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Tax Preparer Guilty of Fraud: The Case of Celina Bolton-Fultz
From the stupid tax prepaper files.
Isn’t it incredible how some people believe they are owed something they don’t deserve. This tax preparer stole from taxpayers, applied for and received fraudulent PPP and disaster loans.
Celina Bolton-Fultz of Slidell, Louisiana, pled guilty on October 3, 2024, to thirty counts of assisting in filing false tax returns under 26 U.S.C. § 7206(2), five counts of filing her own false tax returns under 26 U.S.C. § 7206(1), four counts of making false statements under 18 U.S.C. § 1001, and two counts of theft of government funds under 18 U.S.C. § 641. The Honorable Eldon E. Fallon has scheduled sentencing for January 23, 2025.
According to court documents, between 2018 and 2022, Bolton-Fultz submitted thirty fraudulent tax returns for seven clients of her tax preparation business, falsely inflating their income by adding fictitious “household help” income to obtain unwarranted tax credits. Additionally, she manipulated her own income on her tax returns for the years 2017 through 2021 by fraudulently reducing her gross receipts and reporting false expenses.
In relation to the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), Bolton-Fultz also pled guilty to multiple fraud-related charges. She admitted to submitting fraudulent applications in 2020 and 2021 for Paycheck Protection Program (“PPP”) loans, providing false business payroll information and fake tax forms. Furthermore, she pled guilty to filing falsified applications for Economic Injury Disaster Loans (“EIDLs”) with the Small Business Administration (“SBA”), thereby fraudulently obtaining $204,103 in PPP and EIDL funds.
Under her plea agreement, Bolton-Fultz agreed to pay at least $405,133 in restitution to the IRS and SBA. She faces a maximum penalty of three years of imprisonment for each tax count, five years for each PPP fraud count, and ten years for each EIDL fraud count. Bolton-Fultz also faces fines up to $100,000 for each tax count and $250,000 for each fraud count, or twice the gross gain or loss under 18 U.S.C. § 3571, or both. Additionally, she faces supervised release terms of up to three years for the fraud counts and up to one year for the tax counts, alongside mandatory special assessment fees.
IRS Special Edition Tax Tip 2013-08: Protect Yourself from the Dirty Dozen Tax Scams
The IRS’s annual ‘Dirty Dozen’ list includes common tax scams that often peak during the tax filing season. The IRS recommends that taxpayers be aware so they can protect themselves against claims that sound too good to be true. Taxpayers who buy into illegal tax scams can end up facing significant penalties and interest and even criminal prosecution.
The tax scams that made the Dirty Dozen list this filing season are:
Identity Theft. Tax fraud through the use of identity theft tops this year’s Dirty Dozen list. Combating identity theft and refund fraud is a top priority for the IRS. The IRS’s ID theft strategy focuses on prevention, detection and victim assistance. During 2012, the IRS protected $20 billion of fraudulent refunds, including those related to identity theft. This compares to $14 billion in 2011. Taxpayers who believe they are at risk of identity theft due to lost or stolen personal information should immediately contact the IRS so the agency can take action to secure their tax account. If you have received a notice from the IRS, call the phone number on the notice. You may also call the IRS’s Identity Protection Specialized Unit at 800-908-4490. Find more information on the identity protection page on IRS.gov.
Phishing. Phishing typically involves an unsolicited email or a fake website that seems legitimate but lures victims into providing personal and financial information. Once scammers obtain that information, they can commit identity theft or financial theft. The IRS does not initiate contact with taxpayers by email to request personal or financial information. This includes any type of electronic communication, such as text messages and social media channels. If you receive an unsolicited email that appears to be from the IRS, send it to phishing@irs.gov.
Return Preparer Fraud. Although most return preparers are reputable and provide good service, you should choose carefully when hiring someone to prepare your tax return. Only use a preparer who signs the return they prepare for you and enters their IRS Preparer Tax Identification Number (PTIN). For tips about choosing a preparer, visit www.irs.gov/chooseataxpro.
Hiding Income Offshore. One form of tax evasion is hiding income in offshore accounts. This includes using debit cards, credit cards or wire transfers to access those funds. While there are legitimate reasons for maintaining financial accounts abroad, there are reporting requirements taxpayers need to fulfill. Failing to comply can lead to penalties or criminal prosecution. Visit IRS.gov for more information on the Voluntary Disclosure Program.
“Free Money” from the IRS & Tax Scams Involving Social Security. Beware of scammers who prey on people with low income, the elderly and church members around the country. Scammers use flyers and ads with bogus promises of refunds that don’t exist. The schemes target people who have little or no income and normally don’t have to file a tax return. In some cases, a victim may be due a legitimate tax credit or refund but scammers fraudulently inflate income or use other false information to file a return to obtain a larger refund. By the time people find out the IRS has rejected their claim, the promoters are long gone.
Impersonation of Charitable Organizations. Following major disasters, it’s common for scam artists to impersonate charities to get money or personal information from well-intentioned people. They may even directly contact disaster victims and claim to be working for or on behalf of the IRS to help the victims file casualty loss claims and get tax refunds. Taxpayers need to be sure they donate to recognized charities.
False/Inflated Income and Expenses. Falsely claiming income you did not earn or expenses you did not pay in order to get larger refundable tax credits is tax fraud. This includes false claims for the Earned Income Tax Credit. In many cases the taxpayer ends up repaying the refund, including penalties and interest. In some cases the taxpayer faces criminal prosecution. In one particular scam, taxpayers file excessive claims for the fuel tax credit. Fraud involving the fuel tax credit is a frivolous claim and can result in a penalty of $5,000.
False Form 1099 Refund Claims. In this scam, the perpetrator files a fake information return, such as a Form 1099-OID, to justify a false refund claim.
Frivolous Arguments. Promoters of frivolous schemes advise taxpayers to make unreasonable and outlandish claims to avoid paying the taxes they owe. These are false arguments that the courts have consistently thrown out. While taxpayers have the right to contest their tax liabilities in court, no one has the right to disobey the law.
Falsely Claiming Zero Wages. Filing a phony information return is an illegal way to lower the amount of taxes an individual owes. Typically, scammers use a Form 4852 (Substitute Form W-2) or a “corrected” Form 1099 to improperly reduce taxable income to zero. Filing this type of return can result in a $5,000 penalty.
Disguised Corporate Ownership. Scammers improperly use third parties form corporations that hide the true ownership of the business. They help dishonest individuals underreport income, claim fake deductions and avoid filing tax returns. They also facilitate money laundering and other financial crimes.
Misuse of Trusts. There are legitimate uses of trusts in tax and estate planning. But some questionable transactions promise to reduce the amount of income that is subject to tax, offer deductions for personal expenses and reduced estate or gift taxes. Such trusts rarely deliver the promised tax benefits. They primarily help avoid taxes and hide assets from creditors, including the IRS.
For more on the Dirty Dozen, see IRS news release IR-2013-33.
Additional IRS Resources:
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