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Unreported Foreign Accounts? How to Choose the "Right" International Tax Attorney to Help You

If you have unreported foreign accounts, you are not alone.  Every year, I speak with hundreds of clients with tax non-reporting issues (e.g., FBARs, Form 8938, Form 3520, Form 3520-A, etc.).  The good news:  the IRS offers...more

Does a Treaty Govern FBAR Reporting Obligations: A Federal Court Answers “Yes”

Introduction - Much of the current litigation between taxpayers and the United States has centered on the definition of willfulness or whether the non-willful FBAR penalty should apply on a per year or per account basis. ...more

Section 643(b) and Trusts

Recently, there seems to be some confusion regarding section 643(b) of the Internal Revenue Code of 1986, as amended (the “Code”), and its application to trusts. Indeed, that provision—particularly to those not well-versed in...more

Why You Should Hire a Tax Professional to Review Your Trust

Trusts come in many variations, rendering them often difficult for non-attorneys to follow and comprehend.  Indeed, this variation can often be seen in the nomenclature used for trust arrangements, which includes terms such...more

IRS Issues Guidance on FBAR: LB&I FBAR Practice Unit

The Bank Secrecy Act (“BSA”) requires United States persons (“USPs”) to file FinCEN Forms 114, Report of Foreign Bank and Financial Accounts (“FBARs”), for each calendar year in which the aggregate amount(s) in certain...more

Treasury Issues Proposed Regulations on IRS Appeals Procedures

Taxpayers routinely resolve their tax controversy matters without resort to litigation.  Indeed, good tax professionals will often seek to avoid costly and time-consuming litigation, if possible, by utilizing various...more

What 2022 Has Taught Us About FBAR Willfulness

The Bank Secrecy Act requires certain taxpayers to submit timely FBARs to the United States reporting their interests in foreign accounts. If a taxpayer has an FBAR filing requirement and misses it, the taxpayer can be...more

Can You Go to Jail for Not Paying Your IRS Taxes?

Taxpayers routinely ask me if they can go to jail for not paying their federal income taxes. Admittedly, the bar is not that high for felony tax evasion—the government must only prove three elements: (i) willfulness; (ii)...more

Dern Reminds that Settlement Language is Important in Section 104(a)(2) Physical Injury Cases

Taxpayers initiate lawsuits for a variety of reasons. For example, a taxpayer may bring a lawsuit against a defendant for breach of contract, personal negligence, defamation, or for a litany of other claims. Believe it or...more

Flint Demonstrates the Risks in Trying to Make a Willful IRS Streamlined Filing Non-Willful

Federal case and after federal case continues to come out providing real-life examples of the pitfalls of filing a Streamlined Filing Compliance Procedure (“SFCP”) with the IRS when the facts suggest willfulness rather than...more

[Webinar] The Freeman Law International Tax Symposium - October 20th - 21st, 9:00 am - 5:00 pm CST

Join leading tax experts from across the globe, as we discuss tax trends that are reshaping international taxation - AN EXPERIENCE UNLIKE ANY OTHER - Find yourself on the cutting-edge of international tax law, with...more

How Do I Know if I Have an IRS Form 3520/3520-A Filing Obligation?

Interests in or transactions with foreign trusts can cause headaches for federal income tax purposes. Depending on the interest or transactions at issue, U.S. citizens or residents may have to file a Form 3520, a Form...more

How to Successfully Fight the Section 6721(e) Intentional Disregard Penalty

Section 6721 provides the IRS with authority to impose civil penalties against taxpayer-employers who fail to timely file correct information returns (e.g., Forms W-2/W-3 and Forms 940/941). Under section 6721’s three-tiered...more

A Primer on the Employee Retention Credit (ERC)

The Employee Retention Credit – Introduction. Congress acted quickly during the worldwide COVID-19 pandemic to provide hiring and other economic incentives to employers. One particularly helpful relief provision—the employee...more

IRS Tax Penalties and the Tax Professional Reliance Defense

IRS Tax Penalties and the Tax Professional Reliance Defense - No one wants to pay federal taxes. And this truism applies more so with respect to federal tax penalties. Accordingly, clients often call upon their tax...more

You Received an IRS CP15 Notice (re: Form 3520 Penalty), What Now?

As our previous firm Insights discuss, there is a numbered notice for almost any communication the IRS provides to a taxpayer.  See, e.g., CP518 and CP504.  In some cases, the taxpayer may safely review a communication...more

[Webinar] Freeman Law Legal and Tax Update - A Primer on the IRS’s Streamlined Filing Compliance Procedures - April 28th, 11:00 am...

The IRS’s Streamlined Filing Compliance Procedures continue to be a valuable tool for taxpayers who are not in compliance with all of their United States income tax reporting obligations associated with foreign activities....more

Ninth Circuit Opines on Section 6751(b) and its Application to Assessable Penalties

Section 6751(b) and Assessable - Penalties Section 6751(b) of the Code has been a potent weapon for taxpayers since the Second Circuit held in Chai that certain penalties are not valid without written managerial approval. ...more

IRS Issues FBAR Reference Guide

The IRS and FBARs - On March 30, 2022, the IRS issued Publication 5569, Report of Foreign Bank & Financial Accounts (FBAR) Reference Guide. The 12-page publication provides helpful information to both taxpayers and tax...more

Court Declares IRS Micro-Captive Notice 2016-66 Unlawful: What Taxpayers Should Do Now

Introduction.  On May 17, 2021, the United States Supreme Court handed the IRS a significant loss when it concluded that CIC Services, LLC (“CIC”) could continue its lawsuit against the IRS for violations of the...more

IRS Voluntary Disclosures and Criminal Employment Tax Violations

Taxpayers who employ workers have obligations under federal law to withhold and remit federal employment taxes to the IRS. In addition to this withholding and payment requirement, federal law also imposes certain reporting...more

The Research and Development Credit – Section 41

Taxpayers are always interested in whether certain expenditures qualify as tax deductions. But many taxpayers often forget that expenditures may alternatively qualify for various tax credits. And all things being equal,...more

The IRS’s Voluntary Disclosure Practice (VDP): IRS Revises Form 14457

On February 15, 2022, the IRS announced that IRS Form 14457, Voluntary Disclosure Practice Preclearance Request and Application, and the accompanying instructions to the form had been revised. Because the revisions provide...more

What Happened to My Joint IRS Income Tax Refund?: The IRS’s Authority to Offset

Generally, when a taxpayer makes an overpayment of tax, the IRS refunds the overpayment to the taxpayer.  But this is not always the case.  For example, the IRS has the statutory authority to credit (or offset) an overpayment...more

The Evolving Standard of “Willfulness” in FBAR Cases: Where are We Now?

The concept of “willfulness” is an important one in the FBAR civil penalty context. Indeed, a taxpayer’s willful failure to file a timely and accurate FBAR may result in significant penalties: the higher of 50-percent of...more

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