Tidyco, Inc.: Case Study

420 Words2 Pages
Date TAX FILE MEMORANDUM FROM: SUBJECT Cindy and Ralph Edmonds owns TidyCo., Inc. Illegally Invaded Taxes FACTS TidyCo. Inc. is owned by Cindy and Ralph Edmonds. TidyCo., Inc. has several operating coin Laundromats located in and around Debuque, Iowa. Every week the Edmonds made personal and corporate deposits with the Laundromats profits. The total of $200,000 weren’t reported and was hidden around the house in shoe boxes. The amount was found out by the IRS and is perusing a criminal tax evasion charges against the Edmonds under the Section 7201. The IRS has evidence that they purposely planned to defraud the government. TidyCo., Inc. has a negative accumulated and current E&P and a basis in the stock of $300,000. ISSUE…show more content…
section 7201, the government must prove beyond a reasonable doubt: (1) willfulness; (2) the existence of a tax deficiency; and (3) an affirmative act constituting evasion or attempted evasion of tax. The Edmonds did act with bad intentions and this resulted with the Edmonds keeping $200,000 of it hidden in their house. The Edmonds failed to report the diverted funds into the TidyCo., Inc. corporate book. It’s possible that they tried to avoid paying taxes on the diverted funds. But in the case of UNITED STATES OF AMERICA, APPELLEE v. James D'AGOSTINO, and Anne Marie D'AGOSTINO, DEFENDANTSAPPELLANTS, “bad intentions” is not a crime. Even though they were wrong for not reporting the amount, the diverted funds cannot be enough for a criminal offense if there weren’t any taxes due. Although Section 7201 states “Any person who willfully attempts in any manner to evade or defeat any tax imposed by this title or the payment thereof shall, in addition to other penalties provided by law, be guilty of a felony and, upon conviction thereof, shall be fined not more than $100,000 ($500,000 in the case of a corporation), or imprisoned not more than 5 years, or both, together with the costs of prosecution.” the IRS cannot justify that the Edmond’s diverted corporate funds were unlawful. The Edmond’s diverted funds didn’t have any taxes due and there is no possible legal way to determine a personal tax deficiency

More about Tidyco, Inc.: Case Study

Open Document