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Yearly Archives: 2022

3rd Party Family Members Vitiate Privilege

So often family members want to attend conferences with tax attorneys or want to be copied on emails. This is an area where tax attorneys need to be sensitive that this can cause a waiver of their attorney-client privilege.

This is exactly what happened in the case of U.S. v. Barbara Fairbank, case number 4:20-cv-00132, in the U.S. District Court for the Northern District of Florida, where the US government has now requesting a Florida federal court to compel a woman in a $554,000 foreign bank account reporting violations case to produce emails sent between her attorneys and her son because they aren't protected communications.

Emails between Barbara Fairbank's attorneys and the son, Keith Hagaman, aren't eligible for attorney-client privilege because Hagaman is a third party desirous of remaining neutral who wasn't proved to be an agent either of his mother or her attorneys, the government told the court Thursday.

Therefore, the court should compel her to produce six emails sent between the attorneys and her son that she wishes to withhold, since they aren't eligible for that kind of protection, the government said.

The government sued Fairbank in March 2020, contending that she willfully failed to report her overseas accounts and consequently owes a little more than $554,000 in penalties and interest.

Have an IRS Tax Problem?

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


for a FREE Tax HELP Contact us at:
www.TaxAid.com or www.OVDPLaw.com
or 
Toll Free at 888 8TAXAID (888-882-9243) 


 



Read more at: Tax Times blog

IRS Office of Chief Counsel To Hire 200 More Attorneys


According to Law360, the Internal Revenue Service Office of Chief Counsel is looking to hire as many as 200 more attorneys to take on abusive tax schemes, the agency said on January 21, 2022.

The IRS said the chief counsel's office is looking to recruit attorneys for jobs at more than 50 locations across the country, including in Washington, D.C., in order to fight tax schemes including abusive microcaptive insurance arrangements and syndicated conservation easements.

Attorneys who are hired will serve on trial teams, handle U.S. Tax Court cases and provide legal advice to IRS staff conducting audits, as well as perform other duties, the agency said.


Have an IRS Tax Problem?

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


for a FREE Tax HELP Contact us at:
www.TaxAid.com or www.OVDPLaw.com
or 
Toll Free at 888 8TAXAID (888-882-9243) 


 



Read more at: Tax Times blog

“Beard” Saves Taxpayer When IRS Rejected Return

The Tax Court found in Willetts, TC Summary Opinion 2021-39, that an individual was entitled to the refund he claimed on his 2014 return. The Form 1040 the individual mailed to the IRS on April 14, 2018, was a properly filed return even though the IRS rejected it due to possible identity theft.

A taxpayer must submit a refund claim during the "limitations period." The limitations period ends on the later of: (1) three years from the time the relevant return is filed, or (2) two years from the time the tax was paid (limitations period). (Code Sec. 6511(a))

The taxpayer, James Willetts, got an extension, to October 15, 2015, to file his 2014 return. Willetts eventually mailed this return, on which he claimed a refund, to the IRS on April 14, 2018. The IRS received Willetts' 2014 Form 1040 on May 2, 2018, but did not process the return after deeming it "a return that may have been the result of potential identity theft."

The IRS did not dispute that Willetts had an overpayment for 2014. Rather, the IRS argued that Willetts failed to file a refund claim within the limitations period.

According to the IRS, Willetts' 2014 return wasn't "filed" on April 14, 2018, because the IRS rejected that return. Instead, the IRS argued, Willetts filed his 2014 return on July 29, 2019, when he submitted to the IRS a copy of his 2014 Form 1040. Therefore, Willetts failed to file his refund claim before the limitations period ended on October 15, 2018.

The Tax Court Determined That Willetts' 2014 Return Was "Properly Filed" On April 14, 2018.

First, the Tax Court determined that the 2014 Form 1040 Willetts submitted to the IRS on April 14, 2018, was a "return" under the test in Beard, (1984) 82 TC 766. Under the Beard test, a document is a return for limitations purposes if:

1. there is sufficient data to calculate a tax liability,

2. the document purports to be a return,

3. there is an honest and reasonable attempt to satisfy the requirements of the tax law, and

4. the taxpayer executed the document under penalties of perjury.

Next, the Tax Court determined that Willetts' 2014 return was filed on or before May 2, 2018. According to the Court, a return is considered filed when it is "delivered, in the appropriate form, to the specific individual or individuals identified in the Code or Regulations." (Allnut, TC Memo 2002-311)

In addition, a valid return is deemed filed on the day it is delivered, regardless of whether the IRS accepts it. (Blount, (1986) 86 TC 383)

The return Willetts mailed to the IRS on April 14, 2018, was delivered to the IRS on May 2, 2018. Thus, Willetts return was filed on the date it was delivered to the IRS, May 2, 2018. 

Since Willetts refund claim was embedded in his 2014 return his refund claim was filed concurrently with that return. Thus, Willetts' refund claim was filed on May 2, 2018, before the three-year period of limitation expired on October 15, 2018.

Have an IRS Tax Problem?

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


for a FREE Tax HELP Contact us at:
www.TaxAid.com or www.OVDPLaw.com
or 
Toll Free at 888 8TAXAID (888-882-9243) 


 

Read more at: Tax Times blog

How Wyoming Became One of The World’s Top Tax Havens With Its Version of the ‘‘Cowboy Cocktail’’

The honky-tonk bar under neon lights on the town square serves Grand Teton Amber Ale and Yellowstone Lemonade. The Cowboy Coffee Co. offers bison chili and the Five & Dime General Store sells Stetson hats and souvenirs made from bullets. 

In this tourist-friendly Western town, home to four celebrated arches fashioned from elk antlers, lawyers and estate planners draw customers with something far more exclusive.
 
It’s called the Cowboy Cocktail, and in recent years, the coveted financial arrangement has attracted a new set of outsiders to the least populated state in America.
 
The cocktail and variations of it — consisting of a Wyoming trust and layers of private companies with concealed ownership— allow the world’s wealthy to move and spend money in extraordinary secrecy, protected by some of the strongest privacy laws in the country and, in some cases, without even the cursory oversight performed by regulators in other states.
 
Millionaires and billionaires from around the world have taken note. In recent years, families from India to Italy to Venezuela abandoned international financial centers for law firms in Wyoming’s ski resorts and mining towns, helping to turn the state into one of the world’s top tax havens.
 

A dozen international clients who created Wyoming trusts were identified in the Pandora Papers, a trove of more than 11.9 million records obtained by the International Consortium of Investigative Journalists and shared with The Washington Post, exposing the movement of wealth around the world. The documents offer a rare look at Wyoming’s discreet financial sector and the people who rely on its services.

 
One was Moscow billionaire Igor Makarov, named under a 2017 law requiring the U.S. Treasury Department to list oligarchs and political figures close to the Russian government. Makarov’s company faced questions in the past about controversial transactions with Russia’s state-owned gas giant and about possible influence peddling involving the daughter of a U.S. congressman.
 
The matriarch of Argentina’s Baggio family, whose beverage company was accused by local officials of dumping industrial waste and whose son is embroiled in a money laundering investigation, also moved the management of its wealth to Wyoming.
 
So did the late Kalil Haché Malkún of the Dominican Republic. The polo player and army officer managed the private estates of reviled Dominican dictator Rafael Trujillo, who ordered the deaths of political enemies and thousands of Haitians.
 

For years, anti-money laundering experts and law enforcement have warned federal and state lawmakers that suspect money was flowing into U.S. tax havens, eluding taxing authorities, creditors and criminal investigators. In Wyoming, with the support of state lawmakers, the industry charged ahead, promoting a suite of financial arrangements to potential customers around the world.

 
At the heart of those arrangements are trusts, legal agreements that allow people to stash away money and other assets so they are protected from creditors and incur few or no tax obligations for themselves or their heirs. In exchange for these benefits, trust owners appoint an independent manager — typically a relative, friend or financial adviser — to determine when and how money is invested and spent.
 
Wyoming is one of a small number of states that allow customers to place a private company — often controlled by family members — at the helm of their trust, ensuring complete control of the assets and an additional layer of financial secrecy.
 
Some of the companies are unregulated, exempt from periodic examinations and other state scrutiny.
 
Customers can also establish a second company inside their trusts to hold the assets, such as property and bank accounts, concealing wealth behind yet another corporate layer.
 
It’s like a wrapped gift inside a wrapped gift. The more wrapping you put on, the harder it is to figure out if there has been tax avoidance or evasion or even financial crime. Very few people know what you’re doing.
— trust and estate expert Allison Tait
 
Using this approach – the Cowboy Cocktail – wealthy people can move money into the United States and invest and spend it with a level of anonymity found in few other tax havens.
 
“Wyoming is advertising itself as the new onshore-offshore — it’s going to get the clientele,” said University of Richmond law professor Allison Tait, a trust and estate expert who has studied the state’s layered financial instruments, including the cocktail.
 
“It’s like a wrapped gift inside a wrapped gift,” she said. “The more wrapping you put on, the harder it is to figure out if there has been tax avoidance or evasion or even financial crime. Very few people know what you’re doing, basically.”
 
The Haché family did not respond to requests for comment. Through his attorney, Makarov said the Treasury Department list was copied from a public source and “widely discredited,” that he has no personal relationship with Russian President Vladimir Putin and that he has never been charged with criminal wrongdoing. The attorney said Makarov’s Wyoming trust was properly disclosed.
 
A representative for the Baggio family declined to comment. The family has previously said that it reported the Wyoming trust to officials in Argentina.
 
There is no evidence in the Pandora Papers documents that the trusts in Wyoming sheltered criminal proceeds.
 
In a competitive global market, Wyoming’s financial incentives have stood out. One trust company 8,700 miles away in downtown Singapore recommended Wyoming on its website as a go-to tax haven that would  “completely shield” clients’ names and assets. “Offshore Wyoming, USA,” noted another firm, this one near the Dnieper River in Ukraine’s bustling capital, Kyiv.
 

Click here to read the full story : International Consortium of Investigative Journalists

Have an IRS Tax Problem?

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


for a FREE Tax HELP Contact us 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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