Protecting Clients from Fraud, Incompetence and Scams


Lance Wallach
 Nov 12

Parts of this article are from the book published by John Wiley and Sons, Protecting Clients from Fraud, Incompetence and Scams, authored by Lance Wallach.

Every financial expert out there knows that bad faith and bad planning can take down even the biggest firms, wiping out millions of dollars of value in an instant. Whether it's internal fraud, a scammer, or an incompetent planner that takes your client's cash, the bottom line is: The money is gone and the loss should have been prevented.

Filled with authoritative advice from financial expert Lance Wallach, Protecting Clients from Fraud, Incompetence, and Scams equips you as an accountant, attorney, or financial planner with the weaponry you need to detect bad investments before they happen and protect your clients' wealth - as well as your own.

Sharp and savvy in its frank, often humorous, and authoritative examination of financial fraud and mismanagement, you'll learn about the dysfunctional sectors in the financial industry and:

  • Protecting your retirement assets
  • Asset protection basics
  • Shifting the risk equation: insurance maneuvers
  • Reevaluating existing insurance
  • What financial advisors and insurance agents "forget" to tell their clients
  • The truth about variable annuities
  • What you must know about life settlements
  • The smart way to approach college funding

The news for the past two years has been filled with gloom and dangers: Swindles, Bernie Madoff, rip-offs, and the collapse of Bear Stearns and Lehman Brothers. But the party's over, and with that era done, it's more important than ever for you to perform the due diligence on all financial maneuvers affecting the money you oversee and provide your clients with assurance in the form of practical solutions for risk and asset management.

A pragmatic blueprint for identifying trouble spots you can expect and immediately useful solutions, Protecting Clients from Fraud, Incompetence, and Scams equips you with the resources, strategies, and tools you need to effectively protect your clients from frauds and financial scammers.

Herewith is an excerpt from Lance Wallach's book, Protecting Clients from Fraud, Incompetence and Scams:

The IRS has been cracking down on what it considers to be abusive tax shelters. Many of them are being marketed to small business owners by insurance professionals, financial planners, and even accountants and attorneys. I speak at numerous conventions, for both business owners and accountants. And after I speak, many people who have questions about tax reduction plans that they have heard about always approach me.

I have been an expert witness in many of these 419 and 412(i) lawsuits and I have not lost one of them. If you sold one or more of these plans, get someone who really knows what they are doing to help you immediately. Many advisors will take your money and claim to be able to help you. Make sure they have experience helping agents that have sold these types of plans. Make sure they have experience helping accountants who signed the tax returns. IRS calls them material advisors and fines them $200,000 if they are incorporated or $100,000 if not. Do not let them learn on the job, with your career and money at stake.

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 or www.taxaudit419.com.
The information provided herein is not intended as legal, accounting, financial or any other type of advice for any specific individual or other entity.  You should contact an appropriate professional for any such advice.


8 comments:

  1. file under 6707a to avoid large IRS fines

    The Truth Behind Section 79 Benefit Plans—I Can’t Stand the Hypocrisy Anymore

    The Truth Behind Section 79 Benefit Plans—
    I Can’t Stand the Hypocrisy Anymore

    As you already know, I often tell the readers of my newsletter that many times they are not providing the best advice to their clients. Click here to read a list of cautionary newsletters.

    I know I sometimes upset readers when I say they are not always providing the best advice. I walk a fine line between being seen as a straight shooter who just tells you how it is no matter what I’m discussing (sort of the Ralph Nader of the insurance/financial industry) and giving you useful information and tools so you can be unique and provide good advice to your clients.

    What about Section 79 Plans? First, you can read my past few newsletters on Section 79 Plans by clicking here and looking for the newsletters from 7-14-08 and 7-22-08. I’ve been consistent in indicating that they are marginal plans from a wealth building standpoint, but I have not broken them down like I will in this newsletter.

    What is a Section 79 Plan? Simply put, it is a tax-plan where small business owners are allowed to take a 20-40% deduction through their business to purchase an individually owned cash value life (CLV) insurance policy. This is the huge selling point of the plan.

    If you just read the above paragraph, you’d think that a Section 79 Plan is the nirvana of plans because you’ve been trying to get your profitable small business owners to buy CVL for years.

    Why are the finances of Section 79 so marginal? In short, the reason Section 79 Plans are up to 40% deductible is because the life insurance policy purchased is a crummy policy by design. That’s right, by design, the policy is a terrible cash accumulator.

    The better the policy, the less the deduction. A good policy (Retirement Life) for example would receive only an 8-10% deduction through the plan.

    Improving the finances of the Section 79 Plan Section 79 Plans are funded into a crummy cash accumulating policy for five years. Then the client is shown how the policy can be flipped to a variable life policy earning 9% annually going forward. Besides that this is not a conservative example, the numbers are marginal even assuming a 9% rate of return.

    Now in the marketplace is a new Section 79 Plan using an EIUL policy. The EIUL policy was also designed to be a crummy cash accumulating policy in the early years so the client can obtain his/her 30-40% deduction (not to mention that the company screwed up their plan for groups under 10 employees by not dealing the non-medical underwriting issue).

    Why are so many agents trying to sell Section 79 Plans? This is what really moved me to write this newsletter. Agents are pitching Section 79 Plans to clients for two simple reasons: 1) Many small business clients will buy any plan that is “deductible” because they so despise paying income taxes. 2) Insurance advisors want to sell life insurance.

    This brings up an interesting issue. If the plan is marginal from a wealth building standpoint, then why are agents selling it?

    Again two reasons: 1) Most advisors have not broken down the math so they can come to the conclusion I have which is that the plans are not worth implementing from a pure financial standpoint. 2) Some advisors know the plan is marginal from a financial standpoint and don’t care because they know they can still sell it to business owners who are looking for deductions.

    ReplyDelete
  2. Form 8886 & 419 Litigation Plans: More Problems for 419 Plans

    munibondlifeinsurance.blogspot.com/.../more-problems-for-419...‎
    by Lance Wallach - in 52 Google+ circles
    Aug 7, 2012 - By Lance Wallach, CLU, Chic, CIMC and Ronald H. Snyder, JD, MAAA, EA For years, life insurance companies and agents have tried to find ...
    Form 8886 & 419 Litigation Plans: IRS to Audit Sea Nine VEBA ...
    munibondlifeinsurance.blogspot.com/.../irs-to-audit-sea-nine-veba.html‎
    by Lance Wallach - in 52 Google+ circles
    Jan 21, 2013 - By Lance Wallach IRS audit of Sea Nine participating employers. In recent months, I have received phone calls from participants in the Sea ...
    You've visited this page 2 times. Last visit: 2/16/14
    Benistar Plan Abuses & 419 Plans Litigatio

    ReplyDelete
  3. 419 Litigation (419Litigation) on Twitter
    https://twitter.com/419Litigation‎
    The latest from 419 Litigation (@419Litigation). A consortium of legal professionals combining their resources to provide excellence in health-benefit-plan tax ...
    6707A Penalties & 419 Plans Litigation
    vebaplan.blogspot.com/‎
    Nov 23, 2013 - 412i, 419e plans litigation and IRS Audit Experts for abusive insurance based plans deemed reportable or listed transactions by the IRS.
    Lance Wallach shared this on Google+

    ReplyDelete
  4. ectQuote Insurance has 176 followers on Google+
    Search Results
    Section 79 & 419 Plans Litigation
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    Jan 17, 2012 - By Lance Wallach The IRS has been attacking all 419 welfare benefit plans, many 412i retirement plans, captive insurance plans with life ...
    You've visited this page many times. Last visit: 3/18/14
    Lance Wallach's Nationwide Life Insurance Litigation Blog
    www.lifeinsurancelitigation.net/LifeInsuranceNewsBlog.html‎
    Jan 28, 2014 - Lance Wallach's Blog covering topics re: Insurance Litigation Attorneys representing cases, ligitation support, Insurance Expert Witness ...
    Lance Wallach shared this on Google+
    Captive Insurance & 419 Plans Litigation
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    Mar 12, 2014 - 419 & 412i benefit plan,abusive tax shelters, Lance Wallach Expert Witness ... "The CPA's Guide to Life Insurance" by Bisk CPEasy; "Wealth ...
    Lance Wallach shared this on Google+
    Lance Wallach Life Insurance - 412i-419 Plans - Blogger
    419plans.blogspot.com/.../lance-wallach-life-insurance-complex.html?...‎
    Mar 6, 2014 - Insurance Litigation Attorneys representing cases, ligitation support, Insurance ... life insurance coverage claims, Lance Wallach also wrote the ...

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  5. As an expert witness, Lance Wallach has never lost a case. Lance Wallach has also written "CPA's guide to life insurance".
    http://lancewallachchfc.blogspot.com/
    https://www.youtube.com/watch?v=WTMWg6bn0Bc
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    click the links for more information:
    Google Lance Wallach-Lance Wallach Expert witness-Lance Wallach CPA's Guide To Life- Lance Wallach Insurance Litigation-

    ReplyDelete
  6. Section 79 Plans

    412i, 419e plans litigation and IRS Audit Experts for abusive insurance reportable or listed transactions by the IRS,Section 79, Section 79 Lawsuits,412i, 419e plans litigation and IRS Audit Experts for abusive insurance based plans deemed reportable or listed transactions by the IRS.Benistar,412i Lawsuits,419 lawsuits,412i Help,419 Help, IRS Audits,412i Problems,412i problems, Expert Witness Lance Wallach,412i Help,419 Help, Benistar Lawsuits, 412i lawsuits,419 lawsuits,
    Wednesday, January 8, 2014
    WHAT IS A SECTION 79 PLAN?
    Section 79 plans are commonly known for the $50,000 free term life insurance they can provide for employees. Less commonly known is that Section 79 plans can also provide permanent life insurance. These plans are employee benefit plans established under Section 79 of the Internal Revenue Code. Section 79 plans are non-qualified plans but they are tax-deductible plans for the adopting employer.
    WHAT ARE THE BENEFITS OF A SECTION 79 PLAN?
    Section 79 plans provide life insurance benefits for employees paid for by the employer. The life premiums paid are 100% tax-deductible to the business. The "economic benefit" of the life insurance is reportable as taxable income for the insured employee. Only life insurance in excess of $50,000 is reportable. The "economic benefit" is determined using the rates under Table I ( Reg. §1.79-3(d)(2)). When permanent insurance is used the reportable economic benefit can be as little as 60% of the actual premium paid and deducted. This can provide a tax-advantaged way to purchase personal life insurance.
    CAN ANY BUSINESS ADOPT A SECTION 79 PLAN?
    Section 79 plans are only for employees. Self-employed individuals, partners and owners of S corporations are not employees. For an owner to participate the sponsoring employer must be a C Corporation.
    MUST EVERY EMPLOYEE BE INCLUDED IN THE PLAN?
    Non-discrimination rules do apply. 70% of all full time employees must benefit, or 85% of participants must be non-key employees. All participants must be offered the same type and amount of benefits. Special rules apply for companies with less than ten employees.

    ReplyDelete
  7. How is the IRS Handling Cryptocurrency Transactions?
    The first page of IRS Form 1040 asks if at any time during the year you received, sold, or exchanged, or otherwise disposed of any financial interest in any virtual currency. If you have any taxable transactions, you should check “Yes.” If you have a nontaxable transaction – just buying Bitcoin or another cryptocurrency – you should check “No.”

    Reporting Taxable Transactions
    According to IRS Notice 2014-21, the IRS considers cryptocurrency as property, and capital gains and losses need to be reported on Schedule D and Form 8949 if necessary. As a result, the most common crypto transactions that you do need to report on your tax return include:

    Selling your Bitcoin or other crypto for cash
    Trading one cryptocurrency for another cryptocurrency
    Buying goods and services with your cryptocurrency
    In addition to reporting your capital gains and losses, you may need to report certain transactions as ordinary income, including:

    Receiving airdropped tokens
    Receiving tokens as a result of a hard fork
    Staking cryptocurrency
    Yield farming and Liquidity Mining
    Referral bonuses

    ReplyDelete
  8. How is the IRS Handling Cryptocurrency Transactions?
    The first page of IRS Form 1040 asks if at any time during the year you received, sold, or exchanged, or otherwise disposed of any financial interest in any virtual currency. If you have any taxable transactions, you should check “Yes.” If you have a nontaxable transaction – just buying Bitcoin or another cryptocurrency – you should check “No.”

    Reporting Taxable Transactions
    According to IRS Notice 2014-21, the IRS considers cryptocurrency as property, and capital gains and losses need to be reported on Schedule D and Form 8949 if necessary. As a result, the most common crypto transactions that you do need to report on your tax return include:

    Selling your Bitcoin or other crypto for cash
    Trading one cryptocurrency for another cryptocurrency
    Buying goods and services with your cryptocurrency
    In addition to reporting your capital gains and losses, you may need to report certain transactions as ordinary income, including:

    Receiving airdropped tokens
    Receiving tokens as a result of a hard fork
    Staking cryptocurrency
    Yield farming and Liquidity Mining
    Referral bonuses

    ReplyDelete

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