Tax Law

Recent Posts

Tax Court Finds Fraud Based, in Part, On Negative Inference from Fifth Amendment Assertion
Posted on 14 Aug 2012 by Jack Townsend

In Loren-Maltese v. Commissioner, T.C. Memo. 2012-214 , the Tax Court introduces the legal issues as follows: It's the facts that make this case interesting, but there are three issues of law that color its background: the general rules of tax... Read More

Cincinnati Attorney Pleads to Tax Obstruction
Posted on 3 May 2012 by Jack Townsend

Suzanne Land, a Cincinnati attorney, has pled to one count of tax obstruction, Section 7212(a), here , a three year felony. The DOJ Tax press release is here . I will obtain the guilty plea when available and post it. The press release describes her conduct... Read More

Petition for Certiorari on Deliberate / Willful Ignorance / Conscious Avoidance / Ostrich Instruction
Posted on 25 Oct 2012 by Jack Townsend

The second issue raised in both the Walton and the Brooks petitions for certiorari in United States v. Brooks, 681 F.3d 678 (5th Cir. 2012), Wesley C. Walton v. United States of America and James Brooks v. United States of America , is whether the trial... Read More

Convictions of Mail Fraud, False Claims and Conspiracy; Use of Offshore Accounts
Posted on 2 May 2012 by Jack Townsend

According to a DOJ Press Release, Curtis Morris and Richard Kellog Armstrong were convicted of "for mail fraud, filing false claims against the United States and conspiracy to file false claims against the United States." "Morris was found... Read More

Plea Bargains Generally and in Tax Cases; Moneyball
Posted on 30 Mar 2012 by Jack Townsend

In two cases, the Supreme Court has recognized the central role of plea bargaining in the criminal system and held the right to effective assistance of counsel extends to advising the client in plea negotiations. Missouri v. Frye, ___ U.S. ___, 2012 U... Read More

Fifth Amendment Act of Production Privilege and Encrypted Data Files
Posted on 28 Feb 2012 by Jack Townsend

In In re: Grand Jury Subpoena Duces Tecum Dated March 25, 2011, ___ F.3d ___, 2012 U.S. App. LEXIS 3894 (11th Cir. 2012) , enhanced opinion available to subscribers with core terms, case links, and Shepard's, (Non-subscribers can download... Read More

Another Plea Involving Offshore Accounts
Posted on 23 Feb 2012 by Jack Townsend

DOJ Tax has this press release, Tennessee Couple Plead Guilty to Tax Crimes , cryptically reporting a plea by two taxpayers, husband and wife, to two counts of willful failure to file income tax returns ( Section 7203 ). In relevant part, the press release... Read More

Rambo Judge Grants Mercy to Convicted Foreign Account Holder
Posted on 13 Mar 2012 by Jack Townsend

In United States v. Purpura , 2012 U.S. Dist. LEXIS 28748 (MD PA 2012), Judge Sylvia H. Rambo granted the convicted defendant's motion to withdraw his plea of guilty to two counts of tax perjury, Section 7206(2) related to a false answer to the Schedule... Read More

Pastor Going to Trial for Tax Charges Predicted Jesus Would Come On May 27
Posted on 31 May 2012 by Jack Townsend

I have previously blogged on Ronald Weinland. See Controversial Pastor, Self Proclaimed Prophet, Indicted re Income from Church Offerings and Offshore Accounts (11/21/11), here . My impression from afar is that he is just a charlatan (see here ) in the... Read More

Second Circuit Reverses and Vacates Convictions for Wire Fraud and Tax Evasion
Posted on 1 May 2012 by Jack Townsend

In United States v. Litwok, ___ F.3d ___, 2012 U.S. App. LEXIS 8727 (2d Cir. 2012), here , the Second Circuit upset convictions for wire fraud and tax evasion, applying seeming settled principles. I address first the tax evasion convictions, although... Read More

Ninth Circuit Speaks on FOIA, but Ducks Fugitive Disentitlement
Posted on 17 Mar 2012 by Jack Townsend

A common parry in a tax criminal investigation or prosecution is to file a FOIA request with the IRS. The IRS / DOJ thrust is to resist. I provide at the end of this blog a general discussion of FOIA and the theories of resistance. In Shannahan... Read More

New Indictment of U.S. Tax Return Preparers & Enablers re Offshore Bank & Related Activity
Posted on 18 Jun 2012 by Jack Townsend

In a First Superseding Indictment, here , filed June 14, 2012 in CD CA, three principals of a tax return preparation service, United Revenue Service ("URS") were indicted. The DOJ Tax Press Release is here, Three Tax Return Preparers Charged... Read More

IRS Queasiness Over the Reaches of Allen
Posted on 3 Oct 2012 by Jack Townsend

I have recently blogged on the issue of whether the fraud of some person other than the taxpayer signing the return which makes the return fraudulent allows the IRS an unlimited statute of limitations under Section 6501(c)(1), here . I list below the... Read More

Tax Court Finds IRS Compliance Officer Liable for Civil Fraud Penalty
Posted on 10 Jul 2012 by Jack Townsend

Readers interested in the risks of being audited with respect to income tax noncompliance arising from foreign assets (particularly financial accounts) often ask what it takes for the IRS to prove fraud. I am aware of no standard litmus test of civil... Read More

Trust Fund Tax Convictions Affirmed
Posted on 27 Apr 2012 by Jack Townsend

In United States v. DeMuro, ___ F.3d ___, 2012 U.S. App. LEXIS 8094 (3d Cir. 2012) , enhanced opinion available to subscribers, (Non-subscribers can download the unenhanced official opinion here ), the Demuros, husband and wife, were convicted... Read More