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Category Archives: IRS Audits and Litigation

TIGTA Study Shows That Business Tax Assessments Are Increasing

Assessments against business taxpayers that have not filed required tax returns have soared by nearly 60 percent according to the Treasury Inspector General for Tax Administration's (TIGTA) report dated September 17, 2012. However, the Internal Revenue Service needs to improve internal controls to ensure staff follow the correct procedures in documenting the reasons for these assessments, according to this report

The report found that in 10 percent of the cases, taxpayers were not provided a full 30 days to respond to proposed assessments prepared for them by IRS before the returns were processed as Collection Field function assessments under tax code Section 6020(b). This is a potential violation of taxpayers' rights.

TIGTA also determined that during Calendar Year 2008, taxpayers with stand-alone 6020(b) assessments (assessments made in which the taxpayers had potential delinquent returns due but no outstanding tax liabilities) were less compliant in subsequent years than taxpayers without 6020(b) assessments. 

However, a more in-depth study of delinquent returns in which the for the Small Business/Self-Employed Division. use of I.R.C. § 6020(b) authority was considered but not used may be needed to better understand these results. The IRS does not track subsequent filing compliance when The IRS has the ability to prepare returns and I.R.C. § 6020(b) authority is used.
 

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Read more at: Tax Times blog

Miccosukee Indians Hit With $170 million IRS Tax Lien!

The Internal Revenue Service has slammed the Miccosukee Indians with a bill of $170 million for the West Miami-Dade tribe’s failure to report and withhold taxes from its distribution of gambling profits to tribal members, according to court records.
 
In a long-running battle, the IRS also has smacked hundreds of the tribe’s members with separate bills totaling $58 million for their failure to pay personal income taxes on those distributions during the same period, 2000 to 2005, records show.
 
The agency’s crackdown comes after years of fighting with the 600-member tribe over its refusal to pay taxes on the distribution of profits from its casino operation off the Tamiami Trail. The assessments for back taxes, interest and penalties, outlined in federal tax lien notices filed in Miami-Dade Circuit Court, reveal for the first time the sheer scope of the tribe’s tax problems with the IRS.  

Without the extras, the tribe’s withholding taxes alone for 2000 to 2005 totaled $45 million, and individual members’ taxes amounted to $30 million for that period, according to the tax liens.

The tax obligations of the tribe and its members are expected to soar because IRS examiners also are auditing the Miccosukee’s gambling distributions for the years 2006-2010, when payouts to each member were as high as $160,000 annually.
 
 

Are You A Member of the Miccosukee Tribe of Indians?
Have an IRS Tax Problem?

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

for a FREE Tax Consultation Contact US at

www.TaxAid.us or www.TaxLaw.ms
or Toll Free at 888-8TaxAid (888 882-9243

 
 
 
 
 
  


Source

The Miami Herald

 

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No Safe Havens for Offshore Tax Cheats … The IRS, Australia & UK Audit Leaked Information!

We originally posted on Monday, May 6, 2013,Whistleblower Exposes Massive Offshore Corruption!, where we discussed a whistleblower's release of information to the International Consortium of Investigative Journalists concerning off-shore holdings of people and companies in more than 170 countries and territories hiding trillions of dollars in income and assets.

Today the IRS announced in IR-2013-48,  that the tax administrations from the United States, Australia and the United Kingdom plan to share tax information involving a multitude of trusts and companies holding assets on behalf of residents in jurisdictions throughout the world.

The three nations have each acquired a substantial amount of data revealing extensive use of such entities organized in a number of jurisdictions including Singapore, the British Virgin Islands, Cayman Islands and the Cook Islands. The data contains both the identities of the individual owners of these entities, as well as the advisors who assisted in establishing the entity structure.





The secret records are believed to include those obtained by the International Consortium of Investigative Journalists that lay bare the individuals behind covert companies and private trusts in the British Virgin Islands, the Cook Islands, Singapore and other offshore hideaways.
The hoard of documents obtained by ICIJ represents the biggest stockpile of inside information about the offshore system ever gathered by a media organization.

The total size of the ICIJ files, measured in gigabytes, is more than 160 times larger than the leak of U.S. State Department documents by Wikileaks in 2010.

A statement from the British tax office puts the size of the data obtained by the three tax authorities at 400 gigabytes, compared to the 260 gigabytes gathered by the ICIJ.
 
“The 400 gigabytes of data is still being analyzed but early results show the use of companies and trusts in a number of territories around the world including Singapore, the British Virgin Islands, the Cayman Islands and the Cook Islands,” the British tax office statement said.

The IRS, Australian Tax Office and HM Revenue & Customs have been working together to analyze this data and have uncovered information that may be relevant to tax administrations of other jurisdictions. Thus, they have developed a plan for sharing the data, as well as their preliminary analysis, if requested by those other tax administrations.

IRS Acting Commissioner Steven T. Miller stated that:

“This is part of a wider effort by the IRS and other
tax administrations to pursue international tax evasion.” 

"Our cooperative work with the United Kingdom and
Australia reflects a bigger goal of leaving NO SAFE HAVEN
for people trying to illegally evade taxes.”

There is nothing illegal about holding assets through offshore entities; however, such offshore arrangements are often used to avoid or evade tax liabilities on income represented by the principal or on the income generated by the underlying assets.
 
In addition, ADVISORS may be subject to Civil Penalties or Criminal Prosecution for promoting such arrangements as a means to Avoid or Evade Tax Liability or Circumvent Information Reporting requirements.
 
It is expected that this multilateral cooperation and coordinated effort will allow many countries to efficiently process this information and effectively enforce any laws that may have been broken. Increasingly, tax administrations are working together in this way to assist one another in identifying non-compliance with the tax laws. U.S. taxpayers holding assets through offshore entities are encouraged to review their tax obligations with respect to these holdings, seek professional advice if necessary, and to participate in the IRS Offshore Voluntary Disclosure Program where appropriate.

Failure to do so may result in significant penalties and possibly criminal prosecution! 

Secret Foreign Investments Keeping You Awake at Night?
Want to get right with the IRS?

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

Sources:
 
 
 
 

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GAO Reports a Big Increase in FBAR Reporting – Maybe It Is A Result of IRS Enforcement Efforts?

The number of American taxpayers reporting foreign accounts to the Internal Revenue Service (IRS) doubled to 516,000 between 2007 and 2010, according to the US Congress' General Audit Office (GAO).

The GAO investigation also found that 6 per cent of US taxpayers who took up the IRS' 2009 offshore tax amnesty received penalties of USD1 million or more, and most of them had accounts at the Swiss bank UBS.

Have Un-Reported Income From A Foreign Bank?
 
Need Experienced Tax Advise?
 
Contact the Tax Lawyers at Marini & Associates, P.A.
 
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 Sources:

GAO statement


GAO Report (PDF file)

Reuters

Read more at: Tax Times blog

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