Oh, The IRS Woke Up?
The Market Ticker ® - Commentary on The Capital Markets
Posted 2011-04-28 08:00
by Karl Denninger
in Foreclosuregate
Ignore this thread
Oh, The IRS Woke Up?
 

What have I been writing about for ..... a couple of years now?

(Reuters) - The Internal Revenue Service has launched a review of the tax-exempt status of a widely-held form of mortgage-backed securities called REMICs.

The IRS confirmed to Reuters that the review comes in response to mounting evidence that banks violated tax requirements by mishandling the transfer of mortgages to REMICs, short for Real Estate Mortgage Conduits.

You mean, for instance, like evidence that the trust never actually got the so-called loans (until, in some cases, they wanted to foreclose on them of course)?

Oh, and the penalty, as I've noted?

But if the IRS concludes that the REMIC investments failed to comply with strict requirements in the federal tax code, the REMIC would have to pay a 100 percent tax on the income from those investments.

That means that the IRS could confiscate the full amount. Tax law experts said the REMICs also could be subjected to additional penalties for failing to file tax returns on the income.

Hold on to your seats on this one folks....

Incidentally, this was one of my 2011 predictions.....

"Someone" will pry open the REMICs in MBS-land for at least private-label deals and fun will ensue.  Don't be long big banks when it happens.  The wheels of justice turn slowly, but they do turn and I believe 2011 will be the year when the logjam breaks. This, incidentally, is the one prediction that in my opinion is the highest-risk - the banks know this bomb is ticking and will try to defuse it through some sort of backdoor deal.  I don't think they'll get it done - the lawyers smell blood and there's too much money to be made taking bites out of some very fat cats. If I'm right there will be at least one burnt offering made - probably BAC - and, if it comes at the wrong time, it won't stop there.   If this gets going in the middle of a broad market sell-off Lehman will look like a cake walk.

Heh heh heh.....  I wonder if the fine folks over at the IRS read The Ticker, or if this is simply a manifestation that despite knowing all about this for years they've been run by bankster stooges (like Geithner) and, up until they got backed up against a wall on revenues, they were willing to overlook the little formalities that conferred tax passthrough status......

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Digitlman
Posts: 331
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Gotta make up tax revenue somewhere since we're not collecting Jack **** from GE.
Gillianx
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The whitewashes are coming thick and fast.
Again my prediction: no harm will come to any of the TBTF banks from this. Someone else is going to have to pay baby!
Digitlman
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In related news: "Exxon Mobil's first-quarter profit surges 69% to $10.7 billion due to higher oil and natural gas prices."

How's about we stop giving these ****ers tax breaks? How about that, IRS?
Dashingdwl
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Banks pay up? NEVER. Someone might, but not the TBTF banks.

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Wis/min
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Quote:
How's about we stop giving these ****ers tax breaks? How about that, IRS?
The IRS has no power to issue "tax breaks"

Let's get rid of all tax breaks for everyone.
Pika-steph
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Quote:
"The IRS is aware of questions in the market regarding REMICs and proper ownership of the underlying mortgages as set out in federal tax law, and is actively reviewing certain aspects of this issue."

The statement said the IRS would not make any further comment. An IRS spokesman declined to say anything about the extent of the review, or whether the agency is likely to take action.

The review, however, is a sign that the widespread bank misdeeds in home foreclosure cases are spilling over to threaten the interests of investors in mortgage-backed securities. The banks originated the mortgages and packaged them into securities.


ORLY? If there's a problem with the 'ownership' of the mortgages under tax law, there's a problem with the ownership of the mortgages under both contract law and property law, thus, the IRS's assertion here, also goes to prove that this was never a 'paperwork snafu' - and further, is evidence that not only were investors screwed, homeowners were screwed.

Oh, the irony. The nemisis of all American citizens, the IRS, may turn out to be the agency that is most authoritative as to the level of fraud perpetrated on them by the banks.

Oh, and this is the sort of thing I've been looking for since the U$D has been threatening to collapse in disorderly fashion. It's possible this is the avenue by which Bernanke 'defends' the dollar without stopping QE. You guys who think this won't 'harm' the TBTF banks aren't looking at this through Bernanke's eyes.

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J0nx
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You know who's going to pay. Look here.

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Bertdilbert
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It was not a box of chocolate covered dog turds, it was just an empty box after all...

Will this take the focus off the "deadbeat homeowner"?

I assume our lackluster SEC will have to address this in addition to the IRS which will end up being another trust expense. Defrauded investors comes to mind.

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C130gunship
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You nailed this one KD, congratulations! I think BOA will be the first bank turd flushed.
Larrtarr
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according to nakedcapitalism....

http://www.nakedcapitalism.com/2011/04/i....

the president has asked them to "see no evil"?
Weezie
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Quote:
Oh, the irony. The nemisis of all American citizens, the IRS, may turn out to be the agency that is most authoritative as to the level of fraud perpetrated on them by the banks.


Indeed, the enemy of our enemy is our friend.


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Onelegged
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Yet another small fine and no admission of guilt on its way. Scamerica lives.

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Etz
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Lobbying and corruption will insure this never happens.

Go savvy businessmen!

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Lowbeyond
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Quote:
Indeed, the enemy of our enemy is our friend.


Meh. The IRS will still remain a bunch of goose stepping jack boots of the government. **** them

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Maybe it was a birdy bread-bomber from the future?!
Damnitalready
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I foresee a "fine without admitting anything" kinda outcome.
Binney
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This is very interesting... admittedly, I don't quite understand the vehicle. How are these REMICs bought and sold?

My fear will be that the IRS imposes penalties and the the owners will have to pay (likely my (and your)state worker pension money - so I'll have to make that whole through tax dollars). Then the owners won't be able to sue the bank that sold it
Quote:
At least for some REMICs, though, prospects for suing the banks may be limited. April Charney, a Florida legal aid attorney and leading expert on mortgage backed securities and foreclosures, said that the agreements establishing the REMICs specify strict time limits for investors to sue the banks for any deficiencies in turning over promised mortgages.


Can anyone give an example of a REMIC? I'd like to understand this...

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Tesla
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The IRS let Turbo Timmy skate for just a few $$; anybody else would have been looking at a criminal prosecution for tax fraud. Why would Turbo screw the banks this way, his favored recipients of taxpayer largesse ?

Think like a criminal...or a politician (but I repeat myself...). It's silly season and time to shake the tree for campaign contributions. The word is the banks have been donating to the GOP as the potential frontrunners; anyone not think the Dems are going to do a little reminding they're in the game too ?

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Genesis
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Remic = all mbs

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What part of "shall not be infringed" was unclear?
Binney
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All Mortgage backed securities receive tax exemption on their income??? holy crap! that is every state's pension system, plenty of private retirement money, too.

I'm gonna say this is a big UH-OH!! Karl, what are your thoughts on the ultimate bagholders??? Us???

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Leapfrog
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This is MOST EXCELLENT news! I have been harping about REMICs/tax fraud to anyone who is forced to listen. I have also done my "patriotic duty" and notified the IRS at least a dozen times on this issue. I do wonder how the banksters will try to weasel out of it and how their CONgress lackeys will try to whitewash the massive REMIC fraud though. It will be interesting to watch as the saga unfolds.
Imustbenutz
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Quote:
"But IF the IRS concludes that the REMIC investments failed to comply"


If the IRS lawyers are anything like the SEC lawyers, they will do nothing to jeopardize their future employment opportunities.

IMHO - this will result in just another non-judicial slap on the wrist with no admission of guilt.
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Nevertoolate
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IRS is under the direct control of the Sec. of the Treasury. I would love to see it happen, but I think it will get buried and they will all look the other way.

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Steelhead23
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From folks I know who have come to blows with the IRS - they take enforcement very seriously. Thus, the institutional nature or the IRS would be to pursue this and seek restitution and back taxes. IRS is not SEC. Because investigation/prosecution would undermine the WH policy of protecting TBTFs, it is very likely that the WH would prefer that IRS not pursue this matter.
http://www.nakedcapitalism.com/2011/04/i....
If there is correspondence between the White House and IRS headquarters regarding how enforcement of REMIC rules are to be carried out, that should be public information, available through a FOIA request. However, the WH is savvy and it is likely that such policy direction was provided without documentation. I basically agree, the WH has been acting as a TBTF bank protection racket. If allowed to conduct business below the radar of public scrutiny, they will whitewash these violations. WE must insist that these violations be thoroughly investigated and prosecuted as required by law. If the WH wishes to pursue its racket, let them do so in the broad light of day.

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