As
a tax preparer for 27 years, I have helped thousands of clients on personal
and business taxes. Every tax season during the years of 1983 until 1994,
I worked for H & R Block. Prior to that, I just prepared taxes for
friends and relatives.
When
I first went to work for H & R Block, everything was done by hand.
A customer went in and was greeted by a receptionist who would refer the
tax payer to a tax preparer. The tax preparer finished the tax forms, wrote
the receipt and told the client to come back, usually within 2 business
days. The file was then moved to the District office where they checked
for the accuracy of mathematics calculation and tax theory. Then the file
was returned to the office and handed to the client. Some years later,
everything was computerized.
The
year of 2006 is painful for H & R Block. The New York State Attorney
General Eliot Spitzer is suing H & R Block for fraud. The AG is seeking
to deduct $250 million from the tax-preparation company, accusing it of
alleged fraud in leading more than 500,000 clients into a money-bleeding
retirement account plan.
In
February 2006, 5.9 million customers went to H & R Block, down 5.1%
from the same period last year. Analysts point the reasons to other storefront
chains as well as tax software, including Block’s own Tax Cut software,
TurboTax as well as others.
To
me, taxes are very interesting. I give you an example. Mr.
A is single. He had a 2005 Form W2 indicating a wage of $12,600 with no
federal income tax withholding. Filing the federal income tax in 2006,
he has to pay $443 to the Internal Revenue Service (IRS). The same Mr.
A, supposed he had the only income was a 2005 Form 1099 indicating a $12,600
wage. Depending on the deductions, his tax situations would be different.
If he has no deduction, he must pay $1,778 to the IRS. If deductions are
$12,600 are more, he does not have to pay the IRS anything. If he has a
$400 net profit (deductions of $12,200), the IRS will send him a $33 check.
Now
if Mr. A has two children with a 2005 Form W2 with a $12,600 income, the
IRS will send him a $4,640 check. And for that income with one dependent
child, the IRS will give him $2,902.
The
same Mr. A with a $12,600 income in 2005 on Form 1099 with one child, he
will have $989 from the IRS; with two dependent children the IRS shall
give him $2,727.
Sounds
confusing? It’s the established tax due and refund on the income related
to the circumstances. Going around it intentionally by underreported income
or not filing at all? You are looking for fines and interests imposed on
the tax due. In the extreme cases, violators are sent to prison.
THE
IRSRPP (The Internnal Revenue Service Criminal Investigation Return Preparer
Program) was implemented in 1996, and established procedures to foster
compliance by identifying, investigating and prosecuting abusive return
preparers.
The
program was developed to enhance compliance in the return – preparer community
by engaging in enforcement actions and/ or asserting appropriate civil
penalties against unscrupulous or incompetent return preparers. This is
a significant problem for both the IRS and our taxpayers. Abusive preparers
frequently prepare bad returns for large numbers of taxpayers who are stuck
with paying additional taxes and interest and at worse, depending on culpability,
are subject to penalties and maybe even criminal prosecution.
The
IRS, in its compliance/enforcement, advises: “Taxpayers should be
very careful when choosing a return preparer. You should be as careful
as you would in choosing a doctor or a lawyer. While most preparers provide
excellent service to their clients, a few unscrupulous return preparers
file false and fraudulent tax returns and ultimately defraud their clients.
It is important to know that even if someone else prepares your return,
you are ultimately responsible for all the information on the tax return.”
Recently,
the case of US Congressman Randy Cunningham is sensational. He was born
on December 8, 1941. According to Oriental astrology, it was the Year of
Snake. Cunningham resigned from the House on November 28, 2005 after pleading
guilty to federal charges of conspiracy to commit bribery, mail fraud,
wire fraud, and tax evasion.
By
pleading guilty, he admitted to taking at least $2.4 million in bribes
and underreporting his income for 2004. On March 3, 2006, Cunningham was
sentenced to eight years and four months in prison and was ordered to pay
$1.8 million in restitution.
I
would like to invite you to have an overview of the United States taxes.
In
the United States, there are many types of taxes levied by the city, county,
state and federal government. Taxes are not a modern invention. They actually
date back to earliest recorded history.The Egyptian Pharaohs imposed a
tax on cooking oil – the cooking oil tax auditors would audit households
to insure that appropriate amounts of cooking oil were consumed. When Rome
fell, the Saxon kings imposed taxes on land and property similar to Los
Angeles County property taxes.
Although
people work hard to meet their needs and the needs of their families, there
are many things they can not purchase themselves. For example, the taxes
paid to state and local jurisdictions help pay for police and fire protection,
In addition, these taxes also pay for the operation of the local governments,
and for local recreation areas such as parks and other public facilities.
On
the national level, Federal income taxes help pay for defense for the country.
They also pay for capital facilities such as highways and other transportation
services. Furthermore, these are also the fund for assistance to those
who are poor or ill. Individual citizens can not purchase the mentioned
services the way they can buy food, clothing, and other necessities of
life. When people live together in a society, all of its citizens must
bear the cost of providing such services. Taxes are the means by which
the society raises money to cover the public costs.
United
States Tax History.
In
1781 - The Articles of Confederation reflect the American fear of a strong
central government. They leave the government of the U.S. with no tax power.
For its revenue, it relies primarily on donations from the states.
In
1789 - The Constitution gives the federal government the authority to tax
stating that Congress has the power to “lay and collect taxes, duties,
imposts, and excises, pay the debts and provide for the common defense
and general welfare of the United States.” To pay for the debts of the
Revolutionary War and to operate the government, Congress imposed tariffs
(import taxes) and excise taxes on goods such as whiskey, rum, tobacco,
snuff and refined sugar.
In
1794 – The Whiskey Rebellion relates to the excise tax on whiskey and the
disagreement between those who thought it was right and those who thought
it was unfair. The farmers in Pennsylvania, Maryland and Virginia were
hurt most by the tax, as their most valuable crop was corn, which was made
into whiskey. Others believed the taxes were a necessary source of revenue
for a strong government to run the country, no matter what was being taxed.
In
1798 – Congress levied its first direct tax. It was in the amount of $2
million and was apportioned among the states on the basis of the current
census. The purpose of the tax was to extinguish part of the debt incurred
by the Revolutionary War.
In
1862 – President Lincoln signed The Tax Act of 1862 – Established the office
of the Commissioner of Internal Revenue Service. The Commissioner was given
the power to assess, levy, and collect taxes, and the right to enforce
the tax laws through seizure of property and income. The powers and authority
remain very much the same today.
The
rates were 3% on income above $600 and 5% on income above $10,000 to support
the Civil War. The rent or rental value of your home could be deducted.
While
the people “cheerfully accepted the tax,” compliance was not high. In 1870
only 276,661 people actually filed tax returns when the population was
approximately 38 million. The Tax Act of 1864 changed the rate to a flat
5% with an exemption of $1,000. From 1870 to 1872 the rate was a flat 2.5%
and exemption was raised to $2,000.
In
1872 the income tax was abolished. (Hooray!)
In
1894 – A federal law creates a personal income tax in 1894 with a flat
rate of 2%.
In
1895 - The U.S. Supreme Court decided that the income tax was unconstitutional
because it was not apportioned to the population of each state.
In
1913 – The 16th Amendment to the Constitution made the income
tax a permanent fixture in the U.S. tax system. The amendment gave Congress
legal authority to tax income and resulted in a revenue law that taxed
incomes of both individuals and corporations.

In
1918 - Fiscal year – Annual internal revenue collections for the first
time passed the billion-dollar mark rising to $5.4 billion by 1920.
In
1932 – The nation is in the greatest depression. The Act raises the tax
rates and lowers exemption levels.
In
1936 – Revenue Act reduces taxes as too much money was being collected.
In
1939 – The revenue statues are codified. One out of 32 citizens pays 4%
rate.
In
1943 – The withholding tax on wage is introduced. Taxpayers increase to
60 million and tax collection by 1945 is $43 billion.
In
1981 – Congress enacts the largest tax cut in U.S. history, approximately
$750 billion over six years. In an effort to raise $265 billion, the reduction
is partially offset by two tax acts in 1982 and 1984.
In
1986 – President Reagan signed into law the Tax Reform Act. It establishes
two basic rates of 15% and 28% replacing 14 different rates ranging from
11% - 50%. Tax preferences are eliminated to make up most of the revenue.
In order to remain revenue neutral, the Act called for a $120 billion increase
in business taxation and decrease in individual taxation over a five-year
period.
In
1990 – The Revenue Reconciliation Act is signed into law. Congress establishes
a third income rate of 31%. The emphasis of the 1990 Act is increased taxes
on the wealthy.
In
1993 – President Clinton signed the Revenue Reconciliation Act of 1993
into law. The purpose was to reduce by approximately $496 billion the federal
deficit that would otherwise accumulate in fiscal years 1994 through 1998.
In
1997 – Taxpayer Relief Act brings more than 800 changes including the child
tax credit, Roth IRAs, capital gains reduction, and breaks for higher education.
Congress added rates of 36% and 39.6%.
President
George W. Bush signed tax cuts into law in 2001, 2002, 2003, and 2004.
The largest was the Economic Growth and Tax Relief Reconciliation Act of
2001. It has 441 changes including lowering income tax rates.
The
Bush tax cut created a new lowest rate, 10% for the first several thousand
dollars earned. In addition, the top four tax rates were cut down (28%
to 25%; 31% to 28%; 36% to 33%; and 39.6% to 35%). It was estimated to
save taxpayers $1.3 trillion over ten years.
On
September 16, 2003, the IRS and 40 states announced an agreement to share
investigative leads on promoters of fraudulent tax schemes and to coordinate
efforts to shut them down, prosecute them in some cases and warn the public.
The IRS and the states have, historically, shared information, but usually
after audits and enforcement were completed, not at the early stages when
tip come in about tax invasion. It has meant some tax frauds have gone
unpunished at either state or the federal level because the statute of
limitations for prosecution expired by the time information was exchanged.
The
City of Los Angeles now audits reported incomes of businesses. They sent
letters to people asking them to bring in 3 recent years of tax filing
to see if the incomes reported to the City match reported incomes on Schedule
C (Profits or Loss from Business). However, if total incomes in Los Angeles
below $50,000 in 2005, you do not have to pay any City of Los Angeles business
taxes.