According to Law360, Carlo Marinello will argue to the U.S. Supreme Court next month that a vague tax law gives prosecutors power to criminalize anything that makes the IRS' job harder, in a case that could see the high court continue limiting broad criminal laws as it did last year in U.S. v. McDonnell. Marinello was…Read more
Partner-Level CDP Case Can Be Revied by the Tax Court
The Tax Court in McNeill, 148 TC No. 23 (2017), held that it has jurisdiction under Section 6330(d)(1) to review a notice of determination when the underlying tax liability consists of a penalty relating to an adjustment to a partnership item excluded from deficiency procedures by Section 6230(a)(2)(A)(i). The taxpayer was a partner in a…Read more
Online Poker Accounts Not Subject to FBAR But Payment Processing Account Is.
In U.S. v. Hom, (CA 9 7/26/2016), 118 AFTR 2d ¶ 2016-5057 the Court of Appeals for the Ninth Circuit, affirming in part and reversing in part a district court decision, has found that one of three accounts a taxpayer maintained to facilitate online poker was with a financial company and had to be reported on…Read more
No Motion To Dismiss For a Taxpayer With Hidden Foreign Bank Accounts
According to Law360 a Washington federal judge on October 6, 2017 declined to toss the U.S. government’s suit accusing a man of willfully failing to disclose foreign bank accounts, finding that the allegations could reasonably lead the court to infer that the man understood IRS reporting requirements. In denying Jeffrey P. Pomerantz’s motion to dismiss…Read more