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Some states authorize religious leaders to hold property and conduct their activities
in what is known as a corporation sole, but tax benefits are available only for
organizations that qualify as religious or charitable organizations under the Internal
Revenue Code. The complaint alleged that Benham falsely told customers they
could treat their corporations sole as a “church” with no tax return filing
requirement, and yet control and use its assets and income for their personal
benefit.
The court’s order requires Benham to provide copies of the injunction to his
customers and to give the government a list of customers’ names, addresses, phone
numbers, and Social Security Numbers. Corporation sole tax scams are included in
IRS’s annual list of the “Dirty Dozen” tax scams
http://www.irs.gov/newsroom/article/0,,id=136337,00.html The Justice Department
has obtained permanent injunctions against a number of people who sell
corporation-sole scams. Examples are found at
http://www.usdoj.gov/tax/txdv06587.htm, http://www.usdoj.gov/tax/txdv05657 and
http://www.usdoj.gov/tax/txdv05030.htm.
Since 2001 the Justice Department’s Tax Division has obtained more than 210
injunctions to stop the promotion of tax fraud schemes and the preparation of
fraudulent returns. Information about these cases is available at
http://www.usdoj.gov/tax/taxpress2006.htm. Information about the Justice
Department’s Tax Division is available at http://www.usdoj.gov/tax/index.html.
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