Former New York Legislator Pleads Guilty to Tax Evasion

December 6, 2010

On this blog, we have often discussed the importance of filing your tax returns each year and filing them on time. We should also mention it is equally important to file complete and accurate returns. Falsifying your tax returns is something the IRS and the government does not look kindly on.

Former Republican State Senator Vincent Leibell pleaded guilty in court this morning to filing false tax returns for 2003 through 2006. He also admitted trying to influence a grand jury investigating corruption in Putnam County, New York.

Leibell resigned last Thursday, about a month before his eighth term as Senator was set to end. After spending 28 years in the Senate and Assembly, Leibell was elected to serve as the Putnam County Executive.

More details on this story at: http://www.lohud.com/article/20101204/NEWS01/12040336/Source-Leibell-s-charges-include-obstruction-of-justice-tax-evasion.


TIGTA Reports Possible $576 Million in Back Taxes Owed From Non-filers For 2007

December 1, 2010

According to an article published by Accounting Today, the Treasury Inspector General released a report stating the IRS could unearth up to $1.3 billion in unpaid taxes by making better use of currency report data. These reports could help pinpoint non-filers who have generated enough income from certain financial transactions, but have failed to file a tax return.

TIGTA estimated over 40,000 potential non-filers in 2007 could owe as much as $576 million in back taxes, penalties and interest, while under-reporters could owe as much as $758 million in back taxes, penalties and interest for the same period. Read the full article below:
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The Internal Revenue Service could unearth as much as $1.3 billion in unpaid taxes, penalties and interest by making better use of currency report data to identify taxpayers with potentially unreported income, according to a new government report.

The report, by the Treasury Inspector General for Tax Administration, assessed the IRS’s use of currency reports to address nonfilers and under-reporters. Banks and other financial institutions are required to file reports on currency and suspicious transactions, which are in turn used by law enforcement officials to battle a range of financial crimes, such as narcotics trafficking, tax evasion and financing of terrorist activities.

TIGTA identified a number of individuals who have enough cash to engage in currency transactions totaling at least $20,000, but did not file tax returns even though they appeared to have a filing requirement.

TIGTA also identified a number of other individuals engaged in similar currency transactions who filed tax returns, but reported income that did not appear sufficient to cover their basic living expenses. The difference between their income and expenses raises questions about whether additional income sources should have been reported.

TIGTA estimated that 42,804 potential nonfilers may collectively owe as much as $576 million in delinquent taxes, penalties and interest for 2007. TIGTA also estimated there are 78,770 potential under-reporters who may owe as much as $758 million in additional taxes, penalties and interest for 2007.

TIGTA recommended that, as resources become available, the IRS should explore the feasibility of making greater use of currency transaction reports to pursue additional nonfilers and under-reporters for audit.

IRS management agreed with the recommendation. However, IRS management did not commit to pursuing additional potential under-reporters for audit, nor did they agree with the outcome measure because of concerns with the selection criteria used. TIGTA maintains that the potential $1.3 billion of increased revenue is reasonable considering the assumptions used to make the estimate.

Posted by JK Harris


Wesley Snipes Ordered to Report to Bureau of Prisons; Found Guilty of Tax Crimes

November 19, 2010

Today, a federal judge rejected actor Wesley Snipes’ request for a new trial and ordered him to report to the Bureau of Prisons to begin serving a three year sentence on tax related crimes. Although his attorneys presented evidence of two jurors claiming members of the jury were prejudiced in the case from the beginning. Prosecutors have accused Snipes of obstructing the IRS and attempting to avoid paying millions of dollars in taxes. For details, read the full article below, written by Stephen Hudak of the Orlando Sentinel.
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OCALA — A federal judge today rejected movie star Wesley Snipes’ demand for a new trial and ordered the actor to surrender to the U.S. Bureau of Prisons to begin serving a 36-month prison sentence for tax-related crimes.

In a 17-page order, U.S. District Court Judge William Terrell Hodges said, “The Defendant Snipes had a fair trial; he has had a full, fair and thorough review of his conviction and sentence by the Court of Appeals; and he has had a full, fair and thorough review of his present claims, during all of which he has remained at liberty. The time has come for the judgment to be enforced.”

Snipes, 48, an Orlando-born star of “Jungle Fever,” “White Men Can’t Jump,” and “The Fugitive” sequel “U.S. Marshals,” was convicted in 2008 of three misdemeanor counts of willfully failing to file federal tax returns.

Prosecutors contend he obstructed the IRS and attempted to avoid paying millions of dollars in federal taxes.

“It is just shocking,” Snipes’ Atlanta-based lawyer Daniel Meachum said in an e-mail to the Orlando Sentinel. “Wesley is very disappointed but staying strong and positive.”

The actor’s defense team had hoped the judge would grant Snipes a new trial after receiving e-mails from two jurors who claimed that other members of the panel had concluded the actor was guilty before the trial began.

Meachum also argued that a key government witness, Kenneth Starr, provided “tainted” testimony against Snipes. Starr, a New York financial adviser with a stable of celebrity clients, pleaded guilty recently to fraud.

“We were hopeful that we had convinced Judge Hodges that the government’s witness, Ken Starr, had perjured himself and that the government knew of his criminal activities and the predetermined minds of three jurors, but we obviously fell short in accomplishing that,” Meachum said.

He said the defense team was “determined to exhaust all plausible avenues in this matter.”

While Snipes could challenge Hodges’ latest ruling and ask the U.S. Supreme Court to review his case, he would likely await the ruling from a federal prison cell.

The judge’s order requires Snipes to “surrender himself” upon receipt of notice from the U.S. Marshal Service or from the federal Bureau of Prisons. It is unclear in the order where and when he must turn himself in.

Best known as the vampire-killing hero in the science-fiction trilogy “Blade,” Snipes was accused of conspiring with Eddie Ray Kahn of Lake County to avoid paying more than $15 million in taxes from 1999 to 2004.

The conspiracy charge accused Snipes of seeking a fraudulent refund of $7.3 million.

Kahn, who founded American Rights Litigators in Mount Dora, sold illegal tax-dodging schemes and convinced the actor that he had no obligation to pay federal income taxes. Kahn was sentenced to 10 years in prison.

Snipes’ defense team provided Hodges with an unsolicited e-mail from a juror whose identity was redacted from public documents and who suggested that other members of the panel were not fair to the actor.

The e-mail read: “I served on the jury in Ocala that found him guilty on 3 counts of failing to file taxes. It was a deal that had to be made because of certain jurors that had already presumed he was guilty before the trail (sic) started and we only found this out in the last few days of deliberation. We thought we were making the right deal because we did not think he would go to jail for not filing taxes. There were 3 on the jury that felt this way and told us he was guilty before they even heard the first piece of evidence going against what the judge had said.”

Jurors take an oath pledging to obey the principle that a defendant is innocent until proven guilty.

In his ruling, Hodges noted the e-mail “presents, to be sure, a troubling set of circumstances,” which would be contrary to the jury’s oath and his repeated instructions before and during the two-week length of the trial.

U.S. law also prohibits courts from prying into jury deliberations without evidence of outside influence.

Hodges pointed out, “It is also worthy of note…that the veracity of the claim of juror misconduct in this case is undermined by the fact that (Snipes) was acquitted of the most serious charges; that the complaining juror waited two and a half years before bringing the alleged misconduct to light; and the fact that the jurors’ complaint was expressly motivated by the Defendant’s sentence — a consideration that, in itself, the jury was expressly instructed to disregard in arriving at its verdict.”

Posted by JK Harris

Check out our previous blogs regarding Wesley Snipes here:

Wesley Snipes’ Lake County tax guru gets more prison time

Frivolous tax arguments do not sit well with IRS


IRS Plans to Get Tough on Sole Proprietor Audits

November 2, 2010

According to an article published by WebCPA, the IRS plans to get tougher on sole proprietor audits. This is due in part to the fact that unreported business income by sole proprietors accounts for $68 billion of the $345 billion tax gap. The IRS will be scrutinizing sole proprietors’ businesses in more detail during field audits to determine if they are hiding any sources of income. Read the full article below.
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A report by the Treasury Inspector General for Tax Administration found that IRS field examiners are generally effective in checking for unreported income during field audits of sole proprietors. However, the report recommended that the IRS could take further steps to determine if additional sources of income need to be reported.

While IRS field examiners generally check for unreported income, TIGTA found that the IRS could improve the accuracy of its preliminary cash transaction analysis by taking greater advantage of performance feedback mechanisms and ensuring that appropriate personal-living-expense data are being used. The preliminary cash transaction analysis involves little or no taxpayer burden, but uses tax return and personal expense data to determine whether the sole proprietor’s income and expenses are roughly equal.

“Tests for unreported income during IRS audits of sole proprietors are critical to the process of verifying that the correct amount of tax is reported,” said TIGTA Inspector General J. Russell George in a statement. “Our results indicate that sole proprietors may have avoided tax and interest assessments of over $8 million in fiscal year 2008.”

The IRS’s National Research Program estimated that unreported business income by sole proprietors accounted for $68 billion (or 20 percent) of the $345 billion tax gap. This is due in large part to resource constraints and the need to balance audit coverage across other segments of the tax return filing population, such as corporations and partnerships.

TIGTA recommended that the IRS issue guidance to group managers to provide specific written feedback to examiners on the adequacy of their tests for unreported income, and that the IRS reinforce the requirement and importance of using appropriate personal-living-expense data in preliminary cash transaction analyses. The IRS agreed with these recommendations and plans to take the appropriate corrective actions.

Posted by JK Harris


IRS COULD PROD TAXPAYERS WITH MORE ‘SOFT NOTICES’

October 25, 2010

On WebCPA today, it was reported the IRS is deciding on whether or not to make “soft notices” a more formal part of its efforts to solicit voluntary compliance from taxpayers. A soft notice is a statement issued on Form CP 2057 issued by the IRS to let a taxpayer know they should check their tax return for mistakes. At JK Harris and Company, we encourage you to take these soft notices seriously, since reviewing this notice may help prevent bigger tax problems down the road. If you address the notice, review your return and correct any errors you find by filing an amended tax return, you may just save yourself a lot of trouble – or tax debt – in the future. Read the full article below:
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The Internal Revenue Service is trying to decide whether it should make so-called “soft notices” a permanent part of its automated program for encouraging more voluntary compliance. A soft notice is a written notice on Form CP 2057, which requires no action on a taxpayer’s part but encourages them to check their return for errors.

A new TIGTA report recommended that the IRS should improve its plan to determine whether the soft notices should be used permanently in the IRS’s Automated Under-reporter Program. The TIGTA audit was initiated because the IRS is involved in a multi-year initiative to determine if soft notices can address under-reporting discrepancies.

The AUR Program identifies income discrepancies between types of information received by the IRS: information provided by taxpayers and related information provided by employers and financial institutions.

Posted by JK Harris


Got tax questions?

October 7, 2010

At JK Harris & Company, we know taxes. We also know taxes are a painful subject for many people. Whether you are behind in paying your taxes or not, taxes can be difficult to understand, they change every year, and frankly, many people would rather not deal with them. From our participation in answering questions on Yahoo Answers, particularly as April 15th approaches each year, we certainly know that taxes are a subject that brings on a whole lot of questions.

A few months back, I sat down to review some of the more common questions we have received over the years. I then answered some of these questions in a short series of videos which can be found on the JK Harris YouTube Channel. In these videos, I discuss several topics, including: why you should or should not set up your own payment plan or installment agreement with the IRS or state tax authorities, who can represent you before the state or the IRS, what exactly an offer in compromise is, and more. It is my hope that some of these short videos can provide answers to some of the tax questions you may have.

Got tax questions of your own? Are there any tax topics I didn’t cover that you would like to see answered? I am looking for your tax questions! While I cannot get into personal tax issues or give detailed advice in each case, I would be happy to answer more general questions on back tax issues, resolution options, IRS correspondence, etc. You can send me your tax questions by either responding to this blog entry or by sending them to my email address at jkharris@jkharris.com. Please be sure to put “Blog Question” in the subject line.

Our business was founded in 1997 to help those taxpayers who wanted someone to help guide them in getting back on track with the IRS. For over 13 years, we have assisted our clients in audit representation, tax return filing, installment agreements (payment plans), offers in compromise, currently not collectible status placement and penalty abatement. We work everyday to continue to help our clients get out from under their tax debt and get their lives back on track.


JK Harris reminds taxpayers – IRS holds special open house to help veterans and people with disabilities on September 25

September 20, 2010

JK Harris wants to reminds taxpayers that the IRS will be holding an open house on September 25th to help veterans and people with disabilities solve their tax problems and respond to IRS notices. For more details, read the full IRS release below.
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WASHINGTON — The Internal Revenue Service will host a special nationwide open house on Saturday, Sept. 25 to help taxpayers –– especially veterans and people with disabilities –– solve tax problems and respond to IRS notices.

One hundred offices, at least one in every state, will be open from 9 a.m. to 2 p.m. local time. IRS staff will be available on site or by telephone to help taxpayers work through issues and leave with solutions.

In many locations, the IRS will partner with organizations that serve veterans and the disabled to offer additional help and information to people in these communities. Partner organizations include the National Disability Institute (NDI), Vets First, Department of Veterans Affairs, National Council on Independent Living and the American Legion.

“Taxpayers have tremendous success solving their tax issues at our open houses,” IRS Commissioner Doug Shulman said. “I want to encourage veterans and people with disabilities to come in on Sept. 25. Just like we reached out earlier this year to small businesses and victims of the Gulf Oil Spill, we want to help other taxpayers put their toughest problems behind them.”

IRS locations will be equipped to handle issues involving notices and payments, return preparation, audits and a variety of other issues. At a previous IRS open house on June 5, over 6,700 taxpayers sought and received assistance and 96 percent had their issues resolved the same day.

At the Sept. 25 open house, anyone who has a tax question or has received a notice can speak with an IRS employee to get an answer to their question or a clear explanation of what is necessary to satisfy the request. A taxpayer who cannot pay a balance due can find out whether an installment agreement is appropriate and, if so, fill out the paperwork then and there. Assistance with offers-in-compromise — an agreement between a taxpayer and the IRS that settles the taxpayer’s debt for less than the full amount owed — will also be available. Likewise, a taxpayer struggling to complete a certain IRS form or schedule can work directly with IRS staff to get the job done.

Taxpayers requiring special services, such as interpretation for the deaf or hard of hearing, should check local listings and call the local IRS Office/Taxpayer Assistance Center ahead of time to schedule an appointment.

The open house on Sept. 25 is the third of three events scheduled after this year’s tax season. Plans are underway for similar events next year. Details will be available at a later date.

Reminder for Small Tax-Exempt Organizations

The IRS also encourages representatives of small tax-exempt charitable community organizations, many of which serve people with disabilities and veterans, to file Form 990-N before the Oct. 15 deadline. Community organizations that fail to file a Form 990-N by this date risk losing their tax exempt status. As of June 30, more than 320,000 organizations were at risk of losing their exempt status.

Posted by JK Harris


Why you should choose JK Harris to represent you with your back tax problem

September 10, 2010

As JK Harris nears its 13th anniversary in business, I look back at our history and it has been an interesting one. As one of the pioneers in the industry, we have navigated a long path to get to where we are today, but it has been well worth the journey. After 13 years, we are still the largest tax representation firm in the country. I realize largest doesn’t necessarily equate to being the best – but if you want to know why you should choose JK Harris to represent you with your back tax problem, I can give you several reasons why we are the best choice in tax representation.

* You can meet with one of our consultants face-to-face – We have offices in 325 cities where you can meet one of our consultants face to face. Many of our competitors can only assist you over the phone, which isn’t always comforting, particularly when you are dealing with something as stressful as a tax problem. However, if you cannot make it to one of our office locations, we do have staff available to assist you over the phone.

* JK Harris revolutionized the tax representation industry by changing the way we do business. JK Harris does not sell you a resolution service before we analyze your tax situation. Many firms will continue to sell you a particular type of tax resolution up front – such as an Offer in Compromise – without knowing what your financial details are. JK Harris will obtain all of your documents and financial information. We will then analyze what your tax debt is and if you qualify for one of the IRS’ programs that allow you to settle your debt for less than the amount that you owe. After we analyze your personal situation, we give you a report detailing what options you qualify for. With this report, you can hire JK Harris to assist you in resolving your tax issue – or you can use it to resolve your tax problems on your own. You can even take it to one of our competitors, if you like. The choice is yours.

* Let our experienced tax team assist you in ridding yourself of the burden of tax problems. Whether you need audit representation, help with back payroll taxes or your own personal back tax issues, JK Harris’ tax team has the power of attorneys, CPAs and Enrolled Agents who know the IRS’ rules and will work with the IRS on your behalf. Put the power of our professionals and paraprofessional staff to work for you.

Join the ranks of our satisfied customers. Call JK Harris today and let us help you put your tax issues behind you.


Wesley Snipes’ Lake County tax guru gets more prison time

September 7, 2010

Yesterday’s Orlando Sentinel featured a story on 67 year old Eddie Ray Kahn, a tax protestor who advised action film star Wesley Snipes (and 4,000 other taxpayers) on how to ‘beat the Internal Revenue Service.’ Kahn has been given 20 additional years in prison time for his role in creating the “Walmart of tax fraud” – a bargain priced scheme he devised to help people dodge their tax obligations. The full release, written by By Stephen Hudak, can be found below.
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While Wesley Snipes fights to stay out of prison, a Lake County tax protester earned an additional 20 years behind bars for advising the movie star and 4,000 other clients how to beat the Internal Revenue Service.

Eddie Ray Kahn, 67, who operated a “tax defier” organization from a rented second-floor office in downtown Mount Dora, and three other Florida men were convicted of conspiracy in federal court in Washington.

All worked for Kahn’s American Rights Litigators, which prosecutors described in a sentencing memorandum as “the Walmart of tax fraud,” selling bargain-priced schemes to help people dodge tax obligations.

Kahn was convicted as a co-defendant in Snipes’ trial in 2008 and received a 10-year sentence in that case. But federal court records say his now-defunct organization, which operated for seven years as American Rights Litigators or the Guiding Light of God Ministries, had a presence in all 50 states and more than 4,800 paying members in the U.S.

Government attorneys also branded Kahn and his co-defendants as “paper terrorists.”

Kahn, a former Texas police officer who lived on a 5-acre rented estate in Sorrento, employed tactics that wreaked havoc on the IRS, forcing agents to respond to thousands of pointless, harassing or intimidating documents, according to federal prosecutors.

‘Having Fun With the Tax Man’

IRS agents were stymied from assessing taxes because American Rights Litigators customers “sent in bales of frivolous letters instead of legitimate tax returns,” prosecutors argued in court papers. “Revenue officers were prevented from collecting taxes because, instead of real checks, they received fake [bills of exchange].”

Snipes was among the clients who tried the strategies.

Kahn’s organization manufactured, printed and, for as little as $25, sold more than a thousand “bills of exchange,” worthless checklike documents that American Rights Litigators and its clients sent to the IRS in purported payment of federal tax obligations.

He also advocated that clients apply to become “overseers” — one-person, nonprofit religious corporations that would allow them to enjoy special tax benefits available to bona fide religious groups and church leaders.

Kahn called himself the “Overseer of the Guiding Light of God Ministries.” He also filed a vow of poverty with the Lake County Clerk of Courts and claimed that he had given all of his assets to his personal ministry.

The government, citing records that an agent found in computers at the Mount Dora office, claims that Kahn and his organization intended to cheat the U.S. out of $1.1 billion in federal taxes owed by its clients.

Those clients included Snipes as well as recently imprisoned tax-defying dentist Mark S. Maggert of Fruitland Park and other professionals who subscribed to American Rights Litigators’ newsletters, visited its website or attended Kahn’s U.S. seminars, one of which was titled “Having Fun With the Tax Man.”

‘Kidnapped’ by government?

Kahn spoke at a private seminar for Snipes and skeptical employees of the actor’s production company. He did not appeal his sentence in the Snipes case, while the Orlando-born film star of “U.S. Marshals,” “Jungle Fever” and “Major League” lost an appellate review and last month asked a federal judge to set aside his convictions and order a new trial.

If his latest bid is unsuccessful, Snipes could begin a 36-month sentence.

Kahn’s personal battle with the IRS began in the early 1980s and led to a three-year prison sentence for willful failure to file tax returns, the same tax-related crime that an Ocala jury decided that Snipes had committed.

In 2004, a month after Treasury agents descended upon his business offices in Lake County, Kahn and his wife fled the country for Panama. He was later arrested there and returned to the U.S. to stand trial with Snipes.

His followers say he was kidnapped by the U.S. government.
As he did to U.S. District Judge William Terrell Hodges in the Snipes’ trial, Kahn assailed the presiding federal judge in Washington as lacking the jurisdiction to preside over him. He also accused federal prosecutors of taking bribes.

‘River of documentary sewage’

The three associates sentenced with Kahn last week received shorter sentences, even though, according to prosecutors, they “contributed greatly … to the river of documentary sewage flowing into IRS Service Centers.”

One of those who received a 10-year sentence, Danny True, 58, of Deltona, has filed an appeal. The IRS took his family’s home in 2004. Four of his teenage children also worked at American Rights Litigators, performing clerical duties.

True’s lawyer in Washington, J. Michael Hannon, defended him as “very different from the other defendants and, indeed, from any other defendant who has been sentenced because of involvement” with Kahn’s company.

Hannon described Kahn as a “charlatan” and a persuasive salesman of his tax-defying schemes, while True had arrived at his views on the tax code through honest research at the law library in downtown Orlando.

As for Kahn, he has previously declined interview requests but apparently communicates with followers through an Internet newsletter, titled “Inside the Beast,” which seeks donations for a defense fund run by his wife, Kookie. She did not respond to an e-mail request through the newsletter.

The most recent seven-page newsletter, which cites several Bible passages, also includes a disclaimer that describes Kahn’s “illegal incarceration” and asks readers to refrain from sending e-mails to “ask for tax advice.”

Posted by JK Harris


Scary Tax News: The IRS is Auditing More Small Businesses

July 23, 2010

In the following article, written by Anita Campbell and published at OpenForum.com, a report in Forbes shows a trend we have been seeing for some time. IRS audits of small businesses are on the rise. In fact, the article points out the IRS is auditing 30% more small businesses, while audits of larger companies have dropped 33% during the same time frame.

An IRS audit can be a simple correspondence audit – or it can be much more complicated and difficult. If you receive an audit notice and are uncertain of what to do, call JK Harris and let our Audit team help you get through this difficult process. Read the full article below.
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It’s disturbing news for entrepreneurs: the Internal Revenue Service apparently sees small businesses as a ripe target for audits.

A recent study from Syracuse University’s Transactional Records Access Clearinghouse (TRAC), reported in Forbes, reveals that in the last five years, the number of hours the IRS spends auditing small businesses (those with assets of $10 million or less) has increased by 30 percent. In the same time period, the time the IRS spends auditing companies with $250 million or more in assets has dropped by 33 percent.

The rate at which large corporations are audited has declined drastically, from 42.6 percent to 25 percent, in the last five years.

The auditing of corporations with assets of $5 billion or more dropped from 78 percent in 2007 to 64 percent in 2009.

The average number of hours spent on each audit of large corporations also went down, from 973 in 2005 to 830 in 2009. By contrast, the average number of hours spent on a small or midsized business audit has remained substantially the same.

TRAC’s report points out:

“The decline in audits of large corporations is surprising because (1) the highest levels of misreported tax dollars per auditor hour are found among the biggest business organizations and (2) since FY 2005, Congress has provided the IRS with the funds it needs to hire an increasing number of revenue agents trained to handle these very complex returns.”

Theorizing as to why smaller companies are being targeted, TRAC writes:

“Choosing to audit the smaller rather than the larger businesses would on its face help individual [IRS] agents meet their performance targets [for auditing a certain number of returns]. But the decision to audit the smaller companies does not help the government collect more taxes… because the data indicates that the larger the business, the larger the dollar amounts of tax under-reporting and back taxes on average that they may owe.”

In fiscal 2009 the average amount of tax “underreporting” IRS auditors uncovered per hour spent auditing small to midsized businesses was $1,025. The average for large corporations was $9,354.

In other words: the IRS is targeting small businesses because it helps individual agents meet their targets, not because it helps government coffers.

Forbes notes that the IRS focus on small business is counterproductive in many ways. First, while big corporations can pawn off the hassle of an audit onto an accounting department or managers, an audit of a small business usually requires lots of time and effort from the business owner himself or herself. And while the government is currently attempting to stimulate small-business job creation with tools such as tax credits, the news that the IRS is focusing disproportionately on small businesses is likely to scare businesses away from using such tax credits at all.

I’d also add that small businesses are “easy” targets — easier than large corporations. So chances are a small business won’t fight as hard, lacking the funds and the time to keep going.

You can read the full report at TRAC’s website.

Posted by JK Harris


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