Many clients have contacted us regarding the discharge of taxes in bankruptcy,
offers in compromise and installment agreements with IRS and recently penalties
assessed by IRS.
The IRS offers 3 types of penalty relief:
1. Reasonable Cause-this appears to be our best chance to abate penalties
2. Administrative Waiver and First Time Penalty Abatement
3. Statutory Exception for example a taxpayer got bad advice from IRS
Reasonable cause is relief we may grant when a taxpayer exercises ordinary business care and prudence in determining
their tax obligations but is unable to comply with those obligations due to circumstances beyond their control.
Reasonable Cause is based on all the facts and circumstances in your situation.
The IRS will consider any reason which establishes that you used all ordinary business care and prudence to meet your
Federal tax obligations but were nevertheless unable to do so.
Typical fact patterns involving reasonable cause for failure to file a tax return, make a deposit, or pay tax when due include:
1. Fire, casualty, natural disaster or other disturbances
2. Inability to obtain records
3. Death, serious illness, incapacitation or unavoidable absence of the taxpayer or a member of the taxpayer’s immediate family
Jim Shenwick, Esq. has an LLM in Taxation from New York University Law School
Thursday, December 19, 2019
Friday, December 06, 2019
The Epic Rise and Hard Fall of New York's Taxi King from the New York Time
The Epic Rise and Hard Fall of New
York's Taxi King
By Brian M. Rosenthal
.
Dec. 5, 2019
Evgeny A. Freidman in his garage in Long Island City, Queens. Sasha Maslov
The man known as the Taxi King arrived at his 2014 holiday party in a $384,000 Ferrari, wearing a custom Italian suit. He told the guests
whom he had invited to an upscale Manhattan club - including executives, politicians and celebrities - that he had flown in from SaintJean-
Cap-Ferrat, a town in the French Riviera where he owned two villas.
Five years later, that man, Evgeny A. Freidman, stood in a mostly empty courtroom in Albany, N.Y., as a judge sentenced him to probation
for tax fraud. In a hushed voice, he said he had lost everything.
"I'm trying to be remorseful and understanding for anybody I might have harmed;' he told the judge at the hearing in October. "I'm very
humbled by what has happened."
For more than a decade, New York taxi industry leaders got rich by creating a bubble in the market for the city permits, known as
medallions, that allow people to own and operate cabs.
In several articles this year, an mvest1gat10n by I he New York limes found that government officials stood by as mdustry leaders
artmciio~tiji\laAe~~$Uiffia§atr!d5:hanneled immigrant drivers into loans they could not afford to purchase the permits. The lea(iers
reaped hundreds of millions of dollars before the bubble burst, wiping out thousands of buyers who are still mired in debt today.
And no one embodies the glittery rise, unfettered recklessness and spectacular collapse of the industry more than Mr. Freidman.
A Russian immigrant and a cabdriver's son who got his nickname by building the city's biggest fleet, Mr. Freidman was a primary
architect of some of the tactics used to build the bubble, according to records and interviews. At the height of the market, he had
accumulated $525 million in assets. He befriended the filmmaker Spike Lee, the baseball star Mo Vaughn and Mayor Bill de Blasio. His
outsize antics and lavish spending often landed him on Page Six, the New York Post's gossip column.
As a generation of cabdrivers became trapped in overwhelming debt, Mr. Freidman created offshore trusts that protected some of his
money when the bubble burst, records show. While his business partners lost millions because of his tax fraud, Mr. Freidman avoided
prison by cooperating with a federal investigation into one of his partners, Michael D. Cohen, President Trump's former lawyer.
"He hurt so many people in so many different ways;' said David Pollack, the former head of the Committee for Taxi Safety, an association
of fleet owners that once included Mr. Freidman. "Your headline could be: 'The man who brought down the taxi industry.'"
Mr. Freidman did not respond to repeated requests for comment. Government officials declined to answers questions on why they did not
intervene sooner.
This account is based on interviews with more than 20 of Mr. Freidman's former associates and a review of thousands of pages of court
records and other documents.
Mr. Freidman is now cooperating with prosecutors who started investigating the taxi industry after The Times published its series this
year on the exploitative tactics that drove medallion prices to soar past $1 million by 2014 from $200,000 in 2002. He has met with them
three times so far.
'I'm in , you 'r e out'
Mr. Freidman, 49, who is known as Gene, likes to portray himself as a scrappy fighter who rose from first-generation immigrant to
multimillionaire solely through his wits and fists.
But like everything involving Mr. Freidman, the reality is more complicated.
He was born in St. Petersburg, Russia, in 1970, an only child. Six years later, his family emigrated to New York, he has said in interviews.
His father, who Mr. Freidman said had been a thermonuclear engineer, got a job as a cabdriver but soon began buying medallions and
building a fleet, records show.
Mr. Freidman attended the Bronx High School of Science, Skidmore College and Cardozo Law School. Afterward, he has said, he moved to
Russia to work in private investing.
Mr. Freidman has said in speeches that he returned to the United States in 1996 at the request of his father, who had become a successful
and respected fleet owner. During the flight home, he crafted a plan to use what he learned in Russia to revolutionize the taxi industry.
His idea was straightforward: He wanted the industry to take more risks to increase profits.
Specifically, Mr. Freidman has said he wanted lenders to allow medallion purchasers to borrow more money, with smaller down payments
and longer repayment periods. Former associates said he believed this strategy would allow him and others to buy more medallions,
enable lenders to increase profits and, mostly, drive up medallion values. He believed that would spur more purchases, more loans, more
profits and even higher medallion values.
"I walked in and took over;' he later recalled. "I told my dad, 'I'm in, you're out.'"
Prominent - and polarizing
Mr. Freidman was 26. He was cocky, but he needed help. He turned to the small nonprofit that had lent to his father, Progressive Credit
Union, and its chief executive, who had become a family friend, Robert Familant.
Between 1997 and 2004, Progressive's loans enabled Mr. Freidman to buy about 100 medallions to expand his fleet, according to city
records and former associates.
At the same time, Mr. Freidman became a licensed broker and helped some drivers purchase medallions, mostly using loans from
Other industry leaders used similar tactics. But few were as aggressive as Mr. Freidman.
More Mr Freidman's success emboldened others, and helped encourage lenders to push low-income
drivers to take on massive loans to buy medallions.
"He changed the market:' said Ira Goldstein, a former chief of staff at the city commission that oversees the industry. "People copied him,
and it affected everybody, including the driver-owners."
Mr. Familant did not respond to requests for comment.
As Mr. Freidman expanded his fleet, he became increasingly prominent - and polarizing.
To his allies, Mr. Freidman was charming and passionate, with a perspective that improved a long-stagnant industry. He put his fleet in
several neighborhoods, making it more accessible for his drivers. He worked long hours. He embraced energy efficiency, becoming the
first to use hybrid cabs.
Others saw him as vindictive and vulgar. Lawsuits have accused him of cheating his drivers, clients and partners. Last year, he was
ordered to pay $1.3 million to an assistant who sued him for sexual harassment. On his desk, he kept a snow globe sprouting a middle
finger.
The highest bidder
Mr. Freidman unleashed his most radical idea on June 16, 2006, at an auction where the city sold new medallions.
At the time, a medallion cost $350,000 on the private market, according to a Times analysis. But at the auction, Mr. Freidman and his
associates bid $477,666.50 apiece.
They won all 54 medallions sold.
The results reshaped the small medallion market. In effect, Mr. Freidman single-handedly had increased the value of all medallions,
including ones he had owned for years - and also increased prices for everyone, making it harder for drivers to buy without enormous
loans.
Years later, Mr. Freidman admitted he had intentionally overpaid to inflate the values of medallions he owned. He said in a 2012 speech
that he used the values to persuade lenders to loan him more money.
"I would bid crazy prices. People would look at me like I'm crazy, and I wouldn't care:' he said, "because I would look at the prices and say,
'This is market value."'
Mr. Freidman repeated the strategy at three other auctions, records show. In all, he bought more medallions at auctions than anyone else
in city history.
Riches and power
The medallion bubble turned Mr. Freidman into a remarkably rich man.
His fleet had about 900 of the city's 13,587 medallions. Most were owned by others who charged him a fee for the right to operate their cabs
and keep the profits. He personally owned about 250 permits, and at the height of the market, each was worth $1.3 million, although they
were mortgaged, records show.
Mr. Freidman knew the prices would not last, according to five former associates. So he used the medallions as collateral to borrow money
that he invested elsewhere.
He bought 20 commercial properties, records show. He opened locations of a French whimsical pajama store in New York, Arizona,
California, Georgia and Washington state. He acquired medallions in Chicago and Philadelphia, helping to spike prices in those cities.
He bought a 4,000-square-foot townhouse on Manhattan's Upper East Side, an estate in the Hamptons and a condo in Chicago, in addition
to the French villas.
He also invested in politics. He donated to former Representative Anthony Weiner's 2013 mayoral campaign and to Mr. de Blasio. Later, he
bragged to associates that Mr. de Blasio placed one of his friends at the taxi commission.
Mayoral spokeswoman Freddi Goldstein rejected that notion. "Any suggestion that we hired anyone at his request is a blatant lie;• She said that "The mayor ceased contact with Gene Freidman as soon as he realized he was a bad guy."
Mr. Freidman also began managing Mr. Cohen's medallions. They became friends; during Mr. Freidman's divorce.
Several of Mr. Freidman's former associates said as he became wealthier, he stopped paying his debts.
During the bubble, when Mr. Freidman was worth millions, he was sued or otherwise accused of failing to fully pay his drivers, employees,
clients, partners, lawyers, contractors, landlords, lenders, an accountant and a car dealer as well as child support payments, association
dues, insurance premiums and taxes.
Between 2013 and 2016, the state ordered him to pay nearly $1.5 million for cheating drivers. But he has failed to fulfill that order, too,
records show.
The aftermath
Now that the bubble has burst, Mr. Freidman is awash in lawsuits and eviction notices.
A judge ruled in 2016 that he transferred more than $60 million into trusts in Belize, Nevis and the Cook Islands in order to avoid paying
creditors. Mr. Freidman had defended the transfers as part of estate planning. "It is impossible to conclude that the timing of the transfers
is merely coincidence;' the judge wrote in ordering the trusts to pay the creditors.
The tax fraud case, filed in 2017, involved two surcharges collected by cabs that Mr. Freidman owned and ones he managed for others: a
50-cent fee for regional transit improvements, and a 30-cent fee for more wheelchair-accessible taxis.
Officials initially accused Mr. Freidman of pocketing more than $30 million.
But after agreeing to cooperate against Mr. Cohen, he ultimately repaid $1 million to the state and $826,000 to the city. In addition to five
years of probation, he had to exit the industry and authorize officials to seek $4 million more in the future. (Mr. Cohen is now serving a
three-year sentence for campaign finance violations and other crimes.)
"He no longer has any involvement whatsoever in taxi operations in New York City. He's done;• said Allan J. Fromberg, a spokesman for
the city Taxi and Limousine Commission.
The city and the state have also demanded millions from the owners who entrusted medallions to Mr. Freidman's fleet, even though they
did not know about the scheme or benefit from it. The taxi commission did not respond to questions about the collections. The state
attorney general's office, which prosecuted the tax fraud case, declined to comment, citing its ongoing investigation into the industry.
"It's unbelievable;' said one owner, Robert Rosen, 72.
Mr. Rosen, who said he committed his medallion to Mr. Freidman because he knew his father, lost $30,000. "The things the government
has let this crook get away with. It's shocking!'
Susan Beachy contributed research.
York's Taxi King
By Brian M. Rosenthal
.
Dec. 5, 2019
Evgeny A. Freidman in his garage in Long Island City, Queens. Sasha Maslov
The man known as the Taxi King arrived at his 2014 holiday party in a $384,000 Ferrari, wearing a custom Italian suit. He told the guests
whom he had invited to an upscale Manhattan club - including executives, politicians and celebrities - that he had flown in from SaintJean-
Cap-Ferrat, a town in the French Riviera where he owned two villas.
Five years later, that man, Evgeny A. Freidman, stood in a mostly empty courtroom in Albany, N.Y., as a judge sentenced him to probation
for tax fraud. In a hushed voice, he said he had lost everything.
"I'm trying to be remorseful and understanding for anybody I might have harmed;' he told the judge at the hearing in October. "I'm very
humbled by what has happened."
For more than a decade, New York taxi industry leaders got rich by creating a bubble in the market for the city permits, known as
medallions, that allow people to own and operate cabs.
In several articles this year, an mvest1gat10n by I he New York limes found that government officials stood by as mdustry leaders
artmciio~tiji\laAe~~$Uiffia§atr!d5:hanneled immigrant drivers into loans they could not afford to purchase the permits. The lea(iers
reaped hundreds of millions of dollars before the bubble burst, wiping out thousands of buyers who are still mired in debt today.
And no one embodies the glittery rise, unfettered recklessness and spectacular collapse of the industry more than Mr. Freidman.
A Russian immigrant and a cabdriver's son who got his nickname by building the city's biggest fleet, Mr. Freidman was a primary
architect of some of the tactics used to build the bubble, according to records and interviews. At the height of the market, he had
accumulated $525 million in assets. He befriended the filmmaker Spike Lee, the baseball star Mo Vaughn and Mayor Bill de Blasio. His
outsize antics and lavish spending often landed him on Page Six, the New York Post's gossip column.
As a generation of cabdrivers became trapped in overwhelming debt, Mr. Freidman created offshore trusts that protected some of his
money when the bubble burst, records show. While his business partners lost millions because of his tax fraud, Mr. Freidman avoided
prison by cooperating with a federal investigation into one of his partners, Michael D. Cohen, President Trump's former lawyer.
"He hurt so many people in so many different ways;' said David Pollack, the former head of the Committee for Taxi Safety, an association
of fleet owners that once included Mr. Freidman. "Your headline could be: 'The man who brought down the taxi industry.'"
Mr. Freidman did not respond to repeated requests for comment. Government officials declined to answers questions on why they did not
intervene sooner.
This account is based on interviews with more than 20 of Mr. Freidman's former associates and a review of thousands of pages of court
records and other documents.
Mr. Freidman is now cooperating with prosecutors who started investigating the taxi industry after The Times published its series this
year on the exploitative tactics that drove medallion prices to soar past $1 million by 2014 from $200,000 in 2002. He has met with them
three times so far.
'I'm in , you 'r e out'
Mr. Freidman, 49, who is known as Gene, likes to portray himself as a scrappy fighter who rose from first-generation immigrant to
multimillionaire solely through his wits and fists.
But like everything involving Mr. Freidman, the reality is more complicated.
He was born in St. Petersburg, Russia, in 1970, an only child. Six years later, his family emigrated to New York, he has said in interviews.
His father, who Mr. Freidman said had been a thermonuclear engineer, got a job as a cabdriver but soon began buying medallions and
building a fleet, records show.
Mr. Freidman attended the Bronx High School of Science, Skidmore College and Cardozo Law School. Afterward, he has said, he moved to
Russia to work in private investing.
Mr. Freidman has said in speeches that he returned to the United States in 1996 at the request of his father, who had become a successful
and respected fleet owner. During the flight home, he crafted a plan to use what he learned in Russia to revolutionize the taxi industry.
His idea was straightforward: He wanted the industry to take more risks to increase profits.
Specifically, Mr. Freidman has said he wanted lenders to allow medallion purchasers to borrow more money, with smaller down payments
and longer repayment periods. Former associates said he believed this strategy would allow him and others to buy more medallions,
enable lenders to increase profits and, mostly, drive up medallion values. He believed that would spur more purchases, more loans, more
profits and even higher medallion values.
"I walked in and took over;' he later recalled. "I told my dad, 'I'm in, you're out.'"
Prominent - and polarizing
Mr. Freidman was 26. He was cocky, but he needed help. He turned to the small nonprofit that had lent to his father, Progressive Credit
Union, and its chief executive, who had become a family friend, Robert Familant.
Between 1997 and 2004, Progressive's loans enabled Mr. Freidman to buy about 100 medallions to expand his fleet, according to city
records and former associates.
At the same time, Mr. Freidman became a licensed broker and helped some drivers purchase medallions, mostly using loans from
Other industry leaders used similar tactics. But few were as aggressive as Mr. Freidman.
More Mr Freidman's success emboldened others, and helped encourage lenders to push low-income
drivers to take on massive loans to buy medallions.
"He changed the market:' said Ira Goldstein, a former chief of staff at the city commission that oversees the industry. "People copied him,
and it affected everybody, including the driver-owners."
Mr. Familant did not respond to requests for comment.
As Mr. Freidman expanded his fleet, he became increasingly prominent - and polarizing.
To his allies, Mr. Freidman was charming and passionate, with a perspective that improved a long-stagnant industry. He put his fleet in
several neighborhoods, making it more accessible for his drivers. He worked long hours. He embraced energy efficiency, becoming the
first to use hybrid cabs.
Others saw him as vindictive and vulgar. Lawsuits have accused him of cheating his drivers, clients and partners. Last year, he was
ordered to pay $1.3 million to an assistant who sued him for sexual harassment. On his desk, he kept a snow globe sprouting a middle
finger.
The highest bidder
Mr. Freidman unleashed his most radical idea on June 16, 2006, at an auction where the city sold new medallions.
At the time, a medallion cost $350,000 on the private market, according to a Times analysis. But at the auction, Mr. Freidman and his
associates bid $477,666.50 apiece.
They won all 54 medallions sold.
The results reshaped the small medallion market. In effect, Mr. Freidman single-handedly had increased the value of all medallions,
including ones he had owned for years - and also increased prices for everyone, making it harder for drivers to buy without enormous
loans.
Years later, Mr. Freidman admitted he had intentionally overpaid to inflate the values of medallions he owned. He said in a 2012 speech
that he used the values to persuade lenders to loan him more money.
"I would bid crazy prices. People would look at me like I'm crazy, and I wouldn't care:' he said, "because I would look at the prices and say,
'This is market value."'
Mr. Freidman repeated the strategy at three other auctions, records show. In all, he bought more medallions at auctions than anyone else
in city history.
Riches and power
The medallion bubble turned Mr. Freidman into a remarkably rich man.
His fleet had about 900 of the city's 13,587 medallions. Most were owned by others who charged him a fee for the right to operate their cabs
and keep the profits. He personally owned about 250 permits, and at the height of the market, each was worth $1.3 million, although they
were mortgaged, records show.
Mr. Freidman knew the prices would not last, according to five former associates. So he used the medallions as collateral to borrow money
that he invested elsewhere.
He bought 20 commercial properties, records show. He opened locations of a French whimsical pajama store in New York, Arizona,
California, Georgia and Washington state. He acquired medallions in Chicago and Philadelphia, helping to spike prices in those cities.
He bought a 4,000-square-foot townhouse on Manhattan's Upper East Side, an estate in the Hamptons and a condo in Chicago, in addition
to the French villas.
He also invested in politics. He donated to former Representative Anthony Weiner's 2013 mayoral campaign and to Mr. de Blasio. Later, he
bragged to associates that Mr. de Blasio placed one of his friends at the taxi commission.
Mayoral spokeswoman Freddi Goldstein rejected that notion. "Any suggestion that we hired anyone at his request is a blatant lie;• She said that "The mayor ceased contact with Gene Freidman as soon as he realized he was a bad guy."
Mr. Freidman also began managing Mr. Cohen's medallions. They became friends; during Mr. Freidman's divorce.
Several of Mr. Freidman's former associates said as he became wealthier, he stopped paying his debts.
During the bubble, when Mr. Freidman was worth millions, he was sued or otherwise accused of failing to fully pay his drivers, employees,
clients, partners, lawyers, contractors, landlords, lenders, an accountant and a car dealer as well as child support payments, association
dues, insurance premiums and taxes.
Between 2013 and 2016, the state ordered him to pay nearly $1.5 million for cheating drivers. But he has failed to fulfill that order, too,
records show.
The aftermath
Now that the bubble has burst, Mr. Freidman is awash in lawsuits and eviction notices.
A judge ruled in 2016 that he transferred more than $60 million into trusts in Belize, Nevis and the Cook Islands in order to avoid paying
creditors. Mr. Freidman had defended the transfers as part of estate planning. "It is impossible to conclude that the timing of the transfers
is merely coincidence;' the judge wrote in ordering the trusts to pay the creditors.
The tax fraud case, filed in 2017, involved two surcharges collected by cabs that Mr. Freidman owned and ones he managed for others: a
50-cent fee for regional transit improvements, and a 30-cent fee for more wheelchair-accessible taxis.
Officials initially accused Mr. Freidman of pocketing more than $30 million.
But after agreeing to cooperate against Mr. Cohen, he ultimately repaid $1 million to the state and $826,000 to the city. In addition to five
years of probation, he had to exit the industry and authorize officials to seek $4 million more in the future. (Mr. Cohen is now serving a
three-year sentence for campaign finance violations and other crimes.)
"He no longer has any involvement whatsoever in taxi operations in New York City. He's done;• said Allan J. Fromberg, a spokesman for
the city Taxi and Limousine Commission.
The city and the state have also demanded millions from the owners who entrusted medallions to Mr. Freidman's fleet, even though they
did not know about the scheme or benefit from it. The taxi commission did not respond to questions about the collections. The state
attorney general's office, which prosecuted the tax fraud case, declined to comment, citing its ongoing investigation into the industry.
"It's unbelievable;' said one owner, Robert Rosen, 72.
Mr. Rosen, who said he committed his medallion to Mr. Freidman because he knew his father, lost $30,000. "The things the government
has let this crook get away with. It's shocking!'
Susan Beachy contributed research.
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