Our Blog

DOJ’s New FBAR Song: Another One Bites the Dust by ROBERT S. HORWITZ

I recently blogged about Kimble v. United States, where the Court of Federal Claims granted summary judgment in favor of the Government in an FBAR willful case, holding that the taxpayer’s signing a return that incorrectly checked the “no” box to the question whether she had foreign accounts was sufficient to establish willfulness.  The Kimble court has now […] Read More…

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MICHEL STEIN to speak on FBAR Reporting / Cryptocurrency – What You Need To Know

We are pleased to announce that Michel Stein will be presenting at an upcoming CalCPA Channel Islands Chapter Ventura CPA discussion group on FBAR Reporting / Cryptocurrency – What You Need To Know Wednesday, January 30, 2019 from 8:00 a.m. to 10:00 a.m. PST at Carrows Restaurant, 2401 Harbor Blvd., Ventura – (805) 642-3780. Mr. […] Read More…

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Los Angeles Lawyer – A Taxing Impediment – Marinello v. United States – by SANDRA BROWN

  The United States Supreme Court decides very few tax cases and even fewer criminal tax cases. In Marinello v United States the Supreme Court ruled that the Government’s  ever broadening use of the omnibus clause of Section 7212, the so called “one person conspiracy” statute,  be dialed back.  In January’s issue of Los Angeles […] Read More…

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ROBERT HORWITZ to speak on Overcoming FBAR Penalties: Best Practices and Practical Tips

We are pleased to announce that Robert Horwitz will be presenting at an upcoming Knowledge Group webinar on Overcoming FBAR Penalties: Best Practices and Practical Tips, Thursday, January 17, 2019 from 9:00 a.m. to 10:00 a.m. (PST)/12:00 p.m. to 1:00 p.m. (EST) Listen as a panel of distinguished tax litigators and experts organized by The […] Read More…

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STEVEN TOSCHER and MICHEL STEIN to speak on New IRS Scrutiny on Cryptocurrency Reporting: Filing Requirements & Exchange Treatment

We are pleased to announce that Steven Toscher and Michel Stein will be presenting at an upcoming Federal Bar Association/myLawCle webinar on New IRS Scrutiny on Cryptocurrency Reporting: Filing Requirements & Exchange Treatment, Thursday, January 10, 2019 from 1:00 p.m. to 3:00 p.m. (PST)/4:00 p.m. to 6:00 p.m. (EST) This presentation will provide tax counsel, […] Read More…

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Is the “First Step Act” Good News for Tax Crime and other White-Collar Defendants? By Evan J. Davis

Federal sentencing reform has been gathering steam over the past few years, as the chorus of voices critical of mandatory minimum sentences has reached a crescendo.  Congress first tackled the disparity between crack and powder cocaine sentences in the Fair Sentencing Act of 2010, which addressed a tiny, but important, sliver of oft-criticized drug sentences.  […] Read More…

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Tax Notes – Getting Ready to Defend the Material Participation IRS Examination by LACEY STRAHAN

In this article, Lacey Strachan discusses how taxpayers can defend a claim of material participation during an IRS examination. Although taxpayers are allowed deductions for some business and investment expenses under sections 162 and 212, section 469 generally prohibits an individual taxpayer from deducting any passive activity loss for the tax year in which the loss is sustained, suspending the loss […] Read More…

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Kimble–A New FBAR Willful Penalty Case, Some Further Thoughts on Bedrosian, Willfulness and the Overlooked Opinion in Flume by Robert S. Horwitz

The Court of Federal Claims (CFC) just  issued its Memorandum Opinion and Final Order granting summary judgment to the Government in Alice Kimble v United States, No. 17-421 (December 27, 2018), an FBAR willful case.  The opinion is a stunning victory for the Government: the Court granted summary judgment on the issue of willfulness based solely […] Read More…

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Third Circuit Throws a Curve Ball on FBAR Penalties by Robert S. Horwitz

In Bedrosian v United States the plaintiff paid 1% of a $975,789 FBAR penalty.  Not disputing jurisdiction, the Government counterclaimed for the unpaid balance with interest.  The district court held that Bedrosian was not liable for a willful FBAR penalty, even though he had known about the FBAR filing requirement.  The Government appealed to the Third Circuit. […] Read More…

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Tax Court Determines that for Federal Estate Tax Purposes, an Assignee Interest Is a Partnership Interest by Robert S. Horwitz

The Tax Court in Estate of Streightoff v. Commissioner, T.C. Memo 2018-178, here, faced two issues: whether an interest in a family limited partnership was an assignee interest and what discount should be applied.  Holding for the Commissioner, it determined that the interest was a partnership interest and not an assignee interest.  And since the expert for […] Read More…

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MICHEL STEIN to Speak on How to Persuade: Tips on Trial Practice Techniques at the Upcoming 35th National Institute on Criminal Tax Fraud and Eighth Annual National Institute on Tax Controversy

We are pleased to announce that Michel Stein will be speaking on How to Persuade: Tips on Trial Practice Techniques at the upcoming 35th National Institute on Criminal Tax Fraud and Eighth Annual National Institute on Tax Controversy, at the Las Vegas Encore Wynn, Friday, December 14, 2018 from 11:30 a.m. to 12:30 p.m. Find […] Read More…

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IRS Updates Its Voluntary Disclosure Program to Include Foreign and Domestic Disclosures by Taxpayers with Potential Criminal Liability by Robert S. Horwitz

On November 20, 2018, the IRS rolled out its new updated procedures for taxpayers who wish to make voluntary disclosures.  The notice emphasizes that the voluntary disclosure procedures are designed for taxpayers who could face potential criminal prosecution.  Taxpayers who do not face potential criminal prosecution but failed to report all income from foreign sources […] Read More…

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