Tax Center

    Tax Cheat Whistleblower Who Got Millions from IRS Will Owe Millions ... to the IRS

    Posted 4:56PM 09/12/12 Posted under: Taxes
    Bradley Birkenfeld
    Bradley Birkenfeld just got some good news and some bad news.

    The good news was that he got a $104 million payment from the IRS for his role in catching tax evaders using Swiss banks to hide money. Under the IRS whistleblower program, which was designed to give private individuals incentives to catch major tax cheats, the whistleblower gets a cut of whatever the IRS recovers in unpaid taxes. In Birkenfeld's case, his work in helping the government collect a $780 million fine entitled him to the nine-figure payday.

    The bad news: He could have to pay more than $35 million of that right back to the IRS when he files his taxes.

    No Good Deed Goes Untaxed

    A couple of years ago, the Tax Court looked at a case involving a similar payout under the False Claims Act. The court found that the award was entirely taxable, and although expenses that the whistleblower paid were eligible to be treated as miscellaneous itemized deductions, the whistleblower couldn't just exclude those expenses from income.

    If the same rules apply to Birkenfeld's award, his payment easily pushes him into the top 35% tax bracket. And if Birkenfeld is subject to state taxes, he could have another big chunk of money taken away.

    Taxing Lotteries, Garage Sales, Panhandling, and Lemonade Stands

    Of course, Birkenfeld isn't the only big winner -- or small windfall recipient -- to owe big bucks to the IRS.

    The Feds happily tax lottery winners on their multimillion-dollar payouts, leaving them with far less of an after-tax award than the headline numbers you hear about. Fortunately, many states make lottery proceeds exempt from state income tax, letting you keep at least a little more of your winnings.

    Holding a garage sale? Be careful. Many people rely on garage sales for some extra cash, and as long as you don't receive more than you paid for an item, then you won't need to report sales. But if you hit the jackpot with an undiscovered antique that brings you some extra money, you can expect the IRS to claim its share of your good fortune.

    The same holds true for selling things through online auctions. Potentially more problematic is that if you do garage sales or online sales regularly enough that they look like an ongoing business, you could end up treated as a self-employed person and have to pay employment-related taxes on top of regular income tax.

    Panhandlers are also subject to tax for the money they receive. Although gifts ordinarily don't count as taxable income, the IRS apparently sees begging as an occupation. With minimum income guidelines for having to file a return, though, most panhandlers probably wouldn't need to file a return in any event.

    Believe it or not, even your kid's lemonade stand may get attention from tax officials. A surprising number of incidents involving lemonade stands getting shut down have come up in recent years, with the stands facing allegations of not obtaining required licenses or meeting health regulations.

    Crime pays ... the IRS

    Perhaps the funniest tax, though, has to do with proceeds from criminal activities. Earlier this year, one tax preparation company said that a person came in asking if she had to pay taxes on $2,000 in proceeds she had earned selling cocaine. After consulting with the IRS, the preparer told the client that she would indeed have to declare the drug proceeds as income. According to a report, the taxpayer ended up putting the words "dealing cocaine" on the tax return as the explanation for the income.

    As silly as that may sound, not declaring illegal income has gotten plenty of people in trouble. Al Capone is probably the most notorious, but numerous criminals have found themselves targeted not for their primary crimes but instead for not giving the IRS its fair share.

    So the next time you're filing your taxes, be sure to think twice before you leave something out. You might owe more than you think.

    You can follow Motley Fool contributor Dan Caplinger on Twitter at @DanCaplinger.



    TurboTax Articles

    Top 5 Myths About Tax Audits

    Tax audits do not have to be feared. Find out the real deal when it comes to tax audits and why most tax audit concerns are unfounded.


    Brought to you by TurboTax.com

    What Are Tax Calculators?

    A tax calculator is a tool to help you estimate your income tax during the year.


    Brought to you by TurboTax.com

    Video: Gift Tax IRS Rules

    Note: The content of this video applies only to taxes prepared for 2010. It is included here for reference only. The IRS charges taxes on certain monetary gifts that people make during the year. Learn about the IRS rules for Gift Tax with help from TurboTax in this video clip.


    Brought to you by TurboTax.com

    Summary of Federal Tax Law Changes for 2010-2017

    Learn how federal tax law changes could impact your tax return in 2010 and beyond.


    Brought to you by TurboTax.com

    Video: Tax Filing Requirements for Children

    Depending on how much money they made during the year, your children may very well have to file for taxes. Learn about tax filing requirements for children with help from TurboTax in this video on tax tips.


    Brought to you by TurboTax.com

    Add a Comment

    *0 / 3000 Character Maximum

    33 Comments

    Filter by:
    Somey

    Too bad he didn't blow the whistle on Mitt

    18 minutes ago Report abuse rate up rate down Reply
    Steph

    i hate tax cheats

    29 minutes ago Report abuse rate up rate down Reply
    ragtopdaz

    Then the IRS pays a convicted felon Bradley Birkenfeld $104 Million in a plea bargain for Turning in Swiss bank account holders for non payment of taxes. But under the orders of the Democrats they will not stop this crime:



    Did you know that illegal immigrants all over the United States are using a massive scam to receive tax refunds from the federal government that are often in excess of $10,000? It is estimated that 2 million illegal immigrants are filing fraudulent tax returns each year and that they are pulling in more than 4 billion dollars in tax refunds every year that they are not entitled to. They are doing this by abusing the additional child tax credit and the IRS knows all about it and yet they refuse to do anything to stop it. Illegal immigrants are filing tax returns that sometimes claim 10 or 12 nieces and nephews as dependents, and most of the time those nieces and nephews do not even live in the United States. So while you and I are being taxed into oblivion, many illegal immigrants are often pulling in tax refunds that are well into five figures. At a time when the federal government is absolutely drowning in debt, this is the type of fraud that desperately needs to be cracked down on, and



    Last year, the whistleblower alerted the IRS to dozens of examples of illegal immigrants using this scam.

    So what happened?

    Absolutely nothing.

    The IRS took no action.

    But they seem to have plenty of time to come after you and I, don't they?

    The WTHR investigation mentioned above discovered one instance in which it was claimed that a total of 20 children lived in one trailer in Indiana.

    Because of tax credits for those children, a total of $29,608 was paid out to several illegal immigrant workers.

    But when a reporter from WTHR went to the trailer, he found that only one girl actually lived there.

    32 minutes ago Report abuse rate up rate down Reply
    tlcomm2

    Lord Obama giveth and Lord Obama taketh away

    1 hour ago Report abuse rate up rate down Reply
    Jim

    Aww, poor guy. He's only going to end up with $69 million. Life's rough.

    2 hours ago Report abuse rate up rate down Reply
    James

    nice misleading headline...was that to goad us into reading the non-story?

    2 hours ago Report abuse rate up rate down Reply
    Koz

    Lets see get 104 million give them back 35 million, actually just like hitting the lottery.

    3 hours ago Report abuse +1 rate up rate down Reply
    1 reply to Koz's comment
    ebernotus

    actually..its a better return than the lottery!

    1 hour ago Report abuse rate up rate down Reply
    mhall@mhallcpa.com

    I would take that deal any day of the week!!! I agree with you altern8ing.

    3 hours ago Report abuse rate up rate down Reply
    altern8ing

    SO what, What the hell is wrong with 69 million. If you win the lottery , you pay the IRS, right?
    Whats the point of this story?

    4 hours ago Report abuse +1 rate up rate down Reply
    1 reply to altern8ing's comment
    Patrick

    It's things like this that make me so DAMN happy I live in Canada.

    Revenue Canada isn't as greedy as the IRS.

    When a Canadian citizen wins the lottery here...he/she is paid the advertised jackpot amount. This is because the ACTUAL lottery pool is bigger than what the available jackpot is.

    What the winner recieves is what's left after Revenue Canada takes their cut The Canadian government doesn't take from it's citicens like the US government does. This is most likely why we don't hate our government as much as Americans hate theirs.

    1 hour ago Report abuse rate up rate down Reply
    beans19046

    So true many criminals who woukld not have ever served time for various reason end up going to jail because they kept the IRS out of the loop!

    5 hours ago Report abuse rate up rate down Reply