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Category Archives: criminal tax law

Updated Information on Passport Certification & Revocation for Delinquent IRS Debt

On its website People First Initiative FAQs: Passport Certifications, the IRS has provided updated information on its certifications and decertifications of delinquent taxpayer debt as part of a program under which the State Department can revoke the taxpayer's passport.

Taxpayers with a "seriously delinquent tax debt," can have their passport revoked, limited or not renewed by the State Department. If IRS determines that a taxpayer has a serious delinquent tax debt, it will "certify" that debt to the State Department. (IRC § 7345).

A taxpayer who has been certified cannot be issued a U.S. passport and such a taxpayer who has a passport may have his passport revoked. 

In previous announcements, IRS has said that it was delaying new certifications of taxpayers who are considered seriously delinquent and that existing certifications would remain in place unless the taxpayer's tax situation changes. 

The IRS Has Updated Its Page Stating That
It Is Still Not Issuing NEW Certifications
To The Department Of State.

Existing certifications will remain in place until the tax issues (Debt) are addressed.

Ways to Resolve Tax Issues

There are several ways taxpayers can avoid having the IRS notify State of their seriously delinquent tax debt. They include the following:

  • Paying the tax debt in full,
  • Paying the tax debt timely under an approved installment agreement,
  • Paying the tax debt timely under an accepted offer in compromise,
  • Paying the tax debt timely under the terms of a settlement agreement with the Department of Justice,
  • Having a pending collection due process appeal with a levy, or
  • Having collection suspended because a taxpayer has made an innocent spouse election or requested innocent spouse relief. 
Once You’ve Resolved Your Tax Problem With The IRS,



The IRS Will Reverse The Certification Within 30 Days Of Resolution Of The Issue And Provide Notification To The State Department As Soon As Practicable.

WHO CAN AFFORD TO BE WITHOUT 
THEIR PASSPORT FOR AT LEAST 30 DAYS? 

Travel

If you’re leaving in a few days for international travel, need to resolve passport issues and have a pending application for a U.S. passport, you should call 888 8TaxAid immediately. If you already have a U.S. passport, you can use your passport until you’re notified by the State Department that it has been revoked. 
If your passport is cancelled or revoked, after you’re certified, you must resolve the tax debt by paying the debt in full, making alternative payment arrangements or showing that the certification is erroneous.
  
The IRS will reverse your certification within 30 days of the date the tax debt is resolved and provide notification to the State Department as soon as practicable.
If You Face This Problem, You Should Consult with Experienced Tax Attorneys, As There Are Several Ways Taxpayers Can Avoid Having the IRS Request That the State Department Revoke Your Passport. 
  Want To Keep Your US Passport?
 
 


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

     



    Read more at: Tax Times blog

    IRS Reminder: June 15 Tax Deadline Postponed to July 15 for Taxpayers Who Live Abroad

    The Internal Revenue Service in IR-2020-109 reminded people who live and work abroad that they have until Wednesday, July 15, 2020, to file their 2019 federal income tax return and pay any tax due. The usual deadline is June 15.

    This extension was included in a wide range of Coronavirus-related relief announced in early April. The extension generally applies to all taxpayers who have an income tax filing or payment deadline falling on or after April 1, 2020, and before July 15, 2020.

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    This means that anyone, including Americans who live and work abroad, nonresident aliens and foreign entities with a U.S. filing and payment requirement, have until July 15 to file their 2019 federal income tax return and pay any tax due.  Visit IRS.gov/Coronavirus for details.

    Need more time beyond July 15?
    Individual taxpayers who need additional time to file beyond the July 15 deadline can request a filing extension to Oct. 15 in one of two ways:

    An Extension To File Is Not An Extension To Pay.

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    Taxes Are Still Due By July 15.

    Businesses that need additional time to file income tax returns must file Form 7004 - Application for Automatic Extension of Time To File Certain Business Income Tax, Information, and Other Returns.

    Combat zone extension
    Members of the military qualify for an additional extension of at least 180 days to file and pay taxes if either of the following situations apply:

    • They serve in a combat zone or they have qualifying service outside of a combat zone or
    • They serve on deployment outside the United States away from their permanent duty station while participating in a contingency operation. This is a military operation that is designated by the Secretary of Defense or results in calling members of the uniformed services to active duty (or retains them on active duty) during a war or a national emergency declared by the President or Congress.

    Deadlines are also extended for individuals serving in a combat zone or a contingency operation in support of the Armed Forces. This applies to Red Cross personnel, accredited correspondents, and civilian personnel acting under the direction of the Armed Forces in support of those forces.

    Spouses of individuals who served in a combat zone or contingency operation are generally entitled to the same deadline extensions with some exceptions. 

    Can't Pay Your IRS Taxes?


    Need a Fresh Start?

    Contact the Tax Lawyers at
    Marini & Associates, P.A.   
    for a FREE Tax Consultation contact us at:
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    Read more at: Tax Times blog

    TC Rules $24.8M Transfers To Fla. Man Aren't Gifts But $1.9 Million in Penalties Not Timely

    A Florida man failed to prove that nearly $25 million in transfers to him were gifts that he didn’t need to report as taxable income, but the IRS can’t collect any of the nearly $1.9 million it assessed in penalties because it didn’t approve the penalties in time, the U.S. Tax Court ruled. 


    Burt Kroner argued that the transfers were gifts under tax code Section 102, which depended on the intention of David Haring, the transferor. Kroner said he developed a close personal relationship with Haring as a result of a long business relationship. 
    Kroner said Haring gifted the money to hime. 

    But the court found in its June 1, 2020 opinion that Kroner’s story was unconvincing and the testimony of two other witnesses in his support wasn’t credible. 

    “Petitioner’s Story Is Simply Insufficient To Prove That He And Mr. Haring Had Anything More Than A Business Relationship Where Occasionally Personal Matters Were Discussed,” Judge Joseph Robert Goeke Said.

    Kroner was nonetheless able to avoid a 20% penalty for tax underpayment because the court found that the IRS didn’t satisfy a requirement under tax code Section 6751(b) for an immediate supervisor to approve an initial determination of a penalty. 

    • The IRS had argued that a letter to Kroner on potential penalties sent before getting supervisory approval wasn’t the initial determination. 
    • The IRS said it was meant to invite Kroner to submit more information when there was an understanding that he wouldn’t pursue an administrative appeal at that time. 

    The court rejected that argument, noting that the letter proposed the penalties and gave Kroner a chance to file a protest with the IRS Appeals Office. 

    The case is Kroner v. Comm’r, T.C., No. 23983-14, 6/1/20.

    Have an IRS Tax Problem?
     
     
    Contact the Tax Lawyers at
    Marini & Associates, P.A.   
    for a FREE Tax Consultation contact us at:
    Toll Free at 888-8TaxAid (888) 882-9243

    Read more at: Tax Times blog

    U.S. Tax Court Said it Will Conduct Remote Proceedings This Fall

    According to Law360, the US Tax Court said it will conduct remote proceedings during its fall trial calendar session because of the novel coronavirus pandemic and will allow the public to listen to the sessions. 

    The court issued an administrative order Friday setting procedures for holding remote proceedings. Tax Court Judge Cary Pugh told Law360 on Monday that it is unclear what cities around the country will be accessible for proceedings in the fall, so the court can't follow its usual practice of sending judges to different cities for trials. 

    Under the remote procedures, "the parties have a lead time to work the cases out, and we have some certainty with scheduling," Judge Pugh said.

    "We can't just keep having a backlog," the judge said. "Parties come to Tax Court to have their cases resolved, and this is the safest way we can do it."

    The Tax Court previously canceled trial sessions for March and April because of COVID-19, the respiratory disease caused by the novel coronavirus. The court then closed its building in Washington, D.C., but still allowed people to file petitions and other documents to abide by statutory deadlines. Mail sent to the building is being held until the court reopens.

    Virtual Tax Court sessions will use videoconferencing software Zoomgov, which does not require a personal Zoom account and will not cost anything, according to the order issued Friday. People can attend virtual sessions using a computer or tablet's audio and video feed, or dial in to an audio-only feed over the phone.

    The audio feed will allow journalists and the public to listen to the proceedings, similar to how other federal courts are conducting virtual sessions, Judge Pugh said. The U.S. Supreme Court has been holding oral arguments by teleconference. 

    Parties must still participate in pretrial matters such as scheduled conference calls and pretrial calls; otherwise a judge may dismiss a case and enter a decision against the nonparticipating party, according to the order.

    The order also adjusted certain trial deadlines. Before the pandemic, the court required parties to send a pretrial memo 14 days ahead of trial, but that memo is now due 21 days ahead of trial, according to the order. Pretrial memos are also now required to be filed for small tax cases, or those with $50,000 or less at stake, 21 days in advance, more than the previous seven days before trial.

    On Friday the Tax Court also issued an administrative order that supersedes prior procedures for limited entry of appearances by attorneys representing clients before the court. Normally, an entry of appearance at the court is effective until a case is resolved, or the court grants an attorney's motion to withdraw. In 2019, the court began to allow limited entries of appearance during a trial session specific to the dates when the representation would be in effect.

    Judge Pugh told Law360 that the court spent a lot of time coming up with the procedures but that they may change depending on their effectiveness and comments from other judges and practitioners.


    Have an IRS Tax Problem?
     
     
    Contact the Tax Lawyers at
    Marini & Associates, P.A.   
    for a FREE Tax Consultation contact us at:
    Toll Free at 888-8TaxAid (888) 882-9243


     



    Read more at: Tax Times blog

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