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Showing posts with label penalty. Show all posts
Showing posts with label penalty. Show all posts

Wednesday, March 28, 2012

All IRS Tax Audits Not Created Equal

All IRS Tax Audits Not Created Equal
H&R Block advises compliance contacts don’t have to be costly
FOR RELEASE MAR 26, 2012
Data for last year shows the IRS audited the tax returns of approximately 1 percent (1.6 million) of taxpayers. However, further inspection indicates that the tax returns of an additional 6.5 percent (9.2 million) of taxpayers were subjected to recently defined type of compliance contact. The National Taxpayer Advocate called these compliance contacts “unreal” audits in a recent blog post1.

No matter what an IRS notification or compliance contact is called, H&R Block advises on the benefits of having professional assistance when responding to an IRS notification. 
The 9.2 million taxpayers who were notified the IRS had recalculated their taxes due, also could have been assessed added penalties and late fees. The notifications happened for the following reasons:
  • 4.7 million returns were corrected for math errors
  • 3.9 million returns were determined to have underreported income based on third-party reporting, which is done by employers, banks, etc.
  • 600,000 substitute returns were filed by the IRS on behalf of taxpayers based solely on income reported by third parties, perhaps resulting in taxpayers not claiming the tax credits and deductions to which they are entitled.

 “While it might seem the only appropriate response to an IRS notification is to pull out the checkbook, it’s important to understand the request,” said Elaine Smith, H&R Block tax professional and enrolled agent. “The IRS has several ways it corresponds with taxpayers to correct underreporting errors. So, not all audits are created equal.”
H&R Block, which prepares approximately 1 in 7 tax returns nationally, also provides audit services to current and new clients. Only enrolled agents, certified public accountants and lawyers may represent taxpayers through the entire IRS audit process. H&R Block employs the nation’s largest single staffing of enrolled agents, who have experience with audits involving hundreds to millions of dollars. In fact, in an audit situation H&R Block is able to reduce the overall tax liability for 3 out of 5 taxpayers whose returns were not prepared by H&R Block.
Audits hit all income levels
The primary targets of audits are no longer small business owners and those whose income exceeded $1 million; 64 percent of the 1.5 million taxpayers audited in 2010 earned $50,000 or less, including taxpayers who claimed the Earned Income Tax Credit, but were not eligible. This means an overwhelming majority of taxpayers subjected to audits and other forms of compliance contact are low- and middle-income taxpayers. Following are other factors that may make taxpayers attractive audit candidates:
  • Handwritten returns
    • Miscalculations and omissions that could be avoided by using tax preparation software and e-filing can cause even the most straightforward returns to be audited
  • Unreported income and inconsistencies
    • A document-matching program makes it easy for the IRS to check income stated on a tax return against what is reported on forms W-2 (wages), 1099-MISC (self-employment income),1099-INT (interest paid), 1099-B (sale of stock), etc.
    • The IRS also uses a program to compare taxpayers’ deductions (e.g., mileage and charitable contributions) with others in the same tax bracket to check for inconsistencies
  • Schedule C (self-employment form)
    • Returns are more likely to be audited if they include claims for expenses not within the IRS’s guidelines and include a majority of cash business transactions.
Like audits, not all tax preparation companies are created equal. Only H&R Block’s guarantee provides free audit support for returns prepared by its tax professionals in tax offices, and free, full audit representation for returns filed by taxpayers who used its digital, online and mobile filing solutions. IRS notifications are sent year-round, and these services are available year-round.
“Avoiding errors on tax returns starts with choosing the right tax prep method based on individual needs, and it can help a taxpayer avoid an audit situation,” Smith said. “Taxpayers shouldn’t panic or ignore IRS notices. Instead, they should seek professional assistance to make sure the changes the IRS made to their return are accurate. H&R Block may find you actually owe less than what the IRS indicated.”
H&R Block tax professionals are offering free Second Look® reviews on 2008-2011 tax returns not prepared by H&R Block to identify overlooked tax breaks, such as the Earned Income Tax Credit. Free Second Look reviews are available at participating H&R Block retail tax offices through April 30 to new and existing clients. To find the nearest H&R Block office, visitwww.hrblock.com or call 800-HRBLOCK.
H&R Block’s tax professionals provide guaranteed tax return preparation services in-person at retail tax offices open year-round and through Block LiveSM, the only face-to-face online tax preparation experience available in the industry. Do-it-yourself filers benefit from the expertise and guidance of The Tax Institute at H&R Block when using H&R Block At Home™ on their computers, tablets and smartphones. Because understanding taxes is an integral part of managing personal finances, H&R Block keeps the conversation going with clients all year via blogs, tweets and Facebook status updates.
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Monday, February 27, 2012

News Release from EPA - Sumter Coatings

Sumter Coatings Inc. to Pay Civil Penalty for Resource Conservation and Recovery Act Violations 

Contact Information: Dawn Harris-Young, (404) 562-8421, harris-young.dawn@epa.gov

(ATLANTA - Feb. 27, 2012) — Sumter Coatings Inc. (SCI) agreed to pay a $55,000 civil penalty as part of a settlement with the U.S. Environmental Protection Agency (EPA) for a series of hazardous waste violations at its facility in Sumter, South Carolina.  As part of the settlement, SCI agreed to develop a personnel training program, develop a schedule for implementation of the training program and identify facility employees that require training. 

SCI manufactures paints and coatings primarily for the steel and farm implement industry. SCI also blends raw materials onsite to create custom coatings. The violations were observed during April 2010, when inspectors from the EPA and the South Carolina Department of Health and Environmental Control performed a Resource Conservation and Recovery Act (RCRA) Compliance Evaluation Inspection.

The settlement resolves several alleged violations that were noted during the inspection. The alleged violations  include:

• Improper management of hazardous waste containers on site;
• Failure to provide a sufficient base beneath containers which held hazardous waste;
• Failure to make a hazardous waste determination;
• Failure to inspect all areas where hazardous waste containers are stored weekly;
• Failure to develop personnel training program to ensure compliance with hazardous waste management’s;
• Failure to update information contained in the contingency plan, along with failing to make arrangements with local police and hospital authorities regarding the contingency plan and submitting copies of the contingency plan to first responders.

SCI implemented the process changes to reduce the risk of release from hazardous waste containers.  The changes include: labeling all containers with the necessary information; reducing the number of locations where short term storage occurs; changing container sizing and completing all necessary waste determinations.  SCI also applied a non-porous sealant to the base floor surface where the majority of hazardous waste containers are staged during regular operations. 

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Monday, February 6, 2012

Titan Environmental Services to Pay $10,878 Penalty

News release from EPA Region 7:


U.S. Environmental Protection Agency, Region 7
901 N. Fifth St., Kansas City, KS 66101

Iowa, Kansas, Missouri, Nebraska, and Nine Tribal Nations

Titan Environmental Services to Pay $10,878 for Violations of Residential Lead-Based Paint Hazard Reduction Act

Contact Information: Chris Whitley, 913-551-7394, whitley.christopher@epa.gov

Environmental News

FOR IMMEDIATE RELEASE

(Kansas City, Kan., Feb. 6, 2012) - Titan Environmental Services, Inc., of Kansas City, Mo., has agreed to pay a $10,878 civil penalty to the United States to settle a series of violations of the Residential Lead-Based Paint Hazard Reduction Act, including failures to provide required hands-on training to contractors and other renovation professionals who enrolled in some of its training courses.

As part of its settlement with EPA Region 7, and in addition to paying the $10,878 civil penalty, Titan Environmental Services has agreed to offer the federally-required hands-on training at no cost to trainees who were enrolled in the company’s classes where EPA found violations.

The company has also agreed to perform a supplemental environmental project, through which it will spend at least $97,902 to fund lead abatement activities at five residential properties in St. Joseph, Mo. The project will cover window replacement and lead-based paint abatement, to be performed by entities licensed and/or certified by the State of Missouri. Titan Environmental Services must submit detailed work plans to EPA for approval before the abatement activities begin, and follow-up reports to the Agency when those activities are completed, under terms of the settlement.

According to an administrative consent agreement and final order filed by EPA Region 7 in Kansas City, Kan., Titan Environmental Services’ violations of the Residential Lead-Based Paint Hazard Reduction Act were based on findings from three EPA inspections: a May 2010 recordkeeping inspection at the company’s Kansas City business office, an October 2010 inspection at a lead-based paint training course given by the company at a hotel in Osage Beach, Mo.; and an October 2010 follow-up recordkeeping inspection at the company’s business office.

The Residential Lead-Based Paint Hazard Reduction Act of 1992, which amended the Toxic Substances Control Act (TSCA), was designed to address the need to control exposure to lead-based paint hazards. The law directs EPA to regulate the accreditation of training programs offered to renovation professionals, including minimum requirements for training providers, training curriculum, training hours, hands-on training, trainee competency and proficiency, and requirements for training program quality control.

Common renovation activities like sanding, cutting and demolition can produce hazardous lead dust that can be harmful to adults and children.

EPA’s inspections found that, despite being accredited in August 2009 to offer training in the Renovator Initial Course – English, Titan Environmental Services: 
  • Failed to properly notify EPA at least seven days in advance of offering training on at least six occasions during 2010.
  • Failed to properly notify EPA within 10 days after completions of training on at least 35 occasions during 2010.
  • Failed to maintain and make available to EPA necessary documents showing the education, work experience, training requirements or demonstrated experience for the principal instructor of a course offered in April 2010.
  • Failed to cover all required portions of hands-on training activities during training courses provided on at least four occasions in April 2010 and October 2010.
  • Failed to maintain and make available to EPA the necessary student assessment forms for training courses provided on at least two occasions in April 2010. 
By agreeing to the settlement with EPA, Titan Environmental Services has certified that it is presently in compliance with the applicable federal regulations.

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Thursday, February 2, 2012

Southwest Iowa Renewable Energy, LLC to Pay $10,150 Penalty

Thursday, February 2, 2012
U.S. Environmental Protection Agency, Region 7

901 N. Fifth St., Kansas City, KS 66101

Iowa, Kansas, Missouri, Nebraska, and Nine Tribal Nations


Southwest Iowa Renewable Energy, LLC to Pay $10,150 for Risk Management Plan Violations at Council Bluffs Ethanol Plant


Contact Information: Chris Whitley, 913-551-7394, whitley.christopher@epa.gov

Environmental News

FOR IMMEDIATE RELEASE

(Kansas City, Kan., Feb. 2, 2012) - Southwest Iowa Renewable Energy, LLC has agreed to pay a $10,150 civil penalty and spend at least $38,729 on a supplemental environmental project for failing to file a risk management plan and implement risk management regulations at its dry-mill ethanol plant in Council Bluffs, Iowa.

According to an administrative consent agreement and final order filed by EPA Region 7 in Kansas City, Kan., an inspection of the ethanol plant in January 2010 found that the company had not filed a risk management plan for the facility, as required by the federal Clean Air Act.

Under the Clean Air Act, the Council Bluffs facility was required to file a risk management plan because it had exceeded the 10,000-pound threshold for anhydrous ammonia, an extremely hazardous chemical. Southwest Iowa Renewable Energy was storing approximately 28,000 pounds of anhydrous ammonia at the time of the EPA inspection.

As part of its settlement with EPA, Southwest Iowa Renewable Energy has agreed to perform a supplemental environmental project, through which it will spend at least $38,729 to purchase emergency response equipment for the Council Bluffs and Lewis Township fire departments.

By agreeing to the settlement, the company has certified that the Council Bluffs ethanol plant is now in compliance with federal Risk Management Program regulations.

EPA enforces the Risk Management Program regulations of the Clean Air Act with a goal of preventing accidental chemical releases and minimizing the impact of releases or other accidents that may occur. The establishment of Risk Management Programs and formulation of Risk Management Plans helps companies, industries and municipalities operate responsibly, assists emergency responders by providing vital information necessary to address accidents and other incidents, protects the environment by preventing and minimizing damage from accidental releases, and keeps communities safer.

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Wednesday, February 1, 2012

Man Indicted for $3 Million Ponzi Scheme

News release from the FBI, Kansas City:


Former Lee’s Summit Man Indicted for $3 Million Ponzi Scheme

U.S. Attorney’s Office February 01, 2012
  • Western District of Missouri (816) 426-3122

KANSAS CITY, MO—Beth Phillips, United States Attorney for the Western District of Missouri, announced today that a former Lee’s Summit, Mo., man has been indicted by a federal grand jury for defrauding 39 investors in a $3 million Ponzi scheme.

Ronald W. Shepard, 72, formerly of Lee’s Summit, was charged in a 15-count indictment returned by a federal grand jury in Kansas City, Mo., on Tuesday, Jan. 31, 2012.

According to the indictment, Shepard’s company, Safety Solutions USA, LLC, in Lee’s Summit, developed and marketed a trailer hitch called Tow-Safe. A patent request for the trailer hitch safety device was filed, but rejected by the U.S. Patent Office. Shepard also operated a company called The Real Estate in Lee’s Summit.

Shepard received approximately $3,188,765 from approximately 39 investors from January 2006 through December 2009. Shepard returned approximately $1,235,853 to the investors, and lost or spent the rest, resulting in a minimum loss to investors of $1,825,883. Shephard is charged with 13 counts of mail fraud and two counts of money laundering related to the scheme.

Shepard, who prepared tax returns for individuals, discussed their investments and pitched his own companies as investments. Shepard allegedly claimed that investors would make anywhere from a 15 percent to 100 percent annual return on their investment. He allegedly failed to inform potential investors that the state had issued a cease and desist order that barred him from offering or selling any unregistered security.

Shepard allegedly told investors that their money was used to purchase property in Kansas City, the Lake of the Ozarks and Hawaii. Except for purchasing his own personal residence at the Lake of the Ozarks, the indictment says, Shepard did not purchase any real estate. Instead, the indictment alleges that Shepard used investor funds for personal living expenses, to pay other investors, to pay relatives, in disbursements of cash to himself and in real estate ventures.

According to the indictment, many investors liquidated their Individual Retirement accounts or 401(k) accounts and transferred the proceeds to Shepard for investment. Shepard allegedly told investors that if they liquidated retirement funds, thereby incurring penalties, he would refund their initial investment, plus the amount of penalty, plus interest.

The indictment also contains a forfeiture allegation, which would require Shepard to forfeit to the government any property derived from the proceeds of the alleged offenses, including $1,825,883.

Phillips cautioned that the charges contained in this indictment are simply accusations, and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty is to determine guilt or innocence.

Thursday, January 26, 2012

Oregon Potato Company Pays EPA Penalty for Failing to Report

News release from EPA:


Oregon Potato Company pays EPA penalty for failing to report ammonia release


Wally Moon, EPA Preparedness and Prevention Unit Manager, 206-553-6323, moon.wally@epa.gov
Tony Brown, EPA Public Affairs, 206-553-1203, brown.anthony@epa.gov

(Seattle—Jan. 26, 2012) Oregon Potato Company failed to report an anhydrous ammonia release at their facility in Warden, Washington and will pay the U.S. Environmental Protection Agency a $66,235 penalty.

On July 2, 2009, the facility released approximately 300 pounds of anhydrous ammonia into the environment, according to the EPA settlement. The facility, located at 1900 First Avenue West in Warden, Washington, produces dried and dehydrated frozen potato products.


According to Wally Moon, EPA Preparedness and Prevention Unit Manager in Seattle, these cases are about protecting workers, emergency responders and the community.


“When unintended chemical releases occur, every minute counts if it is an emergency,” said EPA’s Moon. “Emergency responders need to be notified promptly to react effectively.”


The leak occurred when a circuit breaker failed, causing a pressure relief valve to open releasing the anhydrous ammonia. EPA alleges that Oregon Potato failed to immediately notify local and state agencies about the release. While no injuries were reported at the time of the incident, ammonia is a pungent, toxic gas that attacks skin, eyes, throat, and lungs and can cause serious injury or death.


The ammonia release and the failure to notify appropriate agencies are violations of the federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and the Emergency Planning and Community Right-to-Know Act (EPCRA).


For information on EPA's Emergency Planning and Community Right to Know Act, visit http://www.epa.gov/compliance/civil/epcra/epcraenfstatreq.html


For more about toxic effects of Anhydrous Ammonia (NIOSH GUIDE): http://www.cdc.gov/niosh/npg/npgd0028.html

Tuesday, January 3, 2012

$1.7 Million Penalty to Resolve Clean Air Act Violations

Excerpts from EPA News Release:


News Releases from Headquarters

 

Essroc Cement Company to Pay $1.7 Million Penalty to Resolve Clean Air Act Violations/$33 million investment in pollution controls to reduce smog and asthma causing emissions by more than 7,000 tons per year

Release Date: 12/29/2011
Contact Information: CONTACTS: Stacy Kika Kika.stacy@epa.gov 202-564-0906 202-564-4355 Cathy Milbourn Milbourn.cathy@epa.gov 202-564-7849

WASHINGTON – The U.S. Environmental Protection Agency (EPA) and the U.S. Department of Justice (DOJ) announced that Essroc Cement Company has agreed to pay a $1.7 million penalty and invest approximately $33 million in pollution control technology to resolve alleged violations of the Clean Air Act (CAA) at six of its Portland Cement manufacturing plants. The settlement will protect Americans’ health by reducing more than 7,000 tons of harmful nitrogen oxides (NOx) and sulfur dioxide (SO2) pollution each year that can lead to childhood asthma, acid rain, and smog. Essroc has also agreed to spend $745,000 to mitigate the effects of past excess emissions from its facilities.

Under the settlement, Essroc will install state of the art pollution control technology to control SO
2 and NOx at five of its plants and demonstrate a selective catalytic reduction system (SCR) system at two long wet kilns in its Logansport, Ind. plant. If successful, this will be the first SCRs used on long wet kilns anywhere in the world. Essroc will also permanently retire its sixth plant, located in Bessemer, Penn. This plant is currently out of operation and its permanent retirement will ensure that the facility does not restart without proper permitting under the CAA.

The settlement also requires Essroc to spend $745,000 on a mitigation project to replace old engines in several off-road vehicles at its plant sites. The replacement engines are estimated to achieve approximately a 50-80 percent reduction in nitrogen oxides in each engine.

Reducing air pollution from cement plants is one of EPA’s National Enforcement Initiatives for 2011-2013. Sulfur dioxide and nitrogen oxides, two key pollutants emitted from cement plants, have numerous adverse effects on human health and are significant contributors to acid rain, smog, and haze. The pollutants are converted in the air into fine particles of particulate matter that can cause severe respiratory and cardiovascular impacts, and premature death. Reducing these harmful air pollutants will benefit the communities located near the Essroc plants, particularly communities disproportionately impacted by environmental risks and vulnerable populations, including children.

The states of Indiana and West Virginia, and the Commonwealths of Pennsylvania and Puerto Rico, are also signatories to this consent decree.

The settlement was lodged today in the U.S. District Court for the Western District of Pennsylvania, and is subject to a 30-day public comment period and final court approval.