The "Lance Wallach" advantage is credibility, experience and trust!

Many advisory firms offer financial planning and investment services, but the difference is that Lance Wallach  wrote the books on life insurance as well as financial and estate planning that the other consultants learned from!

If you want to sleep soundly at night, don't go to the students for your financial answers, go to the one who teaches them - Lance Wallach!

For the past 25 years, successful businesses and individuals have turned to Lance Wallach and his team for assistance, and they are glad they did!
The "Tax Resolution" Offices of "Lance Wallach"
5 1 6 - 9 3 8 - 5 0 0 7    Nationwide Assistance
WallachInc@gmail.com

Choose This Tax Resolution Office Now

To Get An Expert On Your Side



Lance Wallach, Managing Director, is the nation's leading expert on
"employee benefit plans", "tax problem resolution" and IRS audits defense.  Mr. Wallach's team of highly experienced tax attorneys, CPAs, and ex-IRS agents have helped his clients save hundreds of thousands of dollars successfully defending them in lawsuits and "IRS audits"

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Lance Wallach, National Society of Accountants Speaker of the Year and member of the AICPA faculty of teaching professionals, is a frequent speaker on "retirement plans", financial and estate planning, and abusive tax shelters.  He writes about 412(i), 419, and "captive insurance" plans. He speaks at more than ten conventions annually, writes for more than 20 publications, is quoted regularly in the press, and has been featured on television and radio financial talk shows including NBC, National Pubic Radio’s All Things Considered, and others.  Lance has written numerous books including Protecting Clients from Fraud, Incompetence and Scams published by John Wiley and Sons, Bisk Education’s CPA’s Guide to Life Insurance and Federal Estate and Gift Taxation, as well as AICPA best-selling books, including Avoiding Circular 230 Malpractice Traps and Common Abusive Small Business Hot Spots. He gives "expert witness testimony" and his side has never lost a case.

witness irs help" "pension audit" "Grist Mill Trust" Benistar "SADI Trust" "Beta 419" "Millennium Plan" Bisys "Creative Services Group" "Sterling Benefit Plan" "Compass 419" Niche  "Sea Nine Veba" 419 412i 419e "expert witness insurance" "welfare benefit plans" "419 plan help" "expert witness irs"

Links To Our Expert Advice:

                       Investment News

TaxAudit419.com                      Get Sued         

FinanceExperts.us                     New Jersey Association of Public Accountants

Tax Notes                           California Broker Magazine
Bisk Education                     Fast Pitch Network

ReportableTransactions
Did You Participate?
Nine Insurance
Listed Transactions
IRC 6707A Info
Protecting Clients from Fraud, Incompetence, and Scams
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Still Not Convinced We Can Help You?
Here are a few "tax resolution services" success stories:

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In a Sept. 2008 Federal Court case, our "abusive insurance plans" expert testified as an "expert witness" for the plaintiff, and based in large part to the testimony of our expert witness, a $200,000 offer by the defendant was rejected and the plaintiff was awarded $700,000 which included punitive damages.

"lance wallach" “abusive tax shelter audit” "tax letter" "irs letter" "irs letters" "irs determination letter" 419e 412i 6707a "form 8886" "listed transactions" "abusive tax shelter assistance" "irs penalty abatement" "expert witness irs" veba "expert witness services" "expert witness irs help" "pension audit" "Grist Mill Trust" Benistar "SADI Trust" "Beta 419" "Millennium Plan" Bisys "Creative Services Group" "Sterling Benefit Plan" "Compass 419" Niche  "Sea Nine Veba" 419 412i 419e "expert witness insurance" "welfare benefit plans" "419 plan help" "expert witness irs" “Lance Wallach” “419 plan help” “412i plan help” “tax resolution services” “irs problem solvers” “form 8886” 6707a “irs letter” “abusive tax shelters” “abusive tax shelter” “listed transactions” “listed transaction” “8886 help” “expert witness” “insurance expert” “tax expert” “irs audit defense” “abusive tax shelter help” "tax letter" "irs letter" "irs letters" "irs determination letter" 419e 412i 6707a "form 8886" "listed transactions" "abusive tax shelter assistance" "irs penalty abatement" "expert witness irs" veba "expert witness services" "expert witness irs help" "pension audit" “abusive tax shelter help” “abusive tax shelter assistance”

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"lance wallach" “abusive tax shelter audit” "tax letter" "irs letter" "irs letters" "irs determination letter" 419e 412i 6707a "form 8886" "listed transactions" "abusive tax shelter assistance" "irs penalty abatement" "expert witness irs" veba "expert witness services" "expert witness irs help" "pension audit" "Grist Mill Trust" Benistar "SADI Trust" "Beta 419" "Millennium Plan" Bisys "Creative Services Group" "Sterling Benefit Plan" "Compass 419" Niche  "Sea Nine Veba" 419 412i 419e "expert witness insurance" "welfare benefit plans" "419 plan help" "expert witness irs" “Lance Wallach” “419 plan help” “412i plan help” “tax resolution services” “irs problem solvers” “form 8886” 6707a “irs letter” “abusive tax shelters” “abusive tax shelter” “listed transactions” “listed transaction” “8886 help” “expert witness” “insurance expert” “tax expert” “irs audit defense” “abusive tax shelter help” "tax letter" "irs letter" "irs letters" "irs determination letter" 419e 412i 6707a "form 8886" "listed transactions" "abusive tax shelter assistance" "irs penalty abatement" "expert witness irs" veba "expert witness services" "expert witness irs help" "pension audit" “abusive tax shelter help” “abusive tax shelter assistance”

In early 2008, our client's estate received a $25,000 "penalty assessment" by the IRS regarding a "pension plan" for a Medical Practice. Our CPA was able to resolve this complex "tax issue" and the entire penalty was rescinded.

"lance wallach" “abusive tax shelter audit” "tax letter" "irs letter" "irs letters" "irs determination letter" 419e 412i 6707a "form 8886" "listed transactions" "abusive tax shelter assistance" "irs penalty abatement" "expert witness irs" veba "expert witness services" "expert witness irs help" "pension audit" "Grist Mill Trust" Benistar "SADI Trust" "Beta 419" "Millennium Plan" Bisys "Creative Services Group" "Sterling Benefit Plan" "Compass 419" Niche  "Sea Nine Veba" 419 412i 419e "expert witness insurance" "welfare benefit plans" "419 plan help" "expert witness irs" “Lance Wallach” “419 plan help” “412i plan help” “tax resolution services” “irs problem solvers” “form 8886” 6707a “irs letter” “abusive tax shelters” “abusive tax shelter” “listed transactions” “listed transaction” “8886 help” “expert witness” “insurance expert” “tax expert” “irs audit defense” “abusive tax shelter help” "tax letter" "irs letter" "irs letters" "irs determination letter" 419e 412i 6707a "form 8886" "listed transactions" "abusive tax shelter assistance" "irs penalty abatement" "expert witness irs" veba "expert witness services" "expert witness irs help" "pension audit" “abusive tax shelter help” “abusive tax shelter assistance”

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In 2008, the IRS assessed a $331,000 penalty to a business with a 419 plan. Our firm was able to have the "IRS penalty"reduced to only $3,300.

Contact "Lance Wallachand his expert team today at

  516-938-5007 
(Nationwide Assistance)

or visit Taxaudit419.com

for more information about 412i and "419e plans" and the services
Lance and his expert team provides.



Small Business Retirement Plans Fuel Litigation


Maryland Trial Lawyer

Dolan Media Newswires                                     January                                                                                                                                                      

 

Small businesses facing audits and potentially huge tax penalties over certain types of retirement plans are filing lawsuits against those who marketed, designed and sold the plans. The 412(i) and 419(e) plans were marketed in the past several years as a way for small business owners to set up retirement or welfare benefits plans while leveraging huge tax savings, but the IRS put them on a list of abusive tax shelters and has more recently focused audits on them.

The penalties for such transactions are extremely high and can pile up quickly.

 There are business owners who owe taxes but have been assessed 2 million in penalties. The existing cases involve many types of businesses, including doctors’ offices, dental practices, grocery store owners, mortgage companies and restaurant owners. Some are trying to negotiate with the IRS. Others are not waiting. A class action has been filed and cases in several states are ongoing. The business owners claim that they were targeted by insurance companies; and their agents to purchase the plans without any disclosure that the IRS viewed the plans as abusive tax shelters. Other defendants include financial advisors who recommended the plans, accountants who failed to fill out required tax forms and law firms that drafted opinion letters legitimizing the plans, which were used as marketing tools.

A 412(i) plan is a form of defined benefit pension plan. A 419(e) plan is a similar type of health and benefits plan. Typically, these were sold to small, privately held businesses with fewer than 20 employees and several million dollars in gross revenues. What distinguished a legitimate plan from the plans at issue were the life insurance policies used to fund them. The employer would make large cash contributions in the form of insurance premiums, deducting the entire amounts. The insurance policy was designed to have a “springing cash value,” meaning that for the first 5-7 years it would have a near-zero cash value, and then spring up in value.

Just before it sprung, the owner would purchase the policy from the trust at the low cash value, thus making a tax-free transaction. After the cash value shot up, the owner could take tax-free loans against it. Meanwhile, the insurance agents collected exorbitant commissions on the premiums – 80 to 110 percent of the first year’s premium, which could exceed million.

Technically, the IRS’s problems with the plans were that the “springing cash” structure disqualified them from being 412(i) plans and that the premiums, which dwarfed any payout to a beneficiary, violated incidental death benefit rules.

Under §6707A of the Internal Revenue Code, once the IRS flags something as an abusive tax shelter, or “listed transaction,” penalties are imposed per year for each failure to disclose it. Another allegation is that businesses weren’t told that they had to file Form 8886, which discloses a listed transaction.

According to Lance Wallach of Plainview, N.Y. (516-938-5007), who testifies as an expert in cases involving the plans, the vast majority of accountants either did not file the forms for their clients or did not fill them out correctly.

Because the IRS did not begin to focus audits on these types of plans until some years after they became listed transactions, the penalties have already stacked up by the time of the audits.

Another reason plaintiffs are going to court is that there are few alternatives – the penalties are not appeasable and must be paid before filing an administrative claim for a refund.

The suits allege misrepresentation, fraud and other consumer claims. “In street language, they lied,” said Peter Losavio, a plaintiffs’ attorney in Baton Rouge, La., who is investigating several cases. So far they have had mixed results. Losavio said that the strength of an individual case would depend on the disclosures made and what the sellers knew or should have known about the risks.

In 2004, the IRS issued notices and revenue rulings indicating that the plans were listed transactions. But plaintiffs’ lawyers allege that there were earlier signs that the plans ran afoul of the tax laws, evidenced by the fact that the IRS is auditing plans that existed before 2004.

“Insurance companies were aware this was dancing a tightrope,” said William Noll, a tax attorney in Malvern, Pa. “These plans were being scrutinized by the IRS at the same time they were being promoted, but there wasn’t any disclosure of the scrutiny to unwitting customers.”

A defense attorney, who represents benefits professionals in pending lawsuits, said the main defense is that the plans complied with the regulations at the time and that “nobody can predict the future.”

An employee benefits attorney who has settled several cases against insurance companies, said that although the lost tax benefit is not recoverable, other damages include the hefty commissions – which in one of his cases amounted to 400,000 the first year – as well as the costs of handling the audit and filing amended tax returns.

Defying the individualized approach an attorney filed a class action in federal court against four insurance companies claiming that they were aware that since the 1980s the IRS had been calling the policies potentially abusive and that in 2002 the IRS gave lectures calling the plans not just abusive but “criminal.” A judge dismissed the case against one of the insurers that sold 412(i) plans.

The court said that the plaintiffs failed to show the statements made by the insurance companies were fraudulent at the time they were made, because IRS statements prior to the revenue rulings indicated that the agency may or may not take the position that the plans were abusive. The attorney, whose suit also names law firm for its opinion letters approving the plans, will appeal the dismissal to the 5th Circuit.

In a case that survived a similar motion to dismiss, a small business owner is suing Hartford Insurance to recover a “seven-figure” sum in penalties and fees paid to the IRS. A trial is expected in August.

But tax experts say the audits and penalties continue. “There’s a bit of a disconnect between what members of Congress thought they meant by suspending collection and what is happening in practice. Clients are still getting bills and threats of liens,” Wallach said. “Thousands of business owners are being hit with million-dollar-plus fines. … The audits are continuing and escalating. I just got four calls today,” he said. A bill has been introduced in Congress to make the penalties less draconian, but nobody is expecting a magic bullet.

“From what we know, Congress is looking to make the penalties more proportionate to the tax benefit received instead of a fixed amount.”

Lance Wallach can be reached at: WallachInc@gmail.com

For more information, please visit www.taxadvisorexperts.org Lance Wallach, National Society of Accountants Speaker of the Year and member of the AICPA faculty of teaching professionals, is a frequent speaker on retirement plans, abusive tax shelters, financial, international tax, and estate planning.  He writes about 412(i), 419, Section79, FBAR, and captive insurance plans. He speaks at more than ten conventions annually, writes for over fifty publications, is quoted regularly in the press and has been featured on television and radio financial talk shows including NBC, National Pubic Radio’s All Things Considered, and others. Lance has written numerous books including Protecting Clients from Fraud, Incompetence and Scams published by John Wiley and Sons, Bisk Education’s CPA’s Guide to Life Insurance and Federal Estate and Gift Taxation, as well as the AICPA best-selling books, including Avoiding Circular 230 Malpractice Traps and Common Abusive Small Business Hot Spots. He does expert witness testimony and has never lost a case. Contact him at 516.938.5007, wallachinc@gmail.com or visit www.taxadvisorexperts.com.

 

 

 

Lance Wallach
68 Keswick Lane
Plainview, NY 11803
Ph.: (516)938-5007
Fax: (516)938-6330
www.vebaplan.com

National Society of Accountants Speaker of The Year



The information provided herein is not intended as legal, accounting, financial or any type of advice for any specific individual or other entity. You should contact an appropriate professional for any such advice.

 



Retirement Today                        Sept 2011                                                                                                                              

 

Participate in a 419 or 412i Plan or Other Abusive Tax Shelter You could be fined a large amount of Money

Lance Wallach

 

Did you get a letter from the IRS threatening to impose this fine? If you haven’t already, you still may. Consider yourself lucky if you have not because this means that you have more time to straighten this situation out. Do not wait for this letter to come from the IRS before you call an expert to help you. Even if you have been audited already, you could still get the letter and/or fine. One has nothing to do with the other, and once the fine has been imposed, it is not able to be appealed.

Many businesses that participated in a 412i retirement plan or the IRS is auditing a 419-welfare benefit plan. Many of these plans were not in compliance with the law and are considered abusive tax shelters. Many business owners are not even aware that the welfare benefit plan or retirement plan that they are participating in may be an abusive tax shelter and that they are in serious jeopardy of huge IRS penalties for each year that they have been in this type of plan.

Insurance companies, CPAs, sellers of these 419 welfare benefit plans or 412i retirement plans, as well as anyone that gave tax advice or recommended participation in one or more of these plans, also known as a material advisor, is in danger of being sued, fined by the IRS, or both.

There is help available if you think you may be involved with one of these 419 welfare benefit plans, 412i retirement plans, or any abusive tax shelter. IRS penalty abatement is an option if you act now. Feel free to contact me for more information. www.lancewallach.com

 

Lance Wallach, National Society of Accountants Speaker of the Year and member of the AICPA faculty of teaching professionals, is a frequent speaker on retirement plans, abusive tax shelters, financial, international tax, and estate planning.  He writes about 412(i), 419, Section79, FBAR, and captive insurance plans. He speaks at more than ten conventions annually, writes for over fifty publications, is quoted regularly in the press and has been featured on television and radio financial talk shows including NBC, National Pubic Radio’s All Things Considered, and others. Lance has written numerous books including Protecting Clients from Fraud, Incompetence and Scams published by John Wiley and Sons, Bisk Education’s CPA’s Guide to Life Insurance and Federal Estate and Gift Taxation, as well as the AICPA best-selling books, including Avoiding Circular 230 Malpractice Traps and Common Abusive Small Business Hot Spots. He does expert witness testimony and has never lost a case. Contact him at 516.938.5007, wallachinc@gmail.com or visit www.taxadvisorexpert.com.

The information provided herein is not intended as legal, accounting, financial or any type of advice for any specific individual or other entity. You should contact an appropriate professional for any such advice.

 

 

 

Wayland, Iowa Man Sentenced to 30 Months Imprisonment for Tax Evasion

On October 29, 2010, in Des Moines, Iowa, Donald Miller was sentenced to 30 months in prison for tax evasion. According to court documents, Miller pled guilty to committing tax evasion in 2003 and 2004, but his misdeeds were much more extensive, and date back to the 1990s. Miller engaged in numerous acts of tax evasion. First, he placed his bank account and assets, including his home, commercial rental property, and farm land, in names other than his own, such as “white oaks trust,” “emerald trust,” “golden rod trust,” and “covenant management services trust,” to make it appear as if he had no income-generating assets, or taxable assets. Second, he directed his employer and others who owned him taxable income to make checks payable to him in names other than his own, so it would seem as if he had no taxable income. Third, he failed to file any federal income tax returns in his own name, or in the name of the fraudulent trusts, since 1992. Fourth, he similarly failed to file state income tax returns and pay state income taxes for several years. Additionally, in 2008, Miller sent the IRS four fraudulent $10 million “bonds,” which he essentially requested be offset against any tax liability he owed. In the same set of documents, Miller, who was born in Seward County, Nebraska and has lived in Wayland since 1967, denied being a citizen of the United States.