"Taxes
are what we pay for civilized society," said U.S. Supreme
Court Justice Oliver Wendell Holmes Jr.
But
President Calvin Coolidge said, "Collecting more taxes
than is absolutely necessary is legalized robbery."
Somewhere
between civilization and theft lies our obligation to Washington,
D.C.
While it's good business to minimize expenses (including
taxes), wandering into illegal areas is never a wise choice.
Remember, "Ignorantia juris non excusat." That's
a fun phrase meaning, "Ignorance of the law is no excuse."
Each
February, the Internal Revenue Service publishes its "Dirty
Dozen" list. The list contains the most blatant tax-related
scams affecting American taxpayers.
This
year's collection reveals five new swindles. At the top
of the list are fraudulent refunds being claimed in connection
with the special Telephone Excise Tax Refund.
Other
new abuses include cheats relating to Roth IRAs, the American
Indian Employment Credit, domestic shell corporations and
structured entities.
Taxpayers
should remember they are ultimately responsible for what
is on their tax return even if some unscrupulous preparers
have steered them in the wrong direction," IRS Commissioner
Mark Everson says in a news release.
Here's
the latest list of common schemes.
1.
- Telephone excise tax refund abuses: Requesting a refund
of the entire amount of their phone bills, rather than just
the 3 percent tax on long-distance and bundled service to
which they are entitled.
2.
- Abusive Roth IRAs: Shifting undervalued property to Roth
Individual Retirement Arrangements (IRAs), circumventing
the annual maximum contribution limit and allowing otherwise
taxable income to go untaxed.
3.
- Phishing: Internet-based criminals pose as representatives
of the IRS, and send out fictitious e-mail correspondence
in an attempt to trick consumers into disclosing private
information. A typical e-mail notifies a taxpayer of an
outstanding refund and urges the taxpayer to click on a
hyperlink to visit an official-looking Web site.
The
IRS doesn't use e-mail to initiate contact with taxpayers.
Call 1-800-829-1040 to confirm any contact from the IRS.
4.
- Disguised corporate ownership: Domestic shell corporations
and other entities are being formed and operated in certain
states for the purpose of disguising the ownership of the
business or financial activity.
5.
- Zero wages: A Form 4852 (Substitute Form W-2) or a "corrected"
Form 1099, showing zero or little income, is submitted with
a federal tax return, including a statement rebutting wages
and taxes reported by the payer to the IRS.
6.
- Return preparer fraud: Promises of large refunds by preparers.
Any promise beyond an accurate and truthful return is fiction.
7.
- American Indian employment credit: There is an Indian
Employment Credit available for businesses that employ Native
Americans. However, there is no provision for its use by
employees. This provision of the tax code is also frequently
contained in "phishing" swindles.
8.
- Trust misuse: Not all trusts deliver the promised tax
benefits. Currently, more than 150 active abusive trust
investigations are in progress, and 49 injunctions have
been obtained against promoters since 2001.
9.
- Structured entity credits: A newly identified scheme is
partnerships created to own and sell state "conservation
easement credits." According to the IRS, this isn't
a "viable business purpose," and the investments
aren't valid.
10.
- Abuse of charitable organizations and deductions: Moving
assets or income into a tax-exempt organization but maintaining
control over the assets or income is not acceptable. Furthermore,
contributing non-cash assets continues be an area of abuse
and scrutiny.
11.
- Form 843 tax abatement: Unscrupulous preparers construct
a confusing and fictional Form 843. The telltale identifying
phrase for the fraud is, "Failed to properly compute
and/or calculate IRC Sec 83-Property Transferred in Connection
with Performance of Service." Although
the form is real- and is available to taxpayers who, for
example, have had too much employment, tax withheld-in these
fraudulent instances, those asking for "abatement"
haven't even filed previous tax returns.
12.
- Frivolous arguments: As always, creativity flourishes
to the outlandish when making tax avoidance claims. For
example: the 16th Amendment concerning congressional power
to lay and collect income taxes was never ratified; wages
aren't income; filing a return and paying taxes are merely
voluntary; and being required to file Form 1040 violates
the Fifth Amendment right against self-incrimination or
the Fourth Amendment right to privacy.
All
of these arguments are false and have been adjudicated by
the courts.
Remember
the old axiom, "If it sounds too good to be true, it
probably is." The IRS wants to help the public recognize
and avoid abusive tax schemes, and offers an abundance of
educational materials.
Participating
in an illegal scheme to avoid paying taxes can result in
imprisonment and fines, as well as the repayment of taxes
owed with penalties and interest. For more information,
visit www.irs.gov/compliance/.
If
you're feeling overwhelmed, here's one final piece of encouragement.
Even Albert Einstein said, "The hardest thing in the
world to understand is the income tax."