returns. Still that it ever worked for refunds of this magnitude is shocking. It is also tragic as it tempted people who might otherwise been harmless to turn themselves into big-time criminals
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Over and over again courts have said that there is nothing sinister in so arranging one’s affairs as to keep taxes as low as possible. Everybody does so, rich or poor; and all do right, for nobody owes any public duty to pay more than the law demands: taxes are enforced exactions, not voluntary contributions. To demand more in the name of morals is mere cant.