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NY bagel maker charged with tax evasion

November 19, 2009

H-h-bagels-nyc (2) H&H
Bagels
, bakers of what Zagat once called iconic bagels,
now has a new, and
unwelcome, claim to fame (or infamy).

New York City alleges that the bagel company's
owner, Helmer Toro, is a tax cheat.

Manhattan District Attorney Robert Morgenthau has charged
Toro with pocketing more than $369,000 in income
and other taxes that were withheld from employees' paychecks. Toro also
allegedly set up shell
companies to game the unemployment insurance tax system out of another
$33,000.

Toro pled not guilty to the charges and was released from
custody. If convicted, he could face up to 15 years in prison and hundreds of thousands of dollars in fines.

I doubt this latest bit of unwanted recognition will go up on the
company's Web page that boasts:

H&H Bagels has been featured on numerous television shows and movies.
Most recently H&H appeared on NBC's 'Seinfeld' and on the feature film You
ve got Mail starring Tom Hanks and Meg Ryan. Other television shows that have
featured H&H include NBC 'Friends', Saturday Night Live, and L.A. Law, CNN,
Good Morning America, ABC Wide World of Sports, USA Network US Open and many,
many more.

What about H&H employees? In cases where taxes are withheld but not paid by the employer who's been collecting them, the workers don't have to worry.

The money has come out of their checks, so technically they have paid them. When it comes time to file returns, these workers should go ahead and count those withheld amounts as taxes paid.

In many such cases, however, employers who don't remit their workers' payroll taxes also don't send their employees correct, or any, W-2 forms. Heck, if the company's not going to worry about sending money to the IRS or the state revenue department, why would they mess with sending out tax statements to mere workers?

If you don't get a W-2 you can create a substitute document to submit with your federal return by filling out Form 4852. Check with your state revenue department for its acceptable replacement W-2 filing material. State tax offices usually will accept the federal replacement document.

Form 4852 is just one page, with an attached page of instructions that walk you through the W-2
re-creation process. Use your final pay stub to determine your withholding amounts.

Then submit the form with your tax return.

One word of warning, though. Filing a Form 4852 instead of an
original W-2 may delay your refund while the IRS verifies the
information you provided.

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TAX-SAVVY WAYS 
TO WRAP UP 2026

It’s over! With October’s extended filing deadline behind us, it is now time to focus on year-end moves to reduce your 2026 tax bill. 

You’ll find ways to do just that on the Tax Tips page (see the More Tax Posts drop-down menu at the top of the blog), as well as the separate tax tip pages for each month, notably October through December. If you’re on the Tax Tips page, you’ll find a monthly list at the end of this column. If you’re on another blog page, you can head straight to the October tips; at the bottom of that tips page you’ll find links to all the other 11 months’ collections of tax advice.

Not to spoil what you’ll find in that tax advice, but it does cover such things as tax deductions for charitable donations, investment moves that could reduce tax due, and ways to max out your tax-favored retirement savings. 

Finally, as the year winds down, things get hectic. There are lots of other things to occupy our time, like the much more fun upcoming holidays. But don’t lose sight of taxes, since timing is key. To be of use, most tax moves must be made by the end of the tax year. That’s Thursday, Dec. 31, which also is the last business day of the year. 

So that you don’t miss that final tax year deadline, also keep an eye on the countdown clock below. It will keep you on top of just how much time is left to make important, tax-saving moves. (Note: I’m in the Central Time Zone, so adjust accordingly for where you live.)

Comments
  • Kay,
    If you want I’d be happy to send you a dozen lol
    Seriously though, I wonder of the NYSBA is going after those attorneys who created the shell companies! Or if the NYSCPA will go after the CPAs who put in the returns

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