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MAY
2009
$30 million methane tax credit
scam unearthed
The United States has sued four
certified public accounts (CPA),
27 tax preparers and one other
individual, seeking to bar them
from promoting an alleged tax
scam involving bogus income
tax credits claimed for sham
sales of methane from landfills,
the Justice Department announced.
According to the civil injunction
lawsuit, filed in Tampa with
the U.S. District Court for
the Middle District of Florida,
George Calvert of Hernando Beach,
Florida, and Gregory Guido of
Lithia, Florida, concocted a
scheme that involves creating
bogus business records purportedly
documenting sales of methane
from landfills in Puerto Rico,
Illinois, New York, Ohio and
Connecticut. The suit alleges
that there were no methane sales,
but that the defendants helped
their customers claim tax credits
based on the purported sales.
Federal law allows an income
tax credit with respect to certain
sales of fuel from non-conventional
sources, including methane produced
from landfills.
The government complaint alleges
that Calvert and Guido promoted
the scheme through tax preparers,
who acted as sub-promoters.
The tax preparers allegedly
sold interests in the sham methane
production facilities to thousands
of customers in at least 14
states across the country and
prepared income tax returns
for their customers claiming
more than $30 million in tax
credits based on the sham methane
sales.
Two of the larger sub-promoters,
according to the complaint,
were Louis and Elizabeth Powell,
a married couple from Carthage,
Texas. The suit alleges that
the Powells sold the scheme
to more than 1,800 customers,
and then prepared tax returns
for customers claiming more
than $7.8 million of the improper
credits.
Another large sub-promoter alleged
to have promoted the scheme
is Ronald Fontenot of Lake Charles,
Louisiana. The complaint alleges
that Fontenot is the president
and CEO of Compro-Tax Inc.,
a tax preparation service with
over 100 offices in the eastern
and southern United States.
According to the complaint,
Fontenot promoted the credit
scheme to all Compro-Tax store
operators, and at least 54 of
those store operators sold interests
in the scheme to customers and
then prepared federal income
tax returns for the customers
claiming the improper tax credits.
The complaint further alleges
that one sub-promoter, Sally
Hand-Bostick, operator of National
Express Tax in Carrollton, Texas,
is a representative for Drake
Software, a Franklin, North
Carolina-based company that
sells tax preparation software
to tax preparers in all 50 states.
Hand-Bostick allegedly promoted
the scheme to tax preparers
who were her Drake Software
customers. She also allegedly
sold the scheme to her own tax
preparation customers, and prepared
returns for those customers
claiming nearly $2.5 million
of the improper tax credits.
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