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	<title>Mark Feldstein &#38; Associates &#187; Tax Convictions</title>
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	<description>Specialists in Taxation &#38; Accounting for Tax Amnesty</description>
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		<title>FAILING TO COMPY WITH COURT ORDER TO FILE RESULTS IN JAIL AND FINE</title>
		<link>http://toronto-accountant.ca/blog/index.php/2011/06/failing-to-compy-with-court-order-to-file-results-in-jail-and-fine/</link>
		<comments>http://toronto-accountant.ca/blog/index.php/2011/06/failing-to-compy-with-court-order-to-file-results-in-jail-and-fine/#comments</comments>
		<pubDate>Sat, 25 Jun 2011 16:58:49 +0000</pubDate>
		<dc:creator>Mark Feldstein</dc:creator>
				<category><![CDATA[Personal Taxes]]></category>
		<category><![CDATA[Tax Convictions]]></category>
		<category><![CDATA[failure to file]]></category>
		<category><![CDATA[Hamilton]]></category>
		<category><![CDATA[Tax Amnesty]]></category>

		<guid isPermaLink="false">http://toronto-accountant.ca/blog/?p=366</guid>
		<description><![CDATA[A resident of Stoney Creek, Colin Fox, pleaded guilty in the Ontario Court of Justice in Hamilton, on October 22, 2010 for failing to comply with a court order to file his 2004 income tax return. Since this was the third time Mr. Fox was convicted of this offence he was sentenced to four months [...]]]></description>
			<content:encoded><![CDATA[<p>A resident of Stoney Creek, Colin Fox, pleaded guilty in the Ontario Court of Justice in Hamilton, on October 22, 2010 for failing to comply with a court order to file his 2004 income tax return.  Since this was the third time  Mr. Fox was convicted of this offence he was sentenced to four months imprisonment and a fine of $2,000.</p>
<p>If   Mr.  Fox applied under  tax amnesty program and filed his tax return before  CRA  commenced an investigation  then he would not have been prosecuted and penalized.  He would only have to pay interest and taxes. </p>
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		<item>
		<title>$149,000 FINE AND HOUSE ARREST FOR NAPANEE BUSINESSMAN</title>
		<link>http://toronto-accountant.ca/blog/index.php/2011/06/149000-fine-and-house-arrest-for-napanee-businessman/</link>
		<comments>http://toronto-accountant.ca/blog/index.php/2011/06/149000-fine-and-house-arrest-for-napanee-businessman/#comments</comments>
		<pubDate>Fri, 24 Jun 2011 16:32:51 +0000</pubDate>
		<dc:creator>Mark Feldstein</dc:creator>
				<category><![CDATA[Tax Convictions]]></category>
		<category><![CDATA[GST]]></category>
		<category><![CDATA[Napanee]]></category>
		<category><![CDATA[Tax Evasion]]></category>
		<category><![CDATA[Voluntary Disclosure]]></category>

		<guid isPermaLink="false">http://toronto-accountant.ca/blog/?p=361</guid>
		<description><![CDATA[Mario Pietrangeli of Napanee received a guilty verdict for federal income tax and GST evasion in the Ontario Court of Justice in Napanee. His sentence consisted of fines totaling $149,000 which had to be paid within two years, two years probation, and a 12-month conditional sentence which included four months of house arrest as well [...]]]></description>
			<content:encoded><![CDATA[<p>Mario Pietrangeli of Napanee received a guilty verdict for federal income tax and GST evasion in the Ontario Court of Justice in Napanee.  His sentence consisted of fines totaling $149,000 which had to be paid within two years, two years probation, and a 12-month conditional sentence which included four months of house arrest as well as good behavior and keeping the peace, comply with the Income Tax Act.   If Pietrangeli  had voluntarily disclosed the missing sales before Canada Revenue Agency started its investigation, he could have avoided fines and house arrest.</p>
<p>Pietrangeli sold scrap metal and salvaged parts from scrap automobiles as well as purchased the same at his place of business, Napanee Scrap Metal and Auto Parts.  In January 2009, Canada Revenue Agency began an investigation.  It was shown that Pietrangeli concealed revenue by withholding relevant books and records from his tax preparer.  His bookkeeper was mislead by Pietrangeli into believing he sold to company for the years 2004 – 2006.</p>
<p>The Canada Revenue Agency also found false business expenses were being claimed, and some income was actually claimed as expenses.</p>
<p>Pietrangeli tried to avoid paying $80,455 in federal taxes during 2004 – 2005 by not reporting sales totaling $671,394.  He also did not remit $118,838 in GST for the years 2004 – 2006.</p>
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		<item>
		<title>TAX FRAUD COST TAX PREPARER HOUSE ARREST</title>
		<link>http://toronto-accountant.ca/blog/index.php/2011/06/tax-fraud-cost-tax-preparer-house-arrest/</link>
		<comments>http://toronto-accountant.ca/blog/index.php/2011/06/tax-fraud-cost-tax-preparer-house-arrest/#comments</comments>
		<pubDate>Thu, 23 Jun 2011 20:32:23 +0000</pubDate>
		<dc:creator>Mark Feldstein</dc:creator>
				<category><![CDATA[Personal Taxes]]></category>
		<category><![CDATA[Tax Convictions]]></category>
		<category><![CDATA[charitable donations]]></category>
		<category><![CDATA[Markham]]></category>
		<category><![CDATA[Tax Evasion]]></category>
		<category><![CDATA[Voluntary Disclosure]]></category>

		<guid isPermaLink="false">http://toronto-accountant.ca/blog/?p=358</guid>
		<description><![CDATA[Faiz Khan of Markham was convicted of one count of fraud over $5,000 in the Ontario Court of Justice in Toronto on November 26, 2010. Faiz received a conditional sentence of 2 years less a day. Khan will be under house arrest for a year and a half with 6 months under curfew. He will [...]]]></description>
			<content:encoded><![CDATA[<p>Faiz Khan of Markham was convicted of one count of fraud over $5,000 in the Ontario Court of Justice in Toronto on November 26, 2010.  Faiz received a conditional sentence of 2 years less a day.  Khan will be under house arrest for a year and a half with 6 months under curfew.  He will be on probation for the next two years.  He has to pay $824,971, and was banned from gambling and preparing tax returns.  If Khan had voluntarily disclosed the tax scheme to Canada Revenue Agency before they started any investigation, he could have avoided penalties, prosecution, and the loss of his livelihood.</p>
<p>During an investigation by Canada Revenue Agency, it was revealed that Faiz prepared false tax returns and false donation claims.  During the years 2004 – 2008, he falsified documents on behalf of his 52 clients which understated their federal taxes by $575,971, thereby increasing their tax refunds.</p>
<p>The names of four charities on the falsified donation slips were City Chapel Ministries International, Destiny Ministries International Christian Mission, Pan African Canadian Multicultural Centre and Ave Development Foundation.  They had their charity status revoked by CRA.<span id="more-358"></span></p>
<p>Canada Revenue Agency found that Khan also filed fraudulent tax returns of his own from 2004 – 2007 by not reporting income from his business and included false donation claims.  He evaded a tax payment of $249,000 when he failed to report $984,594 to Canada Revenue Agency.</p>
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		<item>
		<title>NON-COMPLIANCE WITH A JUDGE’S ORDER TO FILE CORPORATE RETURNS LEADS TO A FINE FOR NORTH BAY RESIDENT</title>
		<link>http://toronto-accountant.ca/blog/index.php/2011/06/non-compliance-with-a-judge%e2%80%99s-order-to-file-corporate-returns-leads-to-a-fine-for-north-bay-resident/</link>
		<comments>http://toronto-accountant.ca/blog/index.php/2011/06/non-compliance-with-a-judge%e2%80%99s-order-to-file-corporate-returns-leads-to-a-fine-for-north-bay-resident/#comments</comments>
		<pubDate>Thu, 23 Jun 2011 13:03:49 +0000</pubDate>
		<dc:creator>Mark Feldstein</dc:creator>
				<category><![CDATA[Corporate Taxes]]></category>
		<category><![CDATA[Tax Convictions]]></category>
		<category><![CDATA[failure to file]]></category>
		<category><![CDATA[North Bay]]></category>
		<category><![CDATA[Voluntary Disclosure]]></category>

		<guid isPermaLink="false">http://toronto-accountant.ca/blog/?p=369</guid>
		<description><![CDATA[Anna McArthur pleaded guilty to four counts of failing to comply with a judge’s orders to file corporate income tax returns in the Ontario Court of Justice in North Bay. During the years 2002 to 2005, McArthur as director, officer or agent did not file corporate income tax returns for 1135650 Ontario Inc. She received [...]]]></description>
			<content:encoded><![CDATA[<p>Anna McArthur pleaded guilty to four counts of failing to comply with a judge’s orders to file corporate income tax returns in the Ontario Court of Justice in North Bay.   During the years 2002 to 2005, McArthur as director, officer or agent did not file corporate income tax returns for 1135650 Ontario Inc.  She received a total fine of $8,000.  Besides paying fines and penalties, income tax returns must still be filed and income tax payables must still be paid after conviction.   This could have been avoided if McArthur filed her returns under the Canada Revenue Agency’s Voluntary Disclosure Program (VDP) before the government started investigating or contacting her.</p>
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		<item>
		<title>“TAX EXEMPT” ARGUMENT FUTILE</title>
		<link>http://toronto-accountant.ca/blog/index.php/2011/06/tax-exempt-argument-futile/</link>
		<comments>http://toronto-accountant.ca/blog/index.php/2011/06/tax-exempt-argument-futile/#comments</comments>
		<pubDate>Fri, 03 Jun 2011 11:43:28 +0000</pubDate>
		<dc:creator>Mark Feldstein</dc:creator>
				<category><![CDATA[Corporate Taxes]]></category>
		<category><![CDATA[Personal Taxes]]></category>
		<category><![CDATA[Tax Convictions]]></category>
		<category><![CDATA[GST]]></category>
		<category><![CDATA[Tax Evasion]]></category>

		<guid isPermaLink="false">http://toronto-accountant.ca/blog/?p=342</guid>
		<description><![CDATA[During his court appearance in the Ontario Court of Justice in Lindsay James Bradford Medd attempted to use the argument, still actively promoted by some individuals and groups, that it is possible to lawfully declare oneself exempt from tax.  Despite Medd’s statement that the Court had “no jurisdiction or authority” over him as “a human [...]]]></description>
			<content:encoded><![CDATA[<p>During his court appearance in the Ontario Court of Justice in Lindsay James Bradford Medd attempted to use the argument, still actively promoted by some individuals and groups, that it is possible to lawfully declare oneself exempt from tax.  Despite Medd’s statement that the Court had “no jurisdiction or authority” over him as “a human being” he was found guilty of four counts each of Income Tax and Goods and Services Tax (GST evasion) on September 21, 2010.  The $43,830 fine imposed by the Court represents 100% of the taxes evaded by Medd and is in addition to the taxes and interest owing and all penalties determined by the Canada Revenue Agency (CRA).</p>
<p>The charges related to the 2003 through 2006 taxation years.  Medd has income from several sources including bookkeeping, accounting, tax preparation and consulting work, the sale of puppies and farm income.  After a routine audit the CRA instigated an investigation which included a search of Medd’s residence, as authorized by a search warrant.  It became evident from Medd’s bank and business records that Medd had failed to report personal income of $208,288 during the years in question.  He also failed to file GST returns  for the same period of time, thereby evading $14,250 in GST.</p>
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		<item>
		<title>UNREPORTED INCOME LEADS TO LARGE FINE</title>
		<link>http://toronto-accountant.ca/blog/index.php/2011/06/unreported-income-leads-to-large-fine/</link>
		<comments>http://toronto-accountant.ca/blog/index.php/2011/06/unreported-income-leads-to-large-fine/#comments</comments>
		<pubDate>Fri, 03 Jun 2011 11:36:11 +0000</pubDate>
		<dc:creator>Mark Feldstein</dc:creator>
				<category><![CDATA[Corporate Taxes]]></category>
		<category><![CDATA[Tax Convictions]]></category>
		<category><![CDATA[Holland Centre]]></category>
		<category><![CDATA[Owen Sound]]></category>
		<category><![CDATA[Tax Evasion]]></category>
		<category><![CDATA[Underground Economy Section]]></category>

		<guid isPermaLink="false">http://toronto-accountant.ca/blog/?p=348</guid>
		<description><![CDATA[Robert Morrison of Holland Centre faced three counts of tax evasion in the Ontario Court of Justice in Owen Sound on December 20, 2010.  Following Mr. Morrison’s guilty plea the Court levied a fine of $47,344, to be paid in the next five years.  The fine is supplementary to the taxes and interest owing, as [...]]]></description>
			<content:encoded><![CDATA[<p>Robert Morrison of Holland Centre faced three counts of tax evasion in the Ontario Court of Justice in Owen Sound on December 20, 2010.  Following Mr. Morrison’s guilty plea the Court levied a fine of $47,344, to be paid in the next five years.  The fine is supplementary to the taxes and interest owing, as well as the penalties determined by the Canada Revenue Agency (CRA).</p>
<p>Morrison, a masonry contractor operating in the Owen Sound area, had substantial income which he failed to report during the 2003 and 2004 taxation years.  This fact was discovered during an audit by the CRA’s Underground Economy Section.  As a result of this finding, the file was referred to the CRA’s Enforcement Division, who subsequently expanded the investigation to encompass the 2005, 2006 and 2007 taxation years.  Total federal income tax evaded was $61,173 and the total GST evaded totaled $33,514 during the period of 2003 to 2007.</p>
<p>Upon conviction of tax evasion all taxes, interest and CRA penalties must be paid.  Where gross negligence has occurred the CRA has the authority to assess a maximum penalty of 50% of the unpaid</p>
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		<item>
		<title>DIVERTING INCOME TO U.S. IS NOT AN OPTION</title>
		<link>http://toronto-accountant.ca/blog/index.php/2011/06/diverting-income-to-american-accoun/</link>
		<comments>http://toronto-accountant.ca/blog/index.php/2011/06/diverting-income-to-american-accoun/#comments</comments>
		<pubDate>Fri, 03 Jun 2011 11:32:42 +0000</pubDate>
		<dc:creator>Mark Feldstein</dc:creator>
				<category><![CDATA[Corporate Taxes]]></category>
		<category><![CDATA[Personal Taxes]]></category>
		<category><![CDATA[Tax Convictions]]></category>
		<category><![CDATA[Ottawa]]></category>
		<category><![CDATA[Tax Evasion]]></category>

		<guid isPermaLink="false">http://toronto-accountant.ca/blog/?p=344</guid>
		<description><![CDATA[Diverting income to a U.S. corporation in an attempt to avoid paying Canadian income tax is not an option.  Sylvie Clement, a self-employed human resources consultant, attempted to divert a portion of her income to a company located in the United States and owned solely by her.   The end result was that she was charged [...]]]></description>
			<content:encoded><![CDATA[<p>Diverting income to a U.S. corporation in an attempt to avoid paying Canadian income tax is not an option.  Sylvie Clement, a self-employed human resources consultant, attempted to divert a portion of her income to a company located in the United States and owned solely by her.   The end result was that she was charged with, and found guilty of, one count of tax evasion on December 21, 2010 in the Ontario Court of Justice in Ottawa.  The Court imposed a fine of $20,000, which represents 50% of the total income evaded.</p>
<p>An investigation by the Canada Revenue Agency (CRA) revealed that while all of Ms. Clement’s work was performed for the same client, some of the invoices issued were in the name of a U.S. corporation owned solely by Clement.  The client was asked to wire payments for these invoices to the bank account for the U.S. corporation.   Only the income paid for in Canada was declared on Clement’s personal tax returns.  The income diverted to the U.S. bank account was used to pay for personal expenditures.  The total annual personal expenditures exceeded the income reported on personal tax returns.  During the</p>
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		<item>
		<title>FAILURE TO FILE COSTS HILLSDALE MAN $5,000</title>
		<link>http://toronto-accountant.ca/blog/index.php/2011/05/failure-to-file-costs-hillsdale-man-5000/</link>
		<comments>http://toronto-accountant.ca/blog/index.php/2011/05/failure-to-file-costs-hillsdale-man-5000/#comments</comments>
		<pubDate>Thu, 12 May 2011 18:09:24 +0000</pubDate>
		<dc:creator>Mark Feldstein</dc:creator>
				<category><![CDATA[Personal Taxes]]></category>
		<category><![CDATA[Tax Convictions]]></category>
		<category><![CDATA[Barrie]]></category>
		<category><![CDATA[failure to file]]></category>
		<category><![CDATA[Hillsdale]]></category>

		<guid isPermaLink="false">http://toronto-accountant.ca/blog/?p=336</guid>
		<description><![CDATA[Gregory Bolak of Hillsdale, Ontario appeared in the Ontario Court of Justice in Barrie, Ontario on September 30, 2010.  Mr. Bolak had not filed his 2003 to 2007 personal income tax returns and as a result was charged with failure to file by the Canada Revenue Agency.  He pleaded guilty to five counts of failure [...]]]></description>
			<content:encoded><![CDATA[<p>Gregory Bolak of Hillsdale, Ontario appeared in the Ontario Court of Justice in Barrie, Ontario on September 30, 2010.  Mr. Bolak had not filed his 2003 to 2007 personal income tax returns and as a result was charged with failure to file by the Canada Revenue Agency.  He pleaded guilty to five counts of failure to file income tax returns and was subsequently fined $1,000 per count.  In addition to the $5,000 fine, all taxes, interest and Canada Revenue Agency (CRA) penalties must be paid and the outstanding returns must be filed.</p>
<p>Avoiding court fines and CRA penalties is possible.  If the taxpayer enters into the <a title="Tax Amnesty Program in Canada" href="http://www.toronto-accountant.ca/services/tax-amnesty.php">CRA’s Voluntary Disclosure Program</a>, delinquent returns can be filed and unreported income can be disclosed, however,   eligibility for this Program rests on the fact that there has been no contact by the CRA.  Once an action has been undertaken or an investigation has been initiated by the CRA, eligibility for the Program disappears.</p>
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		<item>
		<title>AYLMER SUBCONTRACTOR PAYS $1,000 PER TAX RETURN</title>
		<link>http://toronto-accountant.ca/blog/index.php/2011/05/aylmer-subcontractor-pays-1000-per-tax-return/</link>
		<comments>http://toronto-accountant.ca/blog/index.php/2011/05/aylmer-subcontractor-pays-1000-per-tax-return/#comments</comments>
		<pubDate>Thu, 12 May 2011 17:59:51 +0000</pubDate>
		<dc:creator>Mark Feldstein</dc:creator>
				<category><![CDATA[Tax Convictions]]></category>
		<category><![CDATA[Aylmer]]></category>
		<category><![CDATA[failure to file]]></category>
		<category><![CDATA[GST]]></category>
		<category><![CDATA[St. Thomas]]></category>

		<guid isPermaLink="false">http://toronto-accountant.ca/blog/?p=331</guid>
		<description><![CDATA[Jacob (Jake) Knelsen of Aylmer, Ontario appeared in the Ontario Court of Justice in St. Thomas, Ontario on September 28, 2010 to face charges of failure to file tax returns.  Following a plea of guilty to all six counts, Mr. Knelsen received a fine of $1,000 per count.  Mr. Knelsen is required to pay the [...]]]></description>
			<content:encoded><![CDATA[<p>Jacob (Jake) Knelsen of Aylmer, Ontario appeared in the Ontario Court of Justice in St. Thomas, Ontario on September 28, 2010 to face charges of failure to file tax returns.  Following a plea of guilty to all six counts, Mr. Knelsen received a fine of $1,000 per count.  Mr. Knelsen is required to pay the $6,000 fine as well as all taxes, interest and penalties imposed by the Canada Revenue Agency (CRA).</p>
<p>A self-employed subcontractor in the construction industry, Mr. Knelsen failed to file personal income tax returns for the 2004, 2005 and 2006 taxation years.  He also failed to file annual Goods and Services tax returns for 2005, 2006 and 2007.  After charges were laid all outstanding returns were filed.</p>
<p>Mr. Knelsen could have saved himself $6,000.  Had he filed the tax returns under the <a title="Tax Amensty in Canada" href="http://www.toronto-accountant.ca/services/tax-amnesty.php">CRA’s Voluntary Disclosure Program </a>he would have avoided the fine and the CRA penalties.  Delinquent tax returns can be filed and previously undisclosed income can be reported under the Program, provided there has been no contact by the CRA.  Unfortunately, once the CRA initiates an action or investigation against the taxpayer, the Program is no longer available.</p>
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		<title>“TAX GUY” COMMITS FRAUD FROM PRISON</title>
		<link>http://toronto-accountant.ca/blog/index.php/2011/04/%e2%80%9ctax-guy%e2%80%9d-commits-fraud-from-prison/</link>
		<comments>http://toronto-accountant.ca/blog/index.php/2011/04/%e2%80%9ctax-guy%e2%80%9d-commits-fraud-from-prison/#comments</comments>
		<pubDate>Fri, 29 Apr 2011 18:40:01 +0000</pubDate>
		<dc:creator>Mark Feldstein</dc:creator>
				<category><![CDATA[Tax Convictions]]></category>
		<category><![CDATA[fraud]]></category>
		<category><![CDATA[GST]]></category>

		<guid isPermaLink="false">http://toronto-accountant.ca/blog/?p=328</guid>
		<description><![CDATA[A prison inmate received a sentence of 30 months in jail on September 14, 2010 in the Ontario Court of Justice in Toronto after he pleaded guilty to two counts of fraud over $5,000 at a previous court appearance.  Michael Bannon, currently incarcerated, prepared bogus tax returns for prison inmates and received refunds as a [...]]]></description>
			<content:encoded><![CDATA[<p>A prison inmate received a sentence of 30 months in jail on September 14, 2010 in the Ontario Court of Justice in Toronto after he pleaded guilty to two counts of fraud over $5,000 at a previous court appearance.  Michael Bannon, currently incarcerated, prepared bogus tax returns for prison inmates and received refunds as a result of the fraudulent returns.  </p>
<p>The scheme was discovered during a joint investigation by the Canada Revenue Agency (CRA) and other government agencies.  Fraudulent personal income tax returns were prepared for 178 prison inmates during the 1999 to 2007 taxation years.  A total of $704,684 income tax refunds were claimed in the aforementioned tax returns.  Bannon also filed fraudulent GST returns under the names of 295 individuals, many of whom were prison inmates, claiming $1.1 million in refunds.  While no refunds were issued for the claims made on the personal income tax returns, $90,217 in refunds were issued for the GST refunds and cheques  totaling $58,217 were cashed.</p>
<p>In his position as the “tax guy” in the prison, Bannon let it be known that he could prepare and file returns for his fellow inmates.  He procured the inmates’ personal information, including name, social insurance number, date of birth and address, however, his “clients” were unaware that he was changing the addresses on the returns to post office boxes that he controlled.</p>
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