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SANDRA BROWN Quoted in Article on Rotating Fraud Technical Advisors

2018 TNT 159-3 ROTATING FRAUD TECHNICAL ADVISERS SEEN AS PROMISING IDEA (Doc 2018-32998) Tax Notes Today AUGUST 16, 2018, THURSDAY Copyright © 2018 Tax Analysts   Cite: 2018 TNT 159-3 Department: News, Commentary, and Analysis; News Stories Length: 1213 words Byline: Tax Analysts; Richman, Nathan J. Geographic: United States Published by Tax Analysts(R) The conversion […] Read More…

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ENCORE PRESENTATION – STRAFFORD WEBINAR Presented by Steven Toscher and Michel Stein : Tax Reporting of Bitcoin and Other Cryptocurrency: Calculating Basis, Income and Gain on August 29, 2018

This webinar will provide tax advisers and compliance professionals with a practical look at IRS guidance to calculating and reporting income and gain on cryptocurrency (e.g. Bitcoin, Coinbase) transactions. The panel will discuss the IRS’ position on cryptocurrency as property rather than cash, analyze IRS monitoring to increase compliance, and define proper reporting and tax […] Read More…

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Sandra Brown Quoted in Article on Implications of Ninth Circuit Withdrawing Transfer Pricing Decision.

2018 TNT 153-1 Ninth Circuit Withdraws Altera Opinion New Judge to Weigh In Tax Notes Today AUGUST 08, 2018, WEDNESDAY Copyright © 2018 Tax Analysts Cite: 2018 TNT 153-1 Department: News, Commentary, and Analysis; News Stories Byline: Tax Analysts; Parillo, Kristen A. Published by Tax Analysts(R) The Ninth Circuit’s just-withdrawn Altera v. Commissioner decision will get a fresh look […] Read More…

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Another Court Holds Regulation Limits FBAR Willful Penalty and Other Recent FBAR News by Robert S. Horwitz

What is the Potential Maximum Willful FBAR Penalty? In the wake of United States v. Colliot, here, another district court recently held that the regulation at 31 CFR §1030.820 limits the maximum willful penalty.  In United States v Wadhan, here, (D. Colo. July 18, 2018), the Wadhans had one account at UBS.  They closed the UBS account in 2008 and […] Read More…

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First Circuit to IRS: Collect Taxes Post-Bankruptcy Discharge at Your Peril by Robert S. Horwitz

In 1998 Congress added §7433(e) to the Code.  It provides that a taxpayer can sue the US for damages as a result of collection action that “willfully violates” either the bankruptcy stay imposed by 11 USC §362 or a bankruptcy discharge order under 11 USC §524.  The statute provides: (e)Actions for violations of certain bankruptcy […] Read More…

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Despite the New Partnership Audit Rules, TEFRA Still Matters By Robert S. Horwitz

Despite the fact that the new partnership audit rules are effective for tax years that began after December 31, 2017, TEFRA will remain relevant for a number of years, as can be seen by several recent decisions. Foster v United States, Dkt. 1:06-cv-00818 (W.D. TX June 19, 2018), involved a TEFRA partnership’s 1984 tax year.  […] Read More…

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STEVEN TOSCHER to receive the 2018 Richard Carpenter Excellence in Tax Award from the Third Annual USD School of Law – RJS LAW Tax Controversy Institute

Hochman Salkin Rettig Toscher & Perez, P.C. is pleased to announce that STEVEN TOSCHER is to receive the 2018 Richard Carpenter Excellence in Tax Award from the Third Annual USD School of Law – RJS LAW Tax Controversy Institute We are honored to announce Steve Toscher as the recipient of the 2018 Richard Carpenter Excellence […] Read More…

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An Interesting Trust Fund Recovery Penalty Case – and Some Further Musings on “Willful” By Robert S. Horwitz

The Fifth Circuit recently reversed summary judgment in favor of the Government in a $4.3 million trust fund recovery penalty (“TFRP”) case. McClendon v. United States, Dkt. No. 17-20174 (June 14, 2018), at  http://www.ca5.uscourts.gov/opinions/pub/17/17-20174-CV0.pdf  The TFRP, Internal Revenue Code §6672, allows the IRS to assess against any person responsible any withholding tax that was not collected, accounted […] Read More…

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Supreme Court Reinforces that District Courts Must Accurately Calculate Federal Sentencing Guidelines, Even If Imposed Sentence is Within the Accurate Guideline Range by Evan J. Davis

Two weeks ago, the Supreme Court reinforced that a felon’s liberty interest outweighed inconveniencing the district court when the Court held that appellate courts must send cases back to the district court where the district court made a mistake in calculating the federal sentencing guidelines.  Rosales-Mireles v. United States, 585 U.S. ___ (2018), available at https://supreme.justia.com/cases/federal/us/585/16-9493/. In […] Read More…

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Financial Status Audit Techniques: Part Two – The Source and Application of Funds Method by Cory Stigile

This is the second of a six part series devoted to utilization of various indirect methods of determining the income of a taxpayer. Financial Status Audit Techniques. There are various audit and investigative techniques available to corroborate or refute a taxpayer’s claim about their business operations or nature of doing business. Audit or investigative techniques for […] Read More…

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Another FBAR Willfulness Decision Favors the Government-So What Are the Courts Missing? by Robert S. Horwitz

It seems like discussions of burden of proof and the definition of “willful” in FBAR cases are getting to be as routine as discussions of what it means to be a “responsible person” and to act “willfully” for the trust fund recovery penalty under Internal Revenue Code sec. 6672.  And the courts have so far […] Read More…

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Financial Status Audit Techniques: Part One – Audits of Cash Intensive Businesses by Cory Stigile

This is the first of a six part series devoted to sensitive issue examinations of cash intensive businesses. In these situations, examiners frequently utilize various indirect methods of determining the income of a taxpayer. Financial Status Audit Techniques (FSAT). FAST’s include various audit and investigative techniques available to corroborate or refute a taxpayer’s claim about their […] Read More…

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