The year 2009 was marked by many changes affecting estate planning and related areas on…
News from the 2014 Criminal Fraud and Tax Controversy Conference
We just returned last week from attending the Criminal Fraud and Tax Controversy Conference in Las Vegas, sponsored by the American Bar Association Section of Taxation where many government officials were in attendance. Below are some interesting observations:
On the new IRS Streamlined program (including the SDOP and SFOP programs), David Horton LB&I director for international compliance (who is in charge of the IRS Streamlined program), said that there are differences between the OVDP and Streamlined, particularly noting to Streamlined “requires a certification of non-willfulness, and a false certification could lead to possible criminal liability.”
Horton also indicated that he has a team in Austin, Texas for the IRS Streamlined program that is reviewing EVERY certification of non-willfulness. This seems contradictory to the IRS’ statement that not every Streamlined submission will be audited (perhaps the returns will not be audited but the certifications of non-willfulness will be carefully scrutinized.
On the certification statement of reasons for noncompliance, Horton said that a “conclusory statement” will not suffice and that there is not a “checklist on willfulness.” There was intentionally no statement on what a proper certification statement should include.
“He [Horton] warned of ‘a lot more John Doe summonses’ in the next 12 to 24 months, in other parts of the world and ‘beyond banks.’ The focus will be on intermediaries, he said, referring to those who promoted or facilitated transactions for stashing money abroad.”
Horton indicated that the IRS was aware of but did not have a current solution for the difficulty and delay of U.S. citizens abroad most of their lives not have as SSN and unable to get one in a decent time period, thus delaying their OVDP or Streamlined.
Horton also indicated that revised new FAQs for the Streamline program should be expected shortly.
In our experience, good facts applied to the law will result in a result. Legal research, careful drafting and legal advocacy of a taxpayer’s particular circumstances are still strongly recommended for a favorable result.
Patel Law Offices offers a strategy session to discuss how to resolve your legal problem. Conveniently schedule online today with our online scheduler and questionnaire.
Related Posts
- 2009 Year-End Estate Planning News
- 2012 Offshore Account Criminal Tax Cases
The Department of Justice continues to prosecute cases involving United States taxpayers who have failed to…
- Keeping Tax Papers
By Parag Patel, Esq.Keep anything related to your tax return for at least three years…
Search
Recent Posts
- New Offshore Tax Evasion Investigation: Trident Trust January 31, 2025
- Parag Patel Esq. speaker at the National Association of Enrolled Agents (NAEA) Seminar “Criminal Tax: What Tax Professionals Need to Know to Help Clients and Themselves” January 23, 2025
- New Seminar “Federal Tax Update: What to Expect for the Unexpecting: What Tax Professionals Need to Know to Help Clients & Themselves” January 17, 2025
- John Doe Summons: A potent investigative tool used by the IRS January 14, 2025
- Improving Voluntary Compliance: Reform the IRS Criminal Voluntary Disclosure Practice January 13, 2025
- NJCPA Seminar: “A New Foreign Frontier: Foreign Income & Asset Reporting Update ” December 15, 2024
- Live Webinar on U.S.-India Tax Planning: Key Issues, Tax Treaties: Limited Free Registrations Available December 9, 2024
- New IRS Form Simplifies Section 83(b) Election for Restricted Stock December 7, 2024
- Taxpayer Wins Form 5471 Penalty Case December 3, 2024
- NJCPA Seminar “Federal Tax Enforcement Update on What to Expect for the Unexpecting: What Tax Professionals Need to Know to Help Clients & Themselves” December 1, 2024
- Analysis of the Revised Form 14457: Key Changes to the IRS Voluntary Disclosure Practice November 30, 2024
- IRS Changes Rules (Again) for Forms 1099-K Issuance from Venmo, Paypal, etc. November 27, 2024