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Nissan Altima Hybrid Qualifies for Tax Credit
Lawyer News | 2007/01/15 19:01

WASHINGTON -- The Internal Revenue Service has acknowledged the certification by Nissan North America, Inc., that its 2007 Nissan Altima Hybrid vehicle meets the requirements of the Alternative Motor Vehicle Credit as a qualified hybrid motor vehicle.

The credit amount for the hybrid vehicle certification of the 2007 Nissan Altima Hybrid is $2,350.

Consumers seeking the credit may want to buy early since the full credit is only available for a limited time. Taxpayers may claim the full amount of the allowable credit up to the end of the first calendar quarter after the quarter in which the manufacturer records its sale of the 60,000th vehicle. For the second and third calendar quarters after the quarter in which the 60,000th vehicle is sold, taxpayers may claim 50 percent of the credit. For the fourth and fifth calendar quarters, taxpayers may claim 25 percent of the credit. No credit is allowed after the fifth quarter.



N.Y. City Man Pleads Guilty to Human Trafficking Charge
Lawyer News | 2007/01/13 00:27

A man from Queens, N.Y., pleaded guilty today to attempting to recruit a Korean woman whom he believed to be a minor to work as a prostitute, the Justice Department announced today.

Do Hyup Bae pleaded guilty to charges relating to the operation of a network of over 25 Korean-owned brothels that were located throughout the northeastern part of the United States, including New York, Massachusetts, Rhode Island, Connecticut, Pennsylvania, Maryland, Virginia and the District of Columbia. Several of these brothels were located in Queens, N.Y.

"This case illustrates the complexity and scope of human trafficking operations," said Wan J. Kim, Assistant Attorney General for the Civil Rights Division. "The Justice Department is committed to investigating and prosecuting those who would profit from the systematic abuse of others."

According to the superseding indictment, the brothels, which were operated under the cover of legitimate businesses, typically employed between two and eight prostitutes, the majority of whom were Korean nationals who had entered the country on tourist visas. The defendant faces a maximum sentence of up to 40 years in prison, a $250,000 fine and restitution payments for human trafficking charges.

The prosecution of individuals involved in human trafficking is a top priority of the Justice Department. In the last six fiscal years, the Civil Rights Division, in conjunction with U.S. Attorneys' Offices, has increased by six-fold the number of human trafficking cases filed in court, compared to the previous six years.

The case was investigated by special agents of the Federal Bureau of Investigation and U.S. Bureau of Immigration and Customs Enforcement. This case is being prosecuted by Trial Attorney Solette Magnelli of the Civil Rights Division and Assistant U.S. Attorney Pamela Chen of the Eastern District of New York.



Manhattan lawyer faces 45 days jail for tax evasion
Lawyer News | 2007/01/09 04:35

A lawyer who avoided paying income taxes for almost 25 years will spend 45 days in jail and pay $1.5 million after pleading guilty to failing to file tax returns, prosecutors said Monday.

Francis K. Decker Jr., who specialized in defending tobacco companies, pleaded guilty Friday, admitting he failed to file personal state and city tax returns since 1998 on $4.5 million in gross income, prosecutors said.

Because Decker, 70, was a partner at a Manhattan law firm, no taxes were withheld from his pay, and he made no quarterly estimated income tax payments as required by law, prosecutors said. However, they said, he signed statements telling the firm he had filed returns and paid his taxes.

Manhattan District Attorney Robert Morgenthau said Decker, who has homes in Brooklyn and Quogue worth $2 million each, was caught when state officials did a routine review of license databases and found he was a licensed lawyer in New York but was not paying taxes.

A condition of Decker's plea deal is that he must settle with federal tax officials, if necessary, said Assistant District Attorney Daniel Castleman.

Morgenthau said Decker had not filed tax returns since 1982. He said it was ironic that a person who paid no income taxes for decades could avoid detection more easily than someone who occasionally paid but sometimes cheated.

The statute of limitations did not cover income tax offenses before 1999, but Decker agreed to pay going back to 1982.

Besides spending 45 days in jail, Decker will pay a $10,000 fine on each of two counts of failure to file, prosecutors said. He also must pay $779,757 in state and city personal income taxes, interest and penalties for 1999 through 2005 and $720,000 to settle any tax liability for 1982 though 1998. He will be sentenced Feb. 1.

Decker's lawyer, Jonathan Davidoff, said his client "has accepted responsibility for his actions and is very sorry for his past behavior."

"By accepting responsibility," Davidoff said, "Mr. Decker has not only agreed to pay New York state back for past taxes but also is paying society back by pleading guilty and serving the sentence recommended by the district attorney's office."



Many Happy Returns: Tax Filing Season Begins
Lawyer News | 2007/01/04 23:21

The Internal Revenue Service began its 2007 filing system with instructions on how to apply for newly enacted tax breaks and recommendations that more taxpayers give up paper and file electronically.

The agency said that it will send out 17 million tax packages this week to taxpayers who previously filed paper returns. The IRS expects to process about 136 million individual tax returns for 2006, with more than half filed electronically.

It pointed out that one major change this year will be the telephone excise tax refund. The government stopped collecting the federal excise tax on long-distance service last August and plans to provide refunds for these taxes billed after Feb. 28, 2003, and before Aug. 1, 2006.

The agency said taxpayers can avoid collecting 41 months of old phone bills by choosing standard amounts. Under standard amounts a person filing a return with one exemption can claim $30, with the amount rising to $40 for those with two exemptions, $50 for three exemptions and $60 for four or more exemptions.

Those desiring a refund based on actual amount of taxes paid should use Form 8913.

The agency also advised taxpayers on how to take advantage of tax breaks renewed by Congress in December, after the IRS had printed its forms for the 2007 filing season. The most significant of the breaks allow taxpayers to deduct state and local sales taxes instead of state income taxes and provide deductions for higher education tuition and fees and for personal expenses incurred by schoolteachers.

The IRS will mail Publication 600 to 6 million taxpayers who receive the Form 1040 package this month with instructions on claiming the sales tax deduction. The agency also advised that it will not be able to process tax returns claiming the belatedly renewed tax breaks until early February. It said that last year about 930,000 tax returns claiming the three tax breaks were filed by Feb. 1.

"As we always do, we encourage taxpayers who think they may claim these deductions to file electronically," said IRS Commissioner Mark W. Everson. "They will get their refunds faster through e-file. Even more importantly, e-file will greatly reduce the chances for making an error compared to claiming the deductions on the paper 1040."

Another change this year is that taxpayers can split refunds among up to three accounts held by U.S. financial institutions such as banks, mutual funds, brokerage firms or credit unions.

The tax agency also urged taxpayers who earn $52,000 or less to make use of Free File, a free electronic program that is a partnership between the IRS and private tax service providers. It noted that this year private sector partners have agreed to remove from their programs side offerings such Refund Anticipation Loans that offer taxpayers immediate payment of expected refunds but sometimes come with high interest rates and fees.

It noted that taxpayers, after filing returns, can track their refund through the online tool "Where's my refund?" on the IRS web site, www.irs.gov. "With all the changes taking place, this is a good year for paper filers to try e-file," Everson said. "We remind taxpayers that e-filing is fast, secure and reliable."



Installment Agreement Fee Increases for Taxpayers
Lawyer News | 2007/01/03 19:21

WASHINGTON – Beginning Jan. 1, 2007, the Internal Revenue Service will implement revised user fees for installment agreements. For eligible individuals with income at or below certain levels, the fee for entering new agreements will not increase but remain at the 2006 level.

The Office of Management and Budget has directed federal agencies to charge user fees reflecting the full cost of goods or services that convey special benefits to recipients beyond those accruing to the general public. The installment agreement user fees have not been increased since first implemented in 1995. Increases in labor and other costs of processing have increased the cost of processing installment agreements. 

User fees for entering into a non-direct debit installment agreement will increase from $43 to $105, and the fee for direct debit installment agreements will increase from $43 to $52.

Taxpayers with income at or below established levels, based on the Department of Health and Human Services poverty guidelines, can apply and be qualified to pay a reduced user fee of $43 for establishing new agreements including direct debit installments. Information about requesting the reduced user fee will be included in installment agreement acceptance letter sent to individuals.

The fee for restructured or reinstated agreements will increase from $24 to $45 regardless of income level.



Texas smokers hit with new excise tax
Lawyer News | 2007/01/01 21:07

Texas smokers will pay considerably more for cigarettes beginning today as a new excise tax takes effect.

The state Legislature approved the measure in May in an effort to pressure smokers to quit and to allow a break on property taxes. The tax will increase $1 from a moderate 41 cents to $1.41 a pack, placing Texas among the 15 states with the highest cigarette levies. New Jersey has the highest tax, at $2.58 a pack. The increase will push the price of a single pack of cigarettes in Texas to about $4.50.

The state comptroller's office has estimated the tax increase will generate $700 million a year, enabling a reduction in property taxes.



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