Group items tagged

However, tax experts say that if you want to really annoy the IRS, you could do one of three things: Fail to file a return completely; loudly maintain that the tax code doesn’t apply to you; or cheat on employment tax filings for your workers. Stack appears to have done all three. And if the tone of his letter is any indication, he not only hit all of these IRS hot buttons, he hit them with a belligerent attitude that could have further exacerbated his tax woes. “The IRS is toughest on people who reject the whole concept and authority of the system, who are not accepting that we do have income tax laws that we are all subject to,” said Philip J. Holthouse, partner at the Santa Monica tax law and accounting firm of Holthouse, Carlin & Van Trigt. “If the anger expressed in this posting is consistent with how he interacted with the government representatives, it would not have enhanced their compassion.” Stack’s note refers to meeting with “a group” in the early 1980s who were holding “tax readings and discussions” that zeroed in on tax exemptions that make “the vulgar, corrupt Catholic Church so incredibly wealthy.” He said in the post that he then began to do “exactly what the ‘big boys’ were doing.” “We took a great deal of care to make it all visible, following all of the rules, exactly the way the law said it was to be done.” Since Stack wasn’t a church, this is like waving a red flag at a bull. The IRS apparently considered this foray into tax avoidance the real corruption. Stacks letter says: “That little lesson in patriotism cost me $40,000.” Incidentally, the notion that anyone (other than a legitimate charity) doesn’t need to pay income taxes is one that’s well familiar–and refuted–by not only the IRS but every legitimate tax preparer in the country. So-called tax protestors or “tax defiers” take bits and pieces of the law, string them together in incomprehensible ways to come up with arguments that they say exempt them from tax. They can sound convincing, so the IRS publishes a long list of “frivolous” tax arguments on its web site, explaining when and where each argument was refuted, in an effort to keep innocent taxpayers from drinking the tax protest KoolAid. But that wasn’t all. Stack also says in his letter that he drained a retirement account and didn’t pay tax on any of that money–didn’t even file a return. The penalties for not filing a tax return are roughly ten times worse than for not paying your taxes. That’s one of the reasons that accountants tell their clients to file returns, even when they don’t have the money to pay, said Holthouse. Finally, Stack rails about independent contractor rules. Experts said the only way this rant could make sense is if Stack started a company that employed other people, who he maintained were independent contractors rather than employees. If an employer maintains he’s hired only independent contractors, he doesn’t need to pay Social Security and Medicare taxes on their wages. But the IRS audits these claims carefully. When an employee is improperly classified as an independent contractor so that the employer can avoid these taxes, the IRS prosecutes aggressively because it considers it tantamount to stealing from workers Social Security and Medicare accounts. Notably, the IRS has a Taxpayer Advocate’s office that helps resolve disputes when taxpayers have a legitimate problem with the agency. People who can’t pay tax bills promptly; have a dispute over the validity of a deduction or think they’ve been improperly penalized are often given some slack. But these are not areas where you’re going to get a lot of sympathy.

Stack was upset that §1706 did precisely what it was designed to do: Deprive him of the chance to exploit independent contractor status to avoid paying taxes through non-filing or through the understatement of income, overstatement of deductions, and avoidance of income tax withholding. In spite of the overwhelming advantages attendant to employee status, Joe Stack desperately wanted to be treated as an independent contractor for one simple reason: It would have made his tax protesting easier.4 Footnotes: ¹  We have met many taxpayers who worked as independent contractors for years without so much as a peep of protest until they realized, ex post facto, that it might have better for them to have been treated as employees. In our experience, workers tend to be content with their independent contractor status until one of the following happens: They get fired or quit They get hurt on the job They get sued for something they did while on the job They need a bank loan (and employment verification)  ²  If Stack had been an independent contractor and was subsequently “fired” by his principal, my hunch is it would have taken him less time to file a claim for unemployment compensation than it takes Apolo Ohno to finish short track. ³  Indeed, §1706 was included in TRA ‘86 because the CBO had estimated that the government was losing up to 30% of taxes because independent contractors were either not reporting all of their income on their tax returns or were claiming fraudulent or questionable deductions against that income. 4   Like all tax protestors, Stack knew that once the IRS had collected his taxes through payroll withholding it would never give it back to him based on previously refuted tax protestor arguments. Consequently, his only chance of avoiding taxes was to control his own tax payments and then use his frivolous arguments to evade or at least defer paying taxes.

Stack's manifesto offers insight into his personal journey as a tax protester - and into the large and growing movement that attracted him. Passages of Stack's manifesto suggest that he was involved in a notorious home church scheme that was popular in the part of California where he lived before he moved to Texas, MacNab said. Stack wrote that he was part of a group who held tax code readings and "zeroed in on a section relating to the wonderful 'exemptions' that make institutions like the vulgar, corrupt Catholic Church so incredibly wealthy." He said they had "the best high-paid experienced tax lawyers in the business." MacNab said Stack likely was referring to a notorious scheme run by lawyers William Drexler and Jerome Daly. It was based on the idea that citizens could establish themselves as a church and gain the same tax exemptions afforded to religious institutions. The scheme didn't work, and Drexler and Daly were disbarred and imprisoned. If this was the operation Stack was referring to, it may have been a turning point in his life. He wrote: "That little lesson in patriotism cost me $40,000+, 10 years of my life, and set my retirement plans back to 0. It made me realize for the first time that I live in a country with an ideology that is based on a total and complete lie." This inspired him to take action, write to politicians and meet with likeminded anti-tax protesters. He wrote: "I spent countless hours on the L.A. freeways driving to meetings and any and all of the disorganized professional groups who were attempting to mount a campaign against this atrocity." His anti-tax and anti-government beliefs may also have been fueled by Section 1706, an obscure and relatively unknown change in the tax code that focused on his industry and went into effect in 1986. Section 1706 essentially removed technical workers like software engineers from a safe haven classification of "self-employed consultant," making it easier for the IRS to challenge how Information Technology companies classified their employers. An association of IT companies and industry professionals, now called TechServe Alliance, was created to protest the changes in tax law that it says singled out the industry. "It made the whole business riskier for people using independent contractors because it favored the so-called employment business model," Mark Roberts, TechServe CEO, told FoxNews.com. "It created havoc on a number of folks." Roberts was quick to condemned Stack's behavior as "an act of a very, very sick individual." "I don't see a long-term lasting effect, just a troubled wayward person acting in response to a legitimate issue. But I don't think that actually impacts the issue," Roberts said. Noting that Section 1706 was passed years ago, he added: "We still resent the fact that it singles out the industry, but folks have basically learned to adapt. It's kind of been awhile since this was a burning issue in the industry."

Joe Stack's adult daughter, Samantha Bell, spoke to ABC's "Good Morning America" from her home in Norway. Asked during a phone interview broadcast Monday if she considered her father a hero, she said: "Yes. Because now maybe people will listen." Authorities say Stack, 53, targeted the IRS office building in Austin on Thursday, killing employee Vernon Hunter and himself, after posting a ranting manifesto against the agency and the government. He apparently set fire to his home before flying his plane into the office building. Hunter's son, Ken Hunter, said he's alarmed by comments that the pilot was a hero. "How can you call someone a hero who after he burns down his house, he gets into his plane ... and flies it into a building to kill people?" Hunter told ABC." "My dad Vernon did two tours of duty in Vietnam. My dad's a hero." Bell said she offered her deepest condolences to Hunter's family. She said her father's last actions were wrong. "But if nobody comes out and speaks up on behalf of injustice, then nothing will ever be accomplished," she told ABC. "But I do not agree with his last action with what he did. But I do agree about the government,"