Archives 2017

Selecting a Criminal Attorney, When Winning is Your Only Option, Revisited

Selecting a Criminal Attorney, When Winning is Your Only Option, Revisited

Selecting a Criminal Attorney: If you learned that you were the target of a federal investigation, who would you call? How would you select a lawyer to represent you? In October of 2016 this blog discussed a number of factors that affect the outcome of federal criminal jury trials. This subject matter is revisited with newly published data by the United States District Courts.

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When Does the Rule of Lenity Apply.

When Does the Rule of Lenity Apply.

It has been long recognized that a criminal statute that is ambiguous and capable of being interpreted to apply to more than one set of conduct, should be applied in a fashion that is narrower in scope.

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Internal Revenue Code Section 7212 versus Obstruction of Justice Section 1510

Which Federal Sentencing Guidelines Apply to a Section 7212 Violation of the Internal Revenue Code for Obstruction of Justice?

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The Required Records Doctrine is the Weapon of Choice of the Government When Prosecuting Taxpayers For Failure to File FBAR Reports and Account For Taxes

The Required Records Doctrine is the Weapon of Choice of the Government When Prosecuting Taxpayers For Failure to File FBAR Reports and Account For Taxes

The Government Has Focused a Considerable Amount of Energy To Prosecute Taxpayers Who Failed to File FBAR Reports and Accurately Account For Taxes. The Government has used the Required Records Doctrine to compel taxpayers to produce foreign bank account records.

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Understanding the Purpose of the Criminal Investigation Division of the Internal Revenue Service and Its Effect on Criminal Investigations and Indictments

Understanding the Purpose of the Criminal Investigation Division of the Internal Revenue Service  and Its Effect on Criminal Investigations and Indictments

Taxpayers who are the target of an Internal Revenue Service Criminal Investigation Division investigation benefit from an understanding of the purpose of these investigations.

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Definition of "Willful" in Civil Cases Includes Reckless Disregard of Tax Laws

Definition of "Willful" in Civil Cases Includes Reckless Disregard of Tax Laws

District Court finds in FBAR penalty trial that the definition of willful in civil cases includes reckless disregard of tax laws. The Court found that the burden of proof in a civil FBAR penalty case was a mere preponderance of the evidence. The IRS was not bound by the opinion of General Counsel or its own manual that state that the definition of willful should be the same in civil cases as in criminal cases.

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