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Kroger Pays Tax Settlement in Fraud Probe

Kroger Co. here took millions of dollars in deductions through what was revealed to be a bogus tax shelter, federal authorities said.

Jon Springer, Executive Editor

December 3, 2009

1 Min Read
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JON SPRINGER

CINCINNATI — Kroger Co. here took millions of dollars in deductions through what was revealed to be a bogus tax shelter, federal authorities said.

According to U.S. Department of Justice, Kroger claimed more than $178 million in loss deductions between 2002 and 2004 through a tax shelter known as the Sale Leaseback of Tenant Improvements Strategy (SLOTS), causing more than $64 million in tax losses to the Internal Revenue Service. Kroger was not aware of the scheme, according to federal authorities, who said the fraudulent tax shelter was implemented and marketed by TransCapital Corporation, an investment company in Northern Virginia, to corporate clients of the KPMG tax firm, including Kroger. The retailer, which was not available for comment Wednesday, reportedly paid a settlement to the IRS.

Michael Parker, who was chief operating officer of TransCapital, pleaded guilty to conspiracy charges Tuesday. Earlier this year, an alleged accomplice, Jon Flask, also of TransCapital, and Daryl Haynor, a tax partner of KPMG, were indicted on charges of defrauding the IRS and for obstructing and impeding the administration of IRS revenue laws.

According to Parker’s plea agreement, between 1998 and 2006 various companies claimed tax deductions worth more than $240 million through SLOTS. Authorities said the SLOTS tax shelter and related transactions were nothing more than devices to disguise and conceal other financing transactions.

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About the Author

Jon Springer

Executive Editor

Jon Springer is executive editor of Winsight Grocery Business with responsibility for leading its digital news team. Jon has more than 20 years of experience covering consumer business and retail in New York, including more than 14 years at the Retail/Financial desk at Supermarket News. His previous experience includes covering consumer markets for KPMG’s Insiders; the U.S. beverage industry for Beverage Spectrum; and he was a Senior Editor covering commercial real estate and retail for the International Council of Shopping Centers. Jon began his career as a sports reporter and features editor for the Cecil Whig, a daily newspaper in Elkton, Md. Jon is also the author of two books on baseball. He has a Bachelor of Arts degree in English-Journalism from the University of Delaware. He lives in Brooklyn, N.Y. with his family.

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