Tribe Told to Give Details of Finances to IRS

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The IRS is demanding details of accounting records from the Miccosukee tribe to determine if taxes were adequately paid. The West Miami-Dade tribe has been distributing millions of dollars of gambling profts to it members. As part of its expanding investigations, the IRS is asking for savings, checking and credit card information of four major financial institutions that have dealings with the 650 member tribe between 2006 and 2009, among other things.

The IRS issued a summons to the tribe, the scope of which far exceeds the other summons issued to tribal leader Billy Cyprus for unreported credit card transactions from 2003 to 2005. The Miccosukee tribe agreed to deliver financial records from Morgan Stanley Smith Barney after a judge ruled that the tribes sovereign immunity did not shield it from obligations to the federal government. Lawyers for the tribe appealed to US District judge Alan S. Gold to overrule the decision but he refused. This has empowered the IRS to seek for more financial records for a longer period of time to investigate the payment of taxes by tribal members.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Darrin Mish, Tampa Tax Attorney, The Law Offices of Darrin Mish, P.A. | Attorney Advertising

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