In Program Manager Technical Advice 2018-013, the IRS has set out the definition of "willfulness," and the standard of proof for establishing willfulness, for purposes of the penalty for willful violation of the requirements of the Report of Foreign Bank and Financial Accounts (FBAR). Under 31 USC 5314(a) and 31 C.F.R. 1010.350, every U.S. person that has…
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Another Anti-Taxpayer FBAR “Willfulness” Decision
On January 7, 2019 we posted 1st Taxpayer Victory in a "Willful" FBAR Penalty Case Overturned at Appeals where we discussed that on May 1, 2018 we posted 1st Taxpayer Victory in a "Willful" FBAR Penalty Case Appealed! and now a recent 2nd Circuit Court of Appeals opinion weighed in on two uncertainties regarding willfulness in context…
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IRS Waives Penalty for Tax Withholding & ES Payments for Taxpayers Who Fell Short in 2018
WASHINGTON — The Internal Revenue Service announced in Notice 2019-11, issued on January 16, 2019 that it is waiving the estimated tax penalty for many taxpayers whose 2018 federal income tax withholding and estimated tax payments fell short of their total tax liability for the year. The IRS is generally waiving the penalty for any…
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IRS Employees Called Back for Tax Season Without Pay
On January 8, 2019 we posted IRS Confirms Tax Filing Season to Begin January 28, where we discussed that despite the government shutdown, the Internal Revenue Service confirmed on January 7, 2019 in IR-2019-01 that it will process tax returns beginning January 28, 2019 and provide refunds to taxpayers as scheduled. The Treasury Department has now released a revised…
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