UGLY: NY State Going After Sprint (S)
The Market Ticker ® - Commentary on The Capital Markets
Posted 2012-04-19 11:07
by Karl Denninger
in Company Specific
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UGLY: NY State Going After Sprint (S)
 

Eek....  From the wire:

* New York files more than $300 million tax fraud lawsuit against Sprint Nextel Corp

* Ny attorney general eric schneiderman accuses Sprint of deliberately not collecting or paying millions of dollars of taxes for cellphone service

That's not good.  The state is seeking treble damages under the False Claims Act.

Details are not immediately available but it sounds like the State is alleging that Sprint did not "correctly" calculate and bill state telecommunications taxes for customers in New York.

I have no idea what the merits of this are, but the states tend to be pretty rapacious when it comes to anything related to sales and excise taxes.

Sprint's stock is off more than 6% straight down on the news of this suit.  If this suit has merit it's a very real and serious problem as this is not a small amount of money and if in fact the underbilling was deliberate it would call into question any argument that one would make about Sprint turning things around.

Discussion below (registration required to post)
 

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User Info UGLY: NY State Going After Sprint (S) in forum [Market-Ticker]
Avianphlu
Posts: 3954
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Gold A True American Patriot!
Ulster NY
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if this gets any traction whatsoever and if the other states attorney's pile on ... its a holy **** storm for earnings
Genesis
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Well the facts are not yet known and it may be state-specific. If it's not, well....

This is pretty serious stuff, especially when it's alleged they did it for competitive advantage reasons, which is where the treble damage claim comes from (the "willful" element.)

I find it amazing that they'd try this to be frank, but NY State clearly feels they have a case -- this sort of thing usually follows lots of nasty letters and phone calls, so it's likely NOT a surprise.

There's a disclosure problem for Sprint here too in that if they were aware of this pending and VERY material claim but didn't 8K it....

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I don't care if it makes sense -- only if it makes money. -- Me
Bank (n): See scam, fraud and theft. Eat a bankster -- they're low-carb.
What part of "shall not be infringed" was unclear?
Chuckmak
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f*************************************ck should i start looking for another pre-paid carrier?
Joejohns
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As posted a week or so ago, they are going DOWN and it's well deserved as they are as corrupt and dishonest as any bankster you can find.

IMHO of course!bwhhhaaaaaaa.

Trades50
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You can bet both the Federal and state taxing authorities are carefully looking at all corporate and individual taxes now because of the need for more revenue. I see it on the state and federal levels.

Their telling their departments to find more money.

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When the people fear the government, there is tyranny. When the government fears the people, there is liberty. - Thomas Jefferson
Genesis
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I dunno Chuck.

My kid is on Virgin and her account is assessed tax here in Florida; I pay it when I top up her account.

I'm not sure whether this is related to prepaid or postpaid customers. If it's prepaid then there's trouble and it's not Sprint-specific.

But if that's true it's also true for the other carriers who do the same thing (e.g. WalMart's offering Tracfone, etc) -- which is why I think this is POSTPAID contract billing they're referring to.

The issue here is that there's SALES TAX and then there's telecommunications tax. I'm looking for the complaint to see if I can figure out what they're alleging.

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I don't care if it makes sense -- only if it makes money. -- Me
Bank (n): See scam, fraud and theft. Eat a bankster -- they're low-carb.
What part of "shall not be infringed" was unclear?
Joejohns
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"You can bet both the Federal and state taxing authorities are carefully looking at all corporate and individual taxes now because of the need for more revenue. I see it on the state and federal levels."

GOOD, you are either for ENFORCING LAWS ON THE BOOKS OR YOU Are for ANARCHY.

SHame that attitude is not mainstream anymore. After all Sprint was not forced to do business in a state they did not wish to suffer the tax payment on.
Bagbalm
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Silly companies...you have license to******the sheep, not the over lords.
Uppity_peasant
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http://polhudson.lohudblogs.com/2012/04/....

Here's the Sprint complaint on Scribd:

http://www.scribd.com/doc/90164117/Sprin....

Boilerplate .gov thug threats in the complaint:

Quote:
...As a result, Sprint exposed these (New York) customers to the risk of having to pay the unpaid taxes, for they are also liable under the law if Sprint fails to pay.


Hey, today is the old Patriots' Day! (April 19), before Taxachusetts went back to its Royal roots and started the memory-wipe process for the 1775 Lexington & Concord dustups, back in the day.

Tar and feather an apparatchik today!

Wonder how many tons of SWAT they'd send for something like that?
Inline

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====
If it's true that "assault weapons" are "weapons of war" and don't belong on the streets of America, why do the police need them? Who are the police at war with?

Chuckmak
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I know I pay taxes when I re-up every month, I need to look to what kind of taxes and fees are but they just say "here are the taxes and fees" so I have to be paying taxes somewhere, but am not sure if the numbers add up correctly:

Phone Number:
(***)***-****
Re-Boost Amount:
$55.00
Sales Tax and Fees*:
$4.85
Total:
$59.85

Regardless, I have to keep an eye on this whole Sprint situation.
Uppity_peasant
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Trades wrote..
You can bet both the Federal and state taxing authorities are carefully looking at all corporate and individual taxes now because of the need for more revenue. I see it on the state and federal levels. Their telling their departments to find more money.


Trades, your corrupt, criminal, deadbeat, thieving Spawn of Mammon state really needs to find more money. I just looked over their March 2012 monthly revenue release and many of their revenue sources are imploding.

March 2012 PDF:
http://www.revenue.state.il.us/AboutIdor....


x= total monthly personal income FY 2011
y= total monthly personal income FY 2012

Mar 2011 Mar 2012

.03(x) = 1380.8; x = 46,027,000,000 .05(y) = 1486.9; y = 29,738,000,000


Yes, their revenue is "supposedly" WAY up, but they're killing their revenue sources. Public utility revenue (telecommunications, electricity & gas) are all down, signaling lesser usage. Motor fuels revenue is all down.

Individual income tax revenue, corporate income tax revenue & sales tax revenue are all up, but that's because they did a Viking raid on their taxvictims last year.

I can't wait to see the new fiscal year numbers from Illinois...




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====
If it's true that "assault weapons" are "weapons of war" and don't belong on the streets of America, why do the police need them? Who are the police at war with?

Trades50
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I see more cops than ever now setting up speed traps. Also local governments over here can boast about all the revenue they will rake in with red light cameras and speed cameras.

Tolls over here nearly doubled at on January 1. Quinn, Madigan and Cullerton always looking at ways to put more taxes on the books and have legalized theft.

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When the people fear the government, there is tyranny. When the government fears the people, there is liberty. - Thomas Jefferson
2dogs
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Joejohns wrote..
Trades50 wrote..
You can bet both the Federal and state taxing authorities are carefully looking at all corporate and individual taxes now because of the need for more revenue. I see it on the state and federal levels.


GOOD, you are either for ENFORCING LAWS ON THE BOOKS OR YOU Are for ANARCHY.
Um... NO. We got a letter from the IRS recently claiming we owed several thousands of dollars in additional taxes for 2010 on the gains from the 529 accounts we have for our kids. NO, WE SURE AS HELL DO NOT. Every penny and then some was spent on sending them to ridiculously overpriced state universities at $35k per year per kid.

Likewise, Tesla reported in another ticker that the IRS claimed she owed $1,200 because they say she didn't file her taxes in 2010 even though they cashed the check for the exact amount due that was included WITH the tax return sent via certified mail.

Trades50 is correct. They are literally making up bogus reasons to force tax slaves into paying more taxes than they really owe because they are desperate for more revenue.

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You can't defeat the combined effects of massive voter fraud, the Free **** Army, and the entire bought and paid for media complex. This nation is done.
Uwe
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Never ascribe to malice that which can be explained by simple incompetence.

The State of PA recently sent me a notice of correction which indicated I had overpaid several several kilobucks for 2010, so this stuff isn't necessarily all one sided.

-Uwe-

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“Whenever the legislators endeavor to take away and destroy the property of the people, or to reduce them to slavery under arbitrary power, they put themselves into a state of war with the people, who are thereupon absolved from any further obedience.” - John Locke
Peteb
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Sure...Sprint is measly serf level company compared to the king bank companies...

Go ahead, prosecute Sprint for $300 million while $300 billion of fraud from banks is overlooked...

Sprint is just too small to save.
Grace
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WHOA

The Attorney General seeks to ensure that Sprint -- and not its customers -- will be liable for any back taxes, and to empower Sprint's current New York customers to terminate their Sprint contracts without having to pay termination fees.

http://www.ag.ny.gov/press-release/ag-sc....

Grace
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SOUNDS PRETTY INTENTIONAL:
Right before deciding to underpay its taxes, Sprint concluded that this practice would position its calling plans as cheaper than competitors’ plans by $4.6 million per month, collectively, because of sales taxes not collected and paid.

WHISTLEBLOWER BONUS TIME !
The Office's investigation of Sprint began with a whistleblower lawsuit - also called a "qui tam" action– filed in New York State Supreme Court in Manhattan in March 2011, just after the Taxpayer Protection Bureau was created.
http://www.ag.ny.gov/press-release/ag-sc....

2dogs
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Uwe wrote..
Never ascribe to malice that which can be explained by simple incompetence.
Yeah, well I'm not as inclined to be so generous with an entity that has the authority to jail me for supposed nonpayment or drain my bank account first and fix their own mistakes later.

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You can't defeat the combined effects of massive voter fraud, the Free **** Army, and the entire bought and paid for media complex. This nation is done.

Trades50
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2dogs,

Your right. I know of a lot of people that were mailed letters from the IRS stating they need to pay thousands more for 2010. These people have always been careful that they paid the taxes. They were shocked by the letters and shake-down.

I think the Federal and state governments are starting to get desperate and are going into shake-down mode.

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When the people fear the government, there is tyranny. When the government fears the people, there is liberty. - Thomas Jefferson
Nuke_engineer
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Trades,

The automated collection service is working overtime. I hear this particularly for high-end professionals and entrepreneurs. On the other hand,corporate tax evasion may eclipse all personal taxes, but I guess they are protected by Obama and will certainly be protected by Romney as well.

Look at this comment

"Something's Rotten in IBM Dubuque"

http://www.cringely.com/2012/04/somethin....

DMCA Approved Excerpt:

Quote:
Whenever IBM has a big project they now have to bring in extra workers, usually from India. I have been told they plan the arrivals over several days to a few weeks. They route people through different airports. They make sure there are never more than two or three workers coming on the same flight, effectively avoiding notice by Homeland Security.

Are any of these people paying FICA or US income taxes? Good question. Why is IBM sneaking around? Better question.


I'm waiting for the state of NY and the IRS to go after these whales....

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Trading and investing is understanding about people, emotions and corruption of government, corporations, banks and people using propaganda, lies, mathematics and bankster logic working against you.
Ripley
Posts: 96
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Trader50, the IRS is doing a lot better job of matching 1099 and other income to the returns than in the past, and the "letter audit" is becoming more and more common. People shouldn't be afraid to state their position to the IRS, because more often than not, they will win.

The IRS saved me some money in 2008. I had blown off filing for the "Making Work Pay" tax credit because I didn't think that I would qualify. The letter that I received from them told me that they had adjusted my refund to take into account the "Making Work Pay" credit, and warned me that I would need to file Schedule M in 2009. Their revision letter, sent a few months later, wanted more tax because I had not declared $15 in dividends. I wrote back and explained that I thought that I had sold all of that stock in 2008, apologized for my error, and pointed out that even if I had declared the dividend, I would owe no additional tax because I had used the tax table to calculate my tax due. It gives a value for the tax in $50 increments of income.

It looks like they have broadened the range of items where they want to collect capital gains tax, based on how Schedule D has been revied for 2011.

Reason: corrected date
Vitchilo
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Sprint didn't pay their protection money...

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"Every normal man must be tempted at times to spit upon his hands, hoist the black flag, and begin slitting throats." -- H.L. Mencken
2dogs
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Ripley wrote..
Trader50, the IRS is doing a lot better job of matching 1099 and other income to the returns than in the past
Income? Yes. But universities issue 1098-T's that can also be matched. The IRS is neglecting to do so, even when the forms are included with the tax return.

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You can't defeat the combined effects of massive voter fraud, the Free **** Army, and the entire bought and paid for media complex. This nation is done.
Drjerry
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Seattle
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States are pulling this all over. Semi-local: Neighboring state of Oregon has no sales tax. A small operation mattress company in Oregon was just put out of business by Washington state. Washington claims people were buying mattresses and bedding from this store and transporting them to Washington and the store did not collect sales tax. They were attached for something like $1.9 million for uncollected taxes for the last 7 years. This was a small store run by a divorced woman.
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