Washington

In an identity theft scam, a fraudster, often posing as a trusted government, financial or business institution or official, tries to trick a victim into revealing personal and financial information, such as credit card numbers and passwords, bank account numbers and passwords, Social Security numbers and more. Generally, identity thieves use someone’s personal data to steal his or her financial accounts, run up charges on the victim’s existing credit cards, apply for new loans, credit cards, services or benefits in the victim’s name and even file fraudulent tax returns.

The scams may take place through e-mail, fax or phone. When they take place via e-mail, they are called “phishing” scams.

The IRS does not discuss tax account matters with taxpayers by e-mail.

The IRS urges consumers to avoid falling for the following recent schemes:

Making Work Pay Refund

This phishing e-mail, which claims to come from the IRS, references the president and the Making Work Pay provision of the 2009 economic recovery law. It says that there is a refundable credit available to workers, consumers and retirees that can be paid into the recipient’s bank account if the recipient registers their account information with the IRS. The e-mail contains links to register the account and to claim the tax refund.

In reality, most taxpayers receive their Making Work Pay tax credit, which was designed for wage earners, in their paychecks as a result of decreased tax withholding, not as a lump sum distribution from a federal fund. Additionally, consumers and retirees who are not wage earners are not eligible for this tax credit.

Inherited Funds / Lottery Winnings / Cash Consignment

In this phishing scheme, recipients receive an e-mail claiming to come from the U.S. Department of the Treasury notifying them that they will receive millions of dollars in recovered funds or lottery winnings or cash consignment if they provide certain personal information, including phone numbers, via return e-mail. The e-mail may be just the first step in a multi-step scheme, in which the victim is later contacted by telephone or further e-mail and instructed to deposit taxes on the funds or winnings before they can receive any of it. Alternatively, they may be sent a phony check of the funds or winnings and told to deposit it but pay 10 percent in taxes or fees. Thinking that the check must have cleared the bank and is genuine, some people comply. However, the scammers, not the Treasury Department, will get the taxes or fees.

Form W-8BEN

In this scam, fraudsters modify a genuine IRS form, the W-8BEN, Certificate of Foreign Status of Beneficial Owner for United States Tax Withholding, to request detailed personal and financial information. This could include nationality, passport number, bank account and PIN numbers, spouse’s name and mother’s maiden name, or other personal or financial information or security measures for financial accounts. The scammers may use the genuine form number and name or may make up a new form number, such as W-4100B2.

They either e-mail or fax the form or letter. If only a letter, the letter itself contains the request for the personal and financial information. The letter, which claims to come from the IRS, states that the recipient will face additional taxes unless he or she quickly faxes the required information to the number provided by the scammer.

In reality, taxpayers file the genuine Form W-8BEN with their financial institutions, not with the IRS. Additionally, the genuine W-8BEN does not request the taxpayer’s passport number, bank account number, security or similar information.

Refund Scam

The bogus e-mail, which claims to come from the IRS, tells the recipient that he or she is eligible to receive a tax refund for a given amount. It instructs the recipient to click on a link contained in the e-mail to access and complete a form for the tax refund. The form requires the entry of personal and financial information. The refund scam is the most common one seen by the IRS. Several recent variations on this scam have claimed to come from the Exempt Organizations area of the IRS. Some others have included the name and purported signature of a genuine or a made-up IRS executive.

Taxpayers do not have to complete a special form to obtain a refund. Taxpayer refunds are based on the tax return they submit to the IRS.

How to Spot a Scam

Many e-mail scams are fairly sophisticated and hard to detect. However, there are signs to watch for, such as an e-mail that:

• Requests detailed or an unusual amount of personal and/or financial information, such as name, SSN, bank or credit card account numbers or security-related information, such as mother’s maiden name, either in the e-mail itself or on another site to which a link in the e-mail sends the recipient.
• Dangles bait to get the recipient to respond to the e-mail, such as mentioning a tax refund or offering to pay the recipient to participate in an IRS survey.
• Threatens a consequence for not responding to the e-mail, such as additional taxes or blocking access to the recipient’s funds.
• Gets the Internal Revenue Service or other federal agency names wrong.
• Uses incorrect grammar or odd phrasing (many of the e-mail scams originate overseas and are written by non-native English speakers).
• Uses a really long address in any link contained in the e-mail message or one that does not start with the actual IRS Web site address (www.irs.gov). To see the actual link address, or url, move the mouse over the link included in the text of the e-mail.

What to Do

The IRS does not initiate taxpayer contact via unsolicited e-mail or ask for personal identifying or financial information via e-mail. If you receive a suspicious e-mail claiming to come from the IRS, take the following steps:

• Do not open any attachments to the e-mail, in case they contain malicious code that will infect your computer.
• Do not click on any links, for the same reason. Also, be aware that the links often connect to a phony IRS Web site that appears authentic and then prompts the victim for personal identifiers, bank or credit card account numbers or PINs. The phony Web sites appear legitimate because the appearance and much of the content are directly copied from an actual page on the IRS Web site and then modified by the scammers for their own purposes.
• Contact the IRS at 1-800-829-1040 to determine whether the IRS is trying to contact you.
• Forward the suspicious e-mail or url address to the IRS mailbox , then delete the e-mail from your inbox.

Genuine IRS Web site

The only genuine IRS Web site is IRS.gov. All IRS.gov Web page addresses begin with http://www.irs.gov/. Anyone wishing to access the IRS Web site should initiate contact by typing the IRS.gov address into their Internet address window, rather than clicking on a link in a browser window or e-mail message.

Tennessee State Capitol Building

On Thursday, the Tennessee House passed House Joint Resolution 0019, as amended, onto the Senate, by a 53-40 vote. The resolution calls for a study of the financial impact of legal gambling, not related to a state lottery, upon tax revenue collections of Memphis, Shelby County and Tennessee.

The resolution was introduced by Rep. Larry Miller, District 88 and amended by Rep Fitzhugh, District 82. The amended resolution calls for the Tennessee Advisory Commission on Intergovernmental Relations (TACIR) and the University of Memphis conduct the study and report findings to the general assembly not later than January 1, 2010.

The resolution now awaits action in the state senate.

Senator Kurita and Tim Barnes presented opening and closing statements before fielding questions from panel members Frazier Allen, Britney Campbell and Jay Abertia.

In the opening statements, Kurita, who has a nursing background, said that she has worked to bring services to seniors in their homes. She has worked for expansion of the HOPE lottery scholarship to include older ages, has supported tax relief for disabled vets and a freeze on taxes for low income seniors.

Barnes said that he has been led to this challenge in order to serve the public. He doesn’t believe in cutting ‘back room’ deals to serve his own needs, implying that Kurita was working toward a bid to become governor. He’s mindful of not losing the confidence of friends and cited his loyalty, caring attitude and responsiveness to people.

In wrapping up their statements, Kurita said that she “helps people.” Barnes said he’s “a work horse rather than a show horse.”

To the question of what should the State of Tennessee provide during both good and bad economic times, Kurita answered with ‘health care, education, jobs, balanced budget and no new taxes.’ Barnes said that we must maintain our roads as well as health care, insuring those who are uninsurable, and education.

Barnes cut into Kurita, saying that she did not vote for a #9 lottery scholarship bill which would have helped more people get scholarships. Kurita stomped on that comment, charging that Barnes was deliberately misinforming people. She said a bipartisan bill was passed that gave more to scholarships and if he “had done his homework” he would know that.

They both said they stand for health care and education. Barnes cited Kurita as taking money from the Lottery to build energy efficient schools. She said yes, she did and added that the payoff will come back to the city from that. She also favored extending the lottery to include older people returning to school.

How to deal with illegal aliens? Barnes: Get the Feds to do their job. Kurita: I have a serious problem with just wishing it on the Feds. Stiffen fines on people who hire them. Documentation and tax paying should be required of all working peoples.

Kurita said she has a bipartisan track record. Gridlock stops us whereas civil conversations that is open to all solutions help us solve problems. Barnes said there’s a time and place for compromise; one needs to look for solutions. Some things shouldn’t be compromised, but relationships should be maintained.

Stance on income tax?

Barnes: On the record for opposing a State Income tax. It does not draw businesses here. Kurita: On the record as opposing a State Income tax. She has been under a lot of pressure to vote for one but her district made it very clear that they did not want one. She said she is a strong enough fighter and can resist it.

Energy resource question. Barnes: invest in ethanol; it will boom our economy 10-15 years down the road.

Kurita: (deep breath) Energy resources are a most important issue. She is the only Senator chosen to serve on the Governor’s energy resources task force. Get off of fossil fuels, use the Manhattan project. Use switch grass and woodchips here in TN. Why buy from foreign countries who hate us? There is a UT lab and another lab that is almost there with technology for us to use.

Kurita values energy resources, health care and education.

Barnes values education. And expanding the police force, which Kurita voted against.

Barnes: Work closely with local officials and market this area. Businesses need to know about our great schools and transportation. Change the limit of what we can pay on marketing.

Kurita: I changed that law this year; if you would have researched, you would have known. Develop the school system, get energy initiatives. We need to shine.

Energy incentives

Kurita. Tax rebate for purchasing programmable thermostats. Achieve independence in energy conservation. Barnes. At $4.00 a gallon for gas people are at the end degree that they can be squeezed. People will have to carpool. The State government cannot impact the cost of oil and gas. Take personal steps to conserve.

How will you stay in touch with your district?

Barnes: That’s the biggest complaint I hear about Kurita. My cell phone number is 931-801-3298. I will talk to you.

Kurita: That is an outrageous implication. We have helped 12,000 people. I call people personally. I hold town hall meetings; I run surveys in the paper. The things I have done are things that people tell me they want done.

For the state of TN Kurita has worked on disease awareness, greenways and hiking trails. For schools that have no recess she wants to increase physical activity to 45 minutes a day in elementary and middle schools. She’s behind public service ads about obesity and the danger of smoking and non-seatbelt use.

Barnes: Public schools have no recess? That’s news to me. Agrees that we need physical activities. He is in triathlons. He wants grants for more athletics.

A priority for Barnes is more money for APSU. He lives and sleeps with a lobbyist for APSU (his wife who teaches there).

Kurita: She goes to APSU and works in classes with students. Good jobs are increased by good education. She got the non-traditional scholarships for more students.

Kurita said the economy is weighing on people. We get good jobs through education. Takes a team to fix health care and she is involved civically in the community.

Barnes said people are worried about paying $4.00 a gallon for gas. The government can’t fix this problem. Say yes to college, it is the hope for better jobs.

How to keep seniors in their homes?

Barnes: In home health care, he pushed it 2 years ago.

Kurita: That’s a step we’ve already taken. Have to have good bookwork for these things. Real health care also involves helping with things like house cleaning. We have done it. This was the year it happened.

Do you vote? Kurita: Yes, consistently. Barnes did not vote for President in 2000. Why not?

Barnes: I don’t recall that. I’m interested in politics; if I missed that year I don’t recall and defer to Rosalind. Kurita was stopped mid saying, you don’t remember if you voted for President of the US?

Should the school lottery be used for anything else?

Barnes: Kurita used lottery money to build energy efficient schools. Should have put that money into students.

Kurita: I voted to use Lottery money to build geothermal schools. The long term savings is that utility bills will stay low and we have efficient schools. We are building one school a year.

Closing:

Barnes: I see the sunrise from my porch. I can’t take credit for making the sunrise. I see that kind of credit taking from my opponent. Voting for something is not the same as making it happen. I think she is ostracized by her own party. I think you should represent your own democratic constituency.

Kurita: I went to a town hall meeting in Erin where a Grandmother pleaded with me to help her injured army grandson to be sent here to Ft. Campbell. They were not able to help him where he was. My office did that for them. I work hard for people. My opponent throws hideous accusations about me, yet as an attorney he gets drunk drivers out of court and back on the road. He helps wife beaters get off scot free. Reevaluate this as you judge us. I have done my job; I take care of people. I am bipartisan. I listen to you.

Early voting is from July 18 through August 2

Before leaving the building I said hello to Senator Kurita. From first hand experience, I witnessed her handing over checks to Port Royal to help its Trail of Tears site, Dunbar Cave for interpretation and Wounded Warriors, a scuba diving group that helps wounded soldiers. She is pushing for the state to have more fuel efficient automobiles. She is high on the conservation evaluation of her.

I also said hello to Tim Barnes and his wife. Mrs. Barnes said that she works in the English Department at APSU. I was shocked that I have never met her before, but realized it is because I have never run into her at events run by the Center of Excellence for the Creative Arts. This center brings in authors and artists as speakers to APSU.  *see my comments below.

Going to my car I met Maria and Charlie Butler who said they are totally against Kurita because she passed the no smoking bill in TN. Since then Maria has lost a lot of customers in her 12-year-old business, Maria’s Wagonwheel.

House GOP leaders pleased with Supreme Court verdict upholding lethal injection

House GOP leaders said this week that they were pleased with the opinion issued by the U.S. Supreme Court in the Baze vs. Rees case that upheld the use of lethal injection as a means of execution. In a 7-2 ruling Wednesday, the Supreme Court held that Kentucky’s three-drug protocol did not amount to cruel and unusual punishment.

In September of 2007, U.S. District Judge Aleta Trauger ruled that Tennessee’s method of lethal injection was unconstitutional. Soon after, Governor Phil Bredesen issued a moratorium pending the outcome of the death penalty case facing the U.S. Supreme Court. As a result, two executions were put in jeopardy of not being carried out. Pervis T. Payne was scheduled to be executed on December 12, 2007, for two counts of murder stemming from a brutal stabbing he committed in Shelby County. Mass-murderer Paul Dennis Reid gunned down seven victims execution style, killing more people than anyone else on Tennessee’s death row, and drawing seven death sentences.

The Republican leaders pointed out that by the time a criminal in this state reaches the point of execution, they have been afforded every opportunity—appeals, access to lawyers, and judicial review—to ensure that their rights are properly carried out and protected. The leaders called for the Governor to lift the moratorium and carry out the executions as planned, adding that the justice a jury of their peers determined should be administered.

Ninety-six inmates reside on death row in the state of Tennessee, with the  next execution scheduled to take place in April of 2009.

Immigration provision killed on House floor

House Republicans attempted to add a commonsense immigration provision to a bill before the House on Thursday. The Republican-sponsored amendment would have clarified that employers are able to require that their employees speak English on the job. The move sparked outrage on the other side of aisle, and the amendment was killed, with a 51 to 46 vote.

Earlier this year, Republicans introduced legislation that would have enacted the “Protecting English in the Tennessee Workplace Act.” The bill, similar to that of Senator Lamar Alexander’s legislation on the federal level, specified that it is not an unlawful practice to require an employee to speak, or an applicant for employment to agree to speak, English while engaged in work. The sponsor argued that it was not unreasonable to protect businesses by clarifying that they are allowed to set their own policies, and that requiring that English be spoke on the job often boils down to a safety precaution. He cited businesses where employees are continuously handling toxic products or food containers, or in factories, where critical safety information is displayed in English. The bill eventually failed in the Employee Affairs subcommittee.

Long Term Care proposals moving forward

Republicans have been at the forefront of legislation to help elderly and disabled citizens “age in place” by receiving more home and community based care options — and generally to give them more choices about their health care.  This week marked the passage of House Bill 941 out of Health and Human Resources Committee, legislation that would offer financial allowances to consumers, giving them the freedom to choose which services they want within their spending plans.

The program began as a demonstration in Arkansas, Florida, and New Jersey. Currently, 12 more states are implementing self-directed personal care programs. Findings of a demonstration project jointly supported by the U.S. House and Human Services and the Robert Wood Johnson Foundation showed that recipients with disabilities who direct their own supportive services were significantly more satisfied and appeared to get better care than those receiving services through homecare agencies.

Another piece of legislation championed by Republicans for several years was rolled into an Administration’s bill and passed unanimously in the House this week. The bill encourages personal responsibility by rewarding those who purchase long term care insurance. Currently, to receive state dollars for long term care, participants are required to “spend down” their assets—sometimes losing family heirlooms or land. House Bill 4206 would allow those types of assets to be retained, dollar for dollar, to equal the amount of a long term care  insurance purchase, rewarding the participants and allowing them more freedom.

• House Bill 2750 passed out of Finance, Ways and Means this week and is making its way to the House floor. The bill would authorize a governing body to use electronic forms of communication that would be available to the public in an effort to solve some of the problems associated with the dust-up over the Sunshine Law in Knoxville. The sponsor said he believes that with technology expanding the way people communicate, using this technology could solve some of the problems with the Open Meetings Act.
• House Bill 1421, the “Competitive Cable and Video Services Act,” passed out of the Commerce Committee this week and is headed to Finance, Ways and Means. The Senate bill is moving forward as well, with legislators having announced last week that a compromise was finally reached on the legislation after nearly two years of negotiations.
• Two DUI bills saw passage this week, as Republican lawmakers continue their efforts to strengthen the state’s DUI laws. House Bill 831 requires a judge to impose on a DUI offender certain conditions such as participation in an alcohol and drug safety school, or a drug and alcohol assessment or treatment. House Bill 3661 would create within the TBI a “Repeat DUI Offender” registry of persons who have two or more DUI convictions and whose license is currently suspended or revoked. The registry would be available on the Internet, similar to the way sexual offender information is provided.
• The much-anticipated spring Sales Tax Holiday is approaching, and will occur April 25-27, 2008. The date, originally set for March 21-23 on Easter weekend, was changed by the General Assembly in order for consumers to enjoy the full three days of tax-free items. Consumers and retailers can call (800) 342-1003 Monday through Friday 8 a.m. to 5 p.m. or visit www.state.tn.us/revenue/salestaxholiday for more information.

• House Bill 2484 exempts places of worship from posting of signage to indicate nonsmoking enclosed areas as required by the Non-Smoker Protection Act. (Agriculture Committee)
• House Bill 3602 creates a statewide board of building appeals. (Commerce Committee)
• House Bill 3807 requires a utilization review of medical services in workers’ compensation cases to be done by a physician licensed in Tennessee in the same specialty as the physician providing the services. (Consumer & Employee Affairs Committee)
• House Bill 4029 creates a pilot program to make laptops available to juniors and seniors attending high school who are also enrolled in college courses at the eligible postsecondary institutions. (Education Committee)
• House Bill 2876 creates a Class D felony for fifth and subsequent DUI offenders with a minimum 360 consecutive day sentence; counts all convictions within 10 years of DUI date when calculating prior offenses and includes convictions of vehicular assault, vehicular homicide while intoxicated, and aggravated vehicular homicide. (Finance, Ways and Means)
• Senate Joint Resolution 0687 provides for the popular election of the lieutenant governor. (State & Local Government Committee)
• House Bill 2513 requires the Tennessee lottery corporation to use numbered balls in selecting lottery winners. (State & Local Government Committee)
• House Bill 2860 creates a presumption when determining the amount of bail that any defendant not lawfully present in the United States is a risk of flight; requires jailers to determine citizenship status of persons charged with a felony or with a second or subsequent DUI. (Budget Subcommittee)
• House Bill 2903 requires the general appropriations act to first fund K-12 education and then remaining functions of state government. (Budget Subcommittee)

One might believe I am only referring to the plight of the blacks. That is far from the truth. Throughout the history of the United States, there were servants of all ethnicities and both genders.

I make this statement as a prelude for my response to Leaf Chronicle editorial (12.31.07). The editorial addressed the division of funds generated by the Tennessee Lottery to fund the HOPE Scholarship program. The apparent position of the writer was that anyone who can not maintain at least a 3.0 grade point average doesn’t deserve a chance to achieve a college education. Let me remind that writer that there have been presidents of this country who had less than a 3.0 GPA, and some who had no formal education at all.

The Tennessee Lottery was enacted as be a carrot for those children and their families who are not financially capable of providing an upper level education for their children. Basically, it was enacted as a beacon of hope to the underserved population of our communities.

Although we (humanity) can be quick to condemn individuals who look and act differently from the way we’ve been taught, it serves no purpose to deny our children an education simply because they failed to meet a standard we arbitrarily set.

Setting the GPA at 3.0 is simply a means of establishing a permanent underclass within our society. In other words, as long as we have those who cannot meet our standards, we will have the workforce that can be preyed upon to do the menial tasks we choose not to do.

In 2005, our state legislators voted to sanction a lottery system to generate funds for use in assisting our youth in the realization of the American dream: “an opportunity to acquire a college education.” With our approval, Tennessee was moving in the direction of becoming an inclusive state. Modeling the lottery after the neighboring states of Georgia and Kentucky, officials put in place a program that would soon become a catalyst to help the state’s disadvantaged children become productive citizens.

Lately, a growing trend is focused on taking away this beacon of HOPE. There are those who feel the monies collected as a result of enacting the Tennessee Lottery could be used for other purposes. According to the Leaf Chronicle opinion, building schools should be one of those alternatives.

The writer of the editorial surmised that a child who maintains less than a 3.0 GPA is not worthy of receiving support from the HOPE Scholarship Fund. This position, I believe, is based on personal bias and ingrained indignation for the child who is struggling to get out of a cold bed in the morning, dress him- or herself and make it to the bus stop because they hope a better day is just over the horizon.

That horizon includes the Tennessee HOPE Scholarship, established to give deserving children a means of divesting themselves of the drab conditions they are forced to survive in each day of their lives. To these children, HOPE means they do have a chance to do better; they can strive to work for employers that will pay them more than minimum wage. It means not having to live from paycheck to paycheck. It means being able to afford to buy fruits and vegetables, having a real family, being able to afford medical insurance for themselves and their families, being able to provide dental care for themselves and their family, owning a nice car and being able to afford the fuel and maintenance required to maintain it, owning versus renting the house they reside in, and allowing them to build a retirement fund to be left to their children and their children’s children upon their demise. Believe it or not, ALL of these quality of life elements require an education.

Americans that I respect have vision, integrity, and pride. Let us stop stereotyping those who are less fortunate than we are and start encouraging our youth to reach for the stars. Simply put—Lets keep the HOPE in the Hope scholarship program.