No Cheat Codes for the IRS: Video Game Developer Goes to Jail for Tax Fraud

Video game developer David Rushton is going to spend six months in jail for tax evasion.  This is certainly quite a change in Rushton’s circumstances: he’d been a successful video game developer, working on Street Fighter II: Hyper Fighting, Tiger Woods PGA Tour 2005, and other well regarded titles.

What went wrong? David Rushton started his own company in 2005, which grew to employ over 200 people.  He then failed to file his tax returns for the next two years.   Additionally, he filed phony W-2s that generated fraudulent returns. The Utah Tax Commission investigated, and it was game over for David Rushton.

Filing Late Tax Returns

David Rushton failed to file state tax returns for two years.  He’s not alone.  Many people miss state and federal tax filings, with absolutely no intention of ever breaking the law.  Filing a return gets forgotten, or postponed, and suddenly a year’s gone by. Then another year passes, and another.  People delay addressing the issue because they don’t know where to start.

Unfortunately, a serious problem can develop while you’re trying to figure it out. Failure to file state and federal tax returns carries serious criminal penalties.

It’s always better if you find solutions to your tax problems before the tax authorities let you know there’s a problem.  Don’t wait for the state tax department or the IRS to contact you about your unfiled tax returns. Start solving the problem right away. If you are in the same situation, here’s a few things you need to know:

  • You have the right to file an original return, no matter how late it is!
  • Late returns often receive special scrutiny from the tax authorities.
  • It is prudent to have qualified professional assistance when filing late tax returns — particularly if you’re going back a number of years.

Don’t file late tax returns on your own.  Work with a licensed tax professional to make sure your interests are protected.

Anguished 30 Year Retailer Avoids MA DOR Seizure And Bank Foreclosure

Henry was at the end of his rope. Mounting pressure from his bank to pay the delinquent balance of his business loan was beginning to become unbearable. He had already obtained two extensions on his loan. They were not going to wait much longer before foreclosing on his business. The MA Department of Revenue was also growing impatient and was about ready to seize his business in order to pay off nearly $50,000 in back taxes. Many corporate excise, sales, and withholding tax returns also needed to be filed. A loan application with a new lender to refinance and pay off his current bank loan was in danger of being rejected due to the state tax liens on his business and personal property. Without that new loan, he would be unable to pay off his current loan and avoid both a bank foreclosure and seizure by the MA DOR. Since he had also personally guaranteed the business loan and was held personally responsible by the MA DOR for the delinquent state taxes, he would lose all of his personal property as well. At age 54, he would have to start all over again and it would be difficult at best to obtain gainful employment after being out of the employment market for 30 years. He was at a loss as to what to do and called us for help. Our firm worked to submit any unfiled tax returns and then negotiated an installment agreement with the MA DOR for the delinquent taxes. This stabilized his tax situation and gave us time to work out the loan problem. Next, our firm negotiated with the MA DOR to obtain priority for the new lender’s mortgage over their state tax liens. As a result, the new loan was approved, the old loan was paid off, the MA DOR received $30,000 towards the delinquent taxes, and Henry’s 30 year old business was saved. The balance of nearly $20,000 in taxes would be paid off over the next 12 months ending his financial and emotional ordeal. Henry was given a new lease on life.