The U.S. District Court for the Southern District of Florida issued a permanent injunction against Miami area tax return preparer Aniel Saint-Hilaire. The injunction bars Saint-Hilaire from acting as a return preparer, preparing tax returns or advising others in the preparation of tax returns, investing in or receiving fees from a tax return preparation business, or working in or consulting with a tax return preparation business.
According to the Magistrate Judge’s Report and Recommendation Saint-Hilaire filed federal income tax returns using other return preparer’s PTINs. The Magistrate Judge also determined that Saint-Hilaire prepared federal income tax returns that understated taxpayers’ liabilities, including by fraudulently claiming deductions for unreimbursed employee business expenses, fuel tax credits, Residential Clean Energy credits, and Health Savings Account deductions.
The District Court Judge adopted the Report and Recommendation on these points and entered the permanent injunction requested by the United States. The District Court found that 59% of the returns Saint-Hilaire prepared claimed these fictitious items and ordered Saint-Hilaire to disgorge to the United States $571,739.47 in ill-gotten gains that represent 59% of his net return preparation fees.
Deputy Assistant Attorney General Joshua Wu of the Civil Division’s Tax Litigation Branch made the announcement. Tax Litigation Branch attorneys Jeremy A. Rill and Hana Bilicki (no longer with the Branch) handled this matter.
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 10 tips to avoid tax season fraud and ways to safeguard their personal information.
In the past decade, the Department of Justice 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 on this page