Court Permanently Enjoins Miami Tax Return Preparers, Orders Them to Pay Disgorgement
The U.S. District Court for the Southern District of Florida issued a permanent injunction yesterday against Miami tax return preparer Niclas Pierre, and his tax return preparation business, Niclas Tax and Express Inc. The court also issued a permanent injunction against Elius Bessard and his tax return preparation business, Bessard Immigrations and Tax Services LLC.
The injunctions bar Pierre and Bessard from preparing tax returns, working for or owning a tax preparation business, assisting others to prepare tax returns or transferring a list of customers. The court also ordered Pierre to pay $563,000 and Bessard to pay $208,000 in ill-gotten gains received from their return preparation businesses. Pierre and Bessard each agreed to both the injunction and the order to pay.
The complaint alleged that Pierre and Bessard prepared returns for customers that claimed various false or fabricated deductions and credits, including fabricated residential energy credits, false and fraudulent deductions and inflated business expenses. According to the complaint, Pierre and Bessard each prepared over a thousand tax returns for customers over the past six years.
Deputy Assistant Attorney General David A. Hubbert of the Justice Department’s Tax Division made the announcement.
Taxpayers seeking a return preparer should remain vigilant against unscrupulous tax preparers. The IRS has information on its website for choosing a tax return preparer and has launched a free directory of federal tax preparers. The IRS also offers guidance on the credentials and qualifications that taxpayers should seek from their return preparer.
In the past decade, the Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers. Information about these cases is available on the Justice Department’s website. An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found this page. If you believe that one of the enjoined persons or businesses may be violating an injunction, please contact the Tax Division with details.
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