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Principal Comments on Unclaimed Deductions and Losses in Sentencing Tax Loss Determinations

The Sentencing Commission has received comments and testimony from principal constituents as to the issue of whether unclaimed deductions and credits should be permitted to reduce the tax loss in the critical tax loss calculation for sentencing purposes. The sentencing tax loss, like the loss in other...

Tax Loss - Object of the Offense - Intended v. Real Harm

I just recently re-read United States v. Eye , 2013 U.S. App. LEXIS 10857 (11th Cir. 2013), here , an unpublished opinion [ enhanced version available to lexis.com subscribers ]. It discusses an important point about the Sentencing Guidelines tax loss computation. Readers will recall that tax loss is...

Article on New Sentencing Guidelines on Unclaimed Deductions and Credits

I have posted previously on the unclaimed deduction / credit issue and the recent Guidelines resolution of the issue. The 2013 Guidelines provision on this issue is here §2T1.1., Commentary par. 3, here , which provides: 3. Unclaimed Credits, Deductions, and Exemptions.—In determining the...

Booker Variances are More Common in Tax Crimes. Why? And Do They Disproportionately Benefit the Rich?

Readers of this blog should be familiar with the name Ty Warner. He is the billionaire who cheated on his U.S. taxes big time (the financially big can cheat big) and, in addition, willfully failed to file the FBARs. He pled guilty to a reduced set of charges. He was sentenced to no incarceration. The...