TAXLITIGATOR Blog
Criminal Tax Enforcement – It Happened Again and We Should Not Be Surprised by Steven Toscher
Posted by Hochman Salkin Toscher Perez P.C. 
Posted on Monday, October 09, 2017
The Treasury Inspector General for Tax Administration (“TIGTA”) issued a report September 13, 2017, concluding that “declining resources have contributed to unfavorable trends in criminal investigation business results.” That’s Government speak that the IRS criminal tax enforcement program is falling behind. This is not a surprise for those of us in the trenches. It reminds us of […] Read More…
Read MoreA Primer on Material Participation Rules for Real Estate Businesses, Part 2: Who is a Real Estate Professional? by Lacey Strachan
Posted by Hochman Salkin Toscher Perez P.C. Posted on Monday, October 09, 2017
Taxpayers in Real Property Business. Although the general rule is that all rental activities are by definition passive, the Code has created an exception for certain professionals in the real estate business. A real estate professional (as that term is defined under Section 469(c)(7), the section that sets forth the exception to the rule that all […] Read More…
Read MoreIRS Updates FBAR Reference Guide to Reflect Increased Inflation – Adjusted Non-Willful and Willful Penalty Amounts by Michel Stein
Posted by Hochman Salkin Toscher Perez P.C. Posted on Monday, October 09, 2017
The IRS has updated its Reference Guide on Foreign Bank Account Reports (“Guide”) to help U.S. persons and tax professionals with FBAR filing obligations. The Guide also supports IRS examiners in their efforts to administer the various IRS FBAR examination and penalty programs. Most importantly, the Guide for the first time also reflects increased inflation-adjusted […] Read More…
Read MoreDennis Perez is the first recipient of the Los Angeles Lawyer Sam Lipsman Service Award
Posted by Hochman Salkin Toscher Perez P.C. Posted on Wednesday, July 26, 2017
This award was established in memory of our late publisher Sam Lipsman, to honor an Editorial Board member or author who has provided exemplary service on behalf of Los Angeles Lawyer. This is an individual who has made a long standing commitment and material contribution to the magazine by, for example, serving as Chair and […] Read More…
Read MoreThe Judge Isn’t Bound by the Guideline Range in Sentencing by Robert Horwitz
Posted by Hochman Salkin Toscher Perez P.C. Posted on Thursday, June 15, 2017
Plea agreements in criminal tax cases normally have a section containing the calculation of the agreed Sentencing Guideline Range. The plea agreement also typically recites that the Government will recommend a guideline range sentence as long as the defendant meets his obligations under the plea agreement, but that the court is not required to accept […] Read More…
Read MoreIRS Increases Focus on Transactions Between Commonly Controlled Entities in the Mid-Market Segment by Lacey Strachan
Posted by Hochman Salkin Toscher Perez P.C. Posted on Wednesday, June 14, 2017
Large multinational corporations have historically been the focus of IRS transfer pricing examinations, such as the dispute between Amazon and the IRS over the amounts Amazon charged its European subsidiary for certain intangible assets that were transferred.[i] However, IRS efforts to address potential income shifting between related entities have expanded to include smaller companies in […] Read More…
Read MoreIRS Collection Appeals “Dead Ends”– Collection Due Process Procedural Traps for the Unwary by Cory Stigile
Posted by Hochman Salkin Toscher Perez P.C. Posted on Tuesday, June 13, 2017
In Keller Tank Services II Inc. v. Commissioner, 848 F.3d 1251 (10th Cir. 2017), the Tenth Circuit affirmed the Tax Court’s holding that a taxpayer could not challenge a Section 6707A penalty during a collection due process hearing or in a subsequent Tax Court proceeding because it already challenged the penalty with the IRS Appeals […] Read More…
Read MoreIRS Increases Focus on Transactions Between Commonly Controlled Entities in the Mid-Market Segment by Lacey Strahan
Posted by Hochman Salkin Toscher Perez P.C. Posted on Sunday, June 11, 2017
Large multinational corporations have historically been the focus of IRS transfer pricing examinations, such as the dispute between Amazon and the IRS over the amounts Amazon charged its European subsidiary for certain intangible assets that were transferred.[i] However, IRS efforts to address potential income shifting between related entities have expanded to include smaller companies in […] Read More…
Read MoreSteven Toscher Quoted in Tax Notes Article on Receiving Non-Prosecution Letters From DOJ
Posted by Hochman Salkin Toscher Perez P.C. Posted on Monday, June 06, 2016
DESPITE LESS CERTAINTY, SWISS BANK NON-TARGET LETTERS VALUABLE Published by Tax Analysts, Tax Notes Today Although some practitioners question the potential value of non-target letters available to institutions in categories 3 and 4 of the Justice Department’s Swiss bank program, others point out the value of non-target letters in the general criminal context and the request for the […] Read More…
Read MoreSteven Toscher Quoted in Tax Notes on Proposed Changes to FBAR rules
Posted by Hochman Salkin Toscher Perez P.C. Posted on Thursday, March 03, 2016
FBAR CHANGES TRY TO BALANCE COMPLIANCE BURDEN, ENFORCEMENT. Published by Tax Analysts(R) A new proposal from Treasury’s Financial Crimes Enforcement Network regarding the filing of Form 114, “Report of Foreign Bank and Financial Accounts,” would substantially change what is required of some financial professionals who file the foreign bank account reports as part of their […] Read More…
Read MoreJudge L. Paige Marvel has been elected as Chief Judge of the United States Tax Court
Posted by Hochman Salkin Toscher Perez P.C. Posted on Monday, February 29, 2016
UNITED STATES TAX COURT Washington, D.C. 20217 February 29, 2016 PRESS RELEASE The United States Tax Court announced today that Judge L. Paige Marvel has been elected as Chief Judge of the United States Tax Court to serve a 2-year term beginning June 1, 2016. The election of the Chief Judge by the Judges of […] Read More…
Read MoreIf You Want to Recover Costs in Fighting the IRS, Ask on Time By Robert S. Horwitz
Posted by Hochman Salkin Toscher Perez P.C. Posted on Friday, February 26, 2016
Internal Revenue Code sec. 7430, a taxpayer can recover administrative and litigation costs, including attorney fees, if the taxpayer is the prevailing party and the IRS’s position was not substantially justified. There is one hitch: you have to ask for costs and fees before it’s too late. This is what the taxpayers learned in Foote […] Read More…
Read More
