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Monthly Archives: August 2022

IRS Didn't Follow FOIA Rules In 16% of Denials

According to Law360The IRS Disclosure Office didn't follow Freedom of Information Act requirements in 16% of the requests the Treasury Inspector General for Tax Administration examined where the office partially or wholly denied a request because of an exemption, TIGTA said in a report.

The Disclosure Office partially or wholly denied information under that exemption in 3,188 requests in 2021 all told, TIGTA said in the report, dated Thursday.

In May 2021, the IRS completed the transition of processing cases from the Automated Freedom of Information Act System to FOIAXpress. TIGTA reviewed a statistical sample of 83 of the 3,188 Fiscal Year 2021 FOIA requests for which the IRS denied the requested information either partially or fully based on exemption (b)(7), replied that no responsive records were available, or closed the request as imperfect. 

TIGTA also reviewed all 34 Fiscal Year 2021 I.R.C. § 6103(c) and (e) requests documented in FOIAXpress for which the IRS withheld information from the requestor. While TIGTA determined that information was properly withheld or released in most cases, the Disclosure Office did not follow FOIA requirements when withholding or releasing information for 13 (16 percent) cases. The Disclosure Office properly processed all 34 I.R.C. § 6103(c) and (e) requests. 


FOIA requests may involve the review of thousands of pages of information. For example, the partially denied cases in our sample ranged from four pages to 14,573 pages. Because a disclosure caseworker may make countless decisions when working a case, human error is unavoidable, and the IRS has taken steps to mitigate the risks associated with it. 

However, five of the 13 exception cases involved the improper release or redaction of third-party information. Without more specific guidance, disclosure caseworkers could inaccurately redact or release third-party information, such as releasing information obtained from services not available to the general public.

In recent years, cases involving errors in processing I.R.C. § 6103(c) and (e) requests have remained low, and the percentage of cases involving improper FOIA withholdings remained consistent compared with last year. 

Have an IRS Tax Problem?

     Contact the Tax Lawyers at
Marini & Associates, P.A. 


for a FREE Tax HELP Contact us at:
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Read more at: Tax Times blog

The Reconciliation Bill Retains $45.6 Bln in Additional IRS Funding For ENFORCEMENT!

On July 28, 2022 we posted Manchin & Schumer Agree on Build Back "SOMEWHAT" Better Deal With 15% Corp. Minimum Tax & Increased Tax Enforcement, where we discussed that Sen. Joe Manchin & Chuck Schumer agreed on legislation that would impose a 15% corporate minimum tax as part of a larger package to address tax, energy and health care costs.


Now The Proposal To Appropriate $80 Billion Over 10 Years To The IRS Is Back On The Table As Part Of A Reconciliation Bill Recently Announced By Senate Democrats.

The BBB, once a $1.7 trillion legislative package, failed to gain enough support in the Senate to advance beyond the House of Representatives. While some provisions were axed or modified to appease the majority party's more moderate senators, like Sen. Joe Manchin of West Virginia, IRS funding was left intact. The appropriated amounts and their intended purposes are largely untouched in what is now the Inflation Reduction Act of 2022 (IRA 2022; H.R. 5376).

As written, the funds would be available to the IRS through September 30, 2031, across four areas of the agency. 

Enforcement-Related Funds, At $45.6 Billion, Make Up More Than Half 

Of The Total Appropriations.

That's up from the nearly $44.9 billion proposed in the BBB. The goal would be to reduce the so-called tax gap by enhancing the IRS' means of capturing revenue from taxes that may otherwise not have been collected.

Further, The Funds Would Cover Litigation
And Criminal Investigation Expenses.

Notably, the enforcement section of the new act states that the funding is also for "digital asset monitoring and compliance activities," language also present in the November 3, 2021, House-amended version of the BBB. 

Notably, the enforcement section of the new act states that the funding is also for "digital asset monitoring and compliance activities," language also present in the November 3, 2021, House-amended version of the BBB. 

This definition subsequently became law when the Infrastructure Investment and Jobs Act (IIJA; PL 117-58) was enacted November 15, 2021. Presumably, the monitoring and compliance activities identified in the Act would apply to digital assets as defined by the IIJA, which also established that a digital asset broker is anyone who "regularly provides any service effectuating transfers of digital assets on behalf of another person."

In March, the Biden administration indicated in its fiscal 2023 Green Book of budget priorities that digital assets would be a focal point of future strategies to address noncompliance. 

Various IRS officials speaking at tax conferences this year have reiterated that the agency is devoting more attention to tax avoidance behaviors involving digital assets that contribute to the tax gap.

Have Unreported Income?  
 

 Contact the Tax Lawyers at 
Marini& Associates, P.A. 
 
 
for a FREE Tax Consultation at: 
www.TaxAid.com or www.OVDPLaw.com 
or 
Toll Free at 888-8TaxAid (888) 882-9243



Read more at: Tax Times blog

California Man Found Liable For $324K in FBAR Penalties for Unreported Swiss Accounts


According to Law360, a California district judge ruled that a man owes just over $324,000 in penalties, interest and late fees for failing to report information on his foreign bank accounts to the Internal Revenue Service in 
U.S. v. Magdi Hanna, case number 8:22-cv-00179, in the U.S. District Court for the Central District of California.

Magdi Hanna never appeared in court to address claims that he deliberately failed to report two Credit Suisse accounts on his taxes in 2010, 2011 and 2012, leading the judge to take them as true and enter a default judgment against him Wednesday.

Federal prosecutors previously said Hanna also did not report interest or dividends from the accounts, which held at least $7 million in 2010 and $6 million in 2011 and 2012.

Described by prosecutors as an educated business owner with an advanced degree in chemical engineering, Hanna opened the accounts in the name of two corporations he owned or controlled, according to court filings.


Have an FBAR Penalty Problem?  
 

 Contact the Tax Lawyers at 
Marini& Associates, P.A. 
 
 
for a FREE Tax Consultation at: 
www.TaxAid.com or www.OVDPLaw.com 
or 
Toll Free at 888-8TaxAid (888) 882-9243


Read more at: Tax Times blog

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