Our Blog

THE TAX COURT ISSUES A REMINDER THAT YOU CANNOT COMPROMISE CRIMINAL TAX RESTITUTION by Robert S. Horwitz

In most cases in which a person pleads guilty to a tax-related crime in federal district court, the U.S. Attorney’s Office will require him to agree that the district court can order the payment of restitution to the IRS for the years for which he pleads guilty plus any years constituting relevant conduct. Following conviction […] Read More…

Read More

It’s the Holidays – Say “Thank you” to Santa IRS-CI. By Robert S. Horwitz

The IRS recently gave unexpected Chanukah and Christmas presents to tax cheats and other assorted ne’er do wells. The present came from an unexpected source, Criminal Investigation (CI), in the form of CI’s 2015 Annual Report, released at the beginning of December, in time for holiday shopping. All you need to know about the current […] Read More…

Read More

No Contest Clause Did Not Defeat Annual Exclusion Gifts by Krista Hartwell

Section 2503(b) of the Internal Revenue Code provides the annual exclusion, which excludes from taxable gifts the first $10,000 (adjusted for inflation) of “present interest” gifts. The current annual exclusion amount is $14,000. Crummey v. Comm’r, 397 F.2d 82 (9th Cir. 1968) supplies the rule for present interest gifts in trust. In order to have […] Read More…

Read More

Section 481: What Is a Change in Accounting Method and What Is Not? by LACEY STRACHAN

Section 481 provides that where a taxpayer’s taxable income for a tax year is computed under a method of accounting different from that previously used, an adjustment will be made to prevent amounts from being duplicated or omitted solely by reason of the change in accounting method.[i]  Section 481 applies regardless of whether the change […] Read More…

Read More

If you don’t pay your taxes, you not be able to travel by ROBERT S. HORWITZ

Thinking of vacationing outside the United States when you owe the IRS money?  Think again. Congress recently enacted Fixing America’s Surface Transportation (“FAST”) Act, which President Obama signed into law on December 4.  Section 32101 of the Act (which is almost 500 pages in length) adds sec. 7345 to the Internal Revenue Code.  It is […] Read More…

Read More

National Institutes on Criminal Tax Fraud and Tax Controversy, December 9-11

ABA 2015 National Institute on Criminal Tax Fraud and Tax Controversy, December 9-11, Encore Hotel, Las Vegas. We are closing in on a full house for the ABA 2015 National Institute on Criminal Tax Fraud and Tax Controversy, December 9-11, Encore Hotel, Las Vegas, Nevada.  If you are interested in attending and have not yet […] Read More…

Read More

MICROSOFT DECISION EMPHASIZES THE HEAVY BURDEN A TAXPAYER MUST BEAR TO DEFEAT ENFORCEMENT OF A SUMMONS by ROBERT S. HORWITZ

On November 23, 2015, the District Court for the Western District of Washington issued its decision in one of the most closely watched summons enforcement cases in recent years: United States v. Microsoft Corp., Case No. C15-00102-RSM.  The case drew attention not only because of the taxpayer involved, Microsoft Corporation, but also because Microsoft challenged […] Read More…

Read More

Disputing the Underlying Liability in CDP Following a Substitute For Return (SFR) by CORY STIGILE

In Dennis M. Powers v. Comm’r, TC Memo 2015-210, the Tax Court Granted the government’s motion for summary judgement against a pro se Taxpayer who petitioned the Tax Court to dispute the underlying liability set forth on a substitute return prepared by the IRS.  While the Taxpayer left the IRS and subsequent Court little choice […] Read More…

Read More

DOJ PUTS EMPLOYMENT WITHHOLDING TAX VIOLATIONS IN ITS CROSSHAIRS by Robert S. Horwitz

The failure of businesses to collect and pay to the IRS employee withholding taxes (income, and the employee portion of social security and Medicare) has been a major problem since the institution of withholding taxes. The tax does not get paid to the IRS.  At the same time, the employee is credited with having paid […] Read More…

Read More

WITHHELD TAXES AND THE TRUST FUND RECOVERY PENALTY

A Federal District Court in Idaho recently held that the sole shareholder and president of a company that sold tractors was liable for federal income and social security taxes withheld from the wages of the employees finding that he was a responsible person despite having delegated his authority to a manager who embezzled funds and […] Read More…

Read More

Forfeiture of Currency for Failure to File Form 8300 By Krista Hartwell

This post addresses the circumstances under which the government may forfeit currency for failure to file IRS Form 8300, Report of Cash Payments Over $10,000 Received in a Trade or Business. Any person engaged in a trade or business who receives $10,000 or more in cash from a transaction (in the course of their trade […] Read More…

Read More

TEFRA Update-Just When You Thought TEFRA Couldn’t Get Any More Complicated by Edward M. Robbins, Jr.

[On November 2, 2015, President Obama signed into law H.R. 1314, the Bipartisan Budget Act of 2015 (the “Budget Act”). This document outlines the key provisions (new procedural rules for partnership audits and adjustments, and amendments to sections 704(e) and 761(b)) relating to the determination of who is a partner in a partnership relating to […] Read More…

Read More