View Full Version : OK Tax vs Myspace Ouch!



Karried
09-21-2008, 07:38 PM
MySpace boasting has turned into a $320,000 tax nightmare for five current and former University of Central Oklahoma students.

By Randy Ellis
Staff Writer

A youthful attempt to party their way to popularity and some exaggerated MySpace boasting have turned into a $320,000 tax nightmare for five current and former University of Central Oklahoma students


“This is crazy,” said Julius Baroi, co-founder of Kegheadz, a loosely organized Edmond-based party business. “The Tax Commission claims we owe more than $300,000. We don't have enough money between us to pay $6,000 to hire an attorney. They won't listen to us.”

Paula Ross, spokesperson for the Oklahoma Tax Commission, said she couldn't comment on an individual taxpayer's case.

Although the Tax Commission wants to tax Kegheadz like a million-dollar business, Kegheadz was really just a group of college guys who got together to throw parties, said Baroi, 29, and co-founder Jordan Glover, 23.

Overall, Baroi estimates Kegheadz only netted about $1,700.

Tax officials got the wrong idea because of embellishments on the Kegheadz MySpace Web site that boasted things like “Over a billion served,” “Biggest party in the state,” and “Biggest party in the country,” Glover said.

But that was just “exaggerated hype” designed to create a buzz and attract people to the parties, Glover said.

The group threw 22 parties in Edmond and Oklahoma City in 2006 and the first half of 2007, Baroi said.

The goal was to meet college women and hopefully make enough money to pay their personal bar tabs, Glover said.

“It wasn't a career choice,” he said. “The goal was to have fun in college. Being a cool guy was the main objective.... You'd think they could tell we weren't masterminds. We were just college students having fun and acting stupid.”

Baroi said his group operated Kegheadz by going to Edmond and Oklahoma City restaurants and businesses and persuading them to host college parties. Off- duty law enforcement officers were hired to provide security and prevent problems, he said.

Men were charged a $5 cover charge. Women were let in free.

“If a guy brought three or four girls, we'd let him in free, too,” Glover said.

Kegheadz paid building owners $100 to $800 from the cover charge and a disc jockey was paid $50 to $200. The building owner got to keep money received from bar sales. If there was money left over from the cover charge at the end of the night, it was split among the Kegheadz friends who had promoted the event, Baroi said.
He said from 60 to 275 people showed up for the 22 parties Kegheadz promoted. Baroi said he made a few hundred dollars on some events and lost money on others.

He said they never really thought about Kegheadz as a business, so they never filed any paperwork with tax officials.

“We're not denying that we threw parties and probably owe the Tax Commission something,” Baroi said.
But $320,000?


“That's ridiculous,” Glover said.
How did the Tax Commission arrive at such a high figure?
Baroi and Glover said when they met with tax officials, they were shown a huge stack of evidence that appeared to be page after page printed off the Kegheadz' MySpace Web site.
In the absence of business records, Tax Commission auditors apparently built their tax case around the statements made on the MySpace site, one of several Internet social networking sites the students used to promote their parties, Baroi said.
The former students said they were just having fun. Embellishing on social networking sites by college students is pretty much the norm, they said.
“People thought we were a lot bigger status than we were and we enjoyed people thinking that,” Glover said.
They just don't enjoy tax officials thinking that.
Documents given to the students by tax officials indicate auditors concluded Kegheadz hosted 108 events over a 4.5-year period and that their average paid attendance was 675.
Auditors estimated they had $919,506 in mixed beverage sales, from which they would owe $162,832 in mixed beverage tax, penalties and interest.
The Tax Commission also is trying to assess them $155,294 for sales tax, penalties and interest and $1,856 for tourism tax, penalties and interest.
Baroi said none of that makes any sense.
Kegheadz never received any money from mixed beverage sales, he said. That revenue went to venue operators.
The group only held 22 parties and never had close to 675 people attend any of them, Baroi said. That's counting women, who got in free, he said.
Baroi said Kegheadz stopped hosting parties after some of their later ones lost money.
An April 2007 party planned for the Oklahoma City Farmers Market turned into a disaster when the disc jockey couldn't get the sound system to work, and a November 2006 party at Midsouth Pro Wrestling went south when it was raided by the state Alcoholic Beverage Laws Enforcement Commission and Oklahoma City police, Baroi said.
Businessman Mike Crawford, 38, said all he did was sublease the Midsouth Pro Wrestling building to Kegheadz three times and now the Tax Commission is claiming he was part of Kegheadz and should share in the disputed $320,000 tax liability.
Baroi said Kegheadz was originally scheduled to argue its tax case Sept. 24, but has been given a delay until the last week in October.
“I think common sense will prevail,” Glover said. “But if there's any attorney out there who remembers what it was like in college and wants to give us some free help, we could sure use it.”
Glynda Chu, spokeswoman for the Edmond Police Department, said she didn't specifically remember Kegheadz, but college parties like the ones they hosted used to be a problem in Edmond because they often involved underage drinking. The parties dried up after Edmond adopted a social host ordinance and began arresting adults at parties where underage drinking was found, she said.

Karried
09-21-2008, 07:40 PM
MySpace bragging brings $320,000 tax bill to former, current UCO students | NewsOK.com (http://newsok.com/article/3300840/)

One thing bothers me... In the original tax bill.. the OKTax Commission is stating 675 college kids showed up.. and only about 80 drinks were sold ( if I'm reading this right)... there is no way that would happen ... what is your take on this?

Jon27
09-21-2008, 07:46 PM
MySpace bragging brings $320,000 tax bill to former, current UCO students | NewsOK.com (http://newsok.com/article/3300840/)

One thing bothers me... In the original tax bill.. the OKTax Commission is stating 675 college kids showed up.. and only about 80 drinks were sold ( if I'm reading this right)... there is no way that would happen ... what is your take on this?

Ok, I don't see how this can be good publicity for our state. Our Tax Commission uses MySpace to figure your tax bill. I guess you'd better not lie about your income on MySpace!!! When it says you make $30,000 - $45,000, you better watch out if you only make $30,000!! The Tax Commission will come after you for falsifying your taxes. Don't try to pick up women by saying you make more than you do! You may have an audit. Come on....

Midtowner
09-21-2008, 08:50 PM
This sounds more like a bureaucrat with his (or her) head up his (or her) ass. I would LOVE to see OTC's explanation for this whole thing. Sadly, I think they'll quietly drop the charges on these kids and you'll never hear another word -- definitely not an apology.

That said, I think the OTC is ramping up its vigilance online because of the fact that pretty much no one reports their internet purchases so that they may voluntarily submit themselves to the state's required excise tax (4%, I think).

I do find it a bit ridiculous, however, that OTC actually pays people to surf the web looking for things like this.

I may have been to a few parties using this format in my college days. As I recall, the door money mostly went to pay the DJ/security/restaurant rental while the restaurant actually staffed the bar and served drinks. I would assume the drink taxes (which make up the bulk of the OTC case) have already been paid by the restaurants.

What this seems to boil down to IMHO is a basic lack of understanding of how these things work. OTC's "auditors," quite frankly, look absolutely silly about now.

Jon27
09-21-2008, 08:55 PM
OTC's "auditors," quite frankly, look absolutely silly about now.

That's just what I thought when I read this on the FRONT page of today's paper! Tell me this didn't get a chuckle out of everyone who read it. I wouldn't be surprised if it's not on at least one 10 o'clock news cast sometime this week.

Hey, we don't have the money for I-40 so let's pay people to play on MySpace to look for tax bills! Great job guys!

Karried
09-21-2008, 09:19 PM
Here's a link to the actual breakdown from the OK Tax Commission...

I imagine this will be national news by tomorrow..

http://downloads.newsok.com/documents/kegz1.pdf

Oh GAWD the Smell!
09-21-2008, 09:24 PM
I imagine this will be national news by tomorrow..



It was on Fark a day or two ago.

kevinpate
09-22-2008, 08:32 AM
.oO(someone believed something written on a myspace page?)Oo.

kmf563
09-22-2008, 09:02 AM
How in the hell can you use Myspace to predict how much money you should make with your business?? That's insane. I deleted my business account from Myspace yesterday after reading this article. It's not worth the headache.

Midtowner
09-22-2008, 09:26 AM
How in the hell can you use Myspace to predict how much money you should make with your business?? That's insane. I deleted my business account from Myspace yesterday after reading this article. It's not worth the headache.

Just read the letters, I'm sure with your tax background that you understand that income received by someone else in their business incidental to someone else's business is only taxable to the person who actually had income.

Is sending letters like this without understanding the nature of the business SOP for the IRS? I can't imagine that it is.

Edmond_Outsider
09-22-2008, 09:52 AM
To be fair, the only evidence that OTC obtained any of thier info from Myspace is Baroi's unsubstantiated claims.

In a cash business, failure to keep proper records often results in similar tax problems.

This is not that novel a case when you compare it to others where tax cases are built on the public statements of the defendants.

This story is only notable because the defendants are making novel claims regarding the OTC's evidence.

It's reasonable to believe the defendants were bragging. It's in thier business interests to do so. Hype sells party tickets.

In this case, there appears just enough evidence to hang them but not enough to acquit.

Then again, we don't know what evidence the OTC has. They may have receipts for the defendant's Hummers bought with cash during the time in question.

This may in fact be the OTC's folly and it does seem, on the surface, a hard to swallow story. I don't know anything of Kegheadz business, but it's not completely unreasonable that a business of this type operating for 5 years could have made that much.

Oh GAWD the Smell!
09-22-2008, 10:35 AM
That's it! They're taxing the hype! It's a Republican move in advance of a possible Obama win. They'll tax ALL his hype and pay off the national deficit!

It's going to backfire though. He'll REALLY be seen as a savior at that point.

kmf563
09-22-2008, 10:47 AM
It is possible that they made millions and just don't want to pay taxes on it. It is also possible that they did just hype it up to make it look like they were making money. In any kind of organization/promotions/marketing self business it's all about word of mouth and results. The better you look, more successful you have been, and more publicity you get usually gets you more business. I have worked with some huge names in the music business and from all the shows booked, tours organized, and work I have done it would appear on myspace like I was raking in the dough. Not the case at all. But the more money it LOOKS like I am making, the more bands that want to use me and so on and so on. Of course I also would have the testimony from all the bands stating that most of my work is done for free. I'm not paying taxes on donating my time. I pay too much as it is. I hate taxes. I don't even want to go there.

jsibelius
09-22-2008, 10:48 AM
How in the hell can you use Myspace to predict how much money you should make with your business?? That's insane. I deleted my business account from Myspace yesterday after reading this article. It's not worth the headache.

Of course, it's still out there... cached by Google. Once it's on the internet, it lives forever.

oneforone
11-11-2008, 04:08 AM
The one lesson everyone should learn from this is keep your big mouth shut. Excessive bragging does nothing more than bring you a life full of problems.