Archives July 2016

CPA Charged with Preparing False Tax Returns Found Not Guilty on All Counts. U.S. v. Miller, Case No. 12-600025 (S.D. FL 2012)

A certified public accountant was charged with conspiracy to defraud the IRS, preparing and filing false tax returns and obstructing a CFTC and an IRS investigation. The jury found him not guilty on all counts.

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Taxpayer Prepared False Tax Returns to Assist Clients Applying for Bank Loans. U.S. v. Murray, 2012 U.S. App. LEXIS 4842 (3rd Cir. 2012)

Enhancement for criminally derived income was not applicable to tax returns that did not fail to identify income but overstated expenses.

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Taxpayer Was Convicted of Failure to File a Tax Returns Based Upon IRS Transcript U.S. v. Maga, 2012 U.S. App. LEXIS 6867 (6th Cir. 2012)

Taxpayer appealed his conviction for failing to file a tax return based upon the testimony of an IRS agent who read an IRS transcript purporting to reflect a history of taxpayer's tax return history. Taxpayer asserted that his confrontation clause rights had been violated since the IRS agent did not input the information that resulted in the transcript.

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Court During Plea Colloquy Inadvertently Expanded Taxpayer's Right to Appeal. U.S. v. Saferstein, 673 F.3d 237 (3rd Cir. 2012)

Plea Agreement Appellate Waiver Did Not Apply and Sentencing in Accordance with 2009 Guidelines Violated Taxpayer's Rights Under Ex Post Facto Clasue.

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False Charitable Deduction Leads to Tax Conviction. U.S. v. Guess 2012 U.S. App. LEXIS 5874 (9th Cir. 2012)

Guess appealed his conviction on two counts of willfully filing a false tax return in violation of 26 U.S.C. § 7206(1) arising from a claimed charitable deduction that was determined to have never taken place.

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Social Security Benfits Constitute Taxable Income. Lawrence v. C.I.R., 2012 U.S. App. LEXIS 5815 (11th Cir. 2012)

Taxpayer filed a petition challenging Respondent Commissioner of the Internal Revenue Service's (IRS) notices of deficiency. Lawrence argued that his pension and social security benefits did not constitute taxable income because they were paid directly to the IRS pursuant to an IRS levy to recover his outstanding income taxes. The United States Tax Court upheld the Commissioner's deficiency determination. Lawrence appealed.

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Prosecutor Misconduct was Not Sufficient to Reverse Tax Conviction U.S. v. Guinn, 2012 U.S. App. LEXIS 5103 (11th Cir. 2012)

Taxpayer was convicted pursuant to 7203 for failing to file several tax returns. Taxpayer appeal based upon the alleged misconduct of the prosecutor. The Court affirmed based upon "harmless error".

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Civil Service Retirement System Annuity Held Taxable McNeil v. C.I.R., 2012 U.S. App. LEXIS 4956 (10th Cir. 2012)

Taxpayer appealed a Tax Court order authorizing the IRS to collect income taxes from his Civil Service Retirement System annuity. Tax protestor arguments were held frivolous.

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Court's Failure to Give Requested Willfulness Instruction was Not Sufficient to Reverse Tax Evasion Conviction U.S. v. Botha, 2012 U.S. App.LEXIS 4342 (9th Cir. 2012)

Taxpayer convicted of tax evasion pursuant to 7201 appealed because taxpayer's requested jury instructions were not given.

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Court Denied Request to Enter Order Prohibiting IRS From Conducting an Retalitory Acts Against Defendant's Witnesses U.S. v. Myers, 2012 U.S. Dist. LEXIS 47018 (M.D. La. 2012)

Taxpayer was indicted on 23 counts of filing false tax returns. Taxpayer moved the Court to issue no retribution order so witnesses that were afraid of the IRS would agree to testify. The Court denied the motion.

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