tag:blogger.com,1999:blog-1519969502186924526.post5065081008540067668..comments2023-10-24T08:00:53.865-05:00Comments on Federal Tax Crimes: IRS Identifies Its Dirty Dozen Tax Scams for 2013 (3/26/13)Jack Townsendhttp://www.blogger.com/profile/14469823736335455874noreply@blogger.comBlogger6125tag:blogger.com,1999:blog-1519969502186924526.post-30310418903288304482013-09-08T18:12:06.186-05:002013-09-08T18:12:06.186-05:00Credit Repair
Specialists that permanently delete ...Credit Repair<br />Specialists that permanently delete and block negative accounts from your<br />credit report, with a 99% effective success rate! We end the constant<br />collection calls and letters and Fix Your Credit within 30 Days. <a href="http://recovermyid.com/" rel="nofollow">identity theft credit repair</a>oveibardhannoreply@blogger.comtag:blogger.com,1999:blog-1519969502186924526.post-16103960793496067042013-03-27T10:16:03.284-05:002013-03-27T10:16:03.284-05:00Thanks, I should have included the case. Thanks f...Thanks, I should have included the case. Thanks for the reminder.<br /><br />Also, in citing the case under my discussion of bankruptcy discharges generally, I add the following;<br /><br />I do note in this regard that the “in lieu of” penalties imposed under the offshore bank voluntary disclosure programs may be dischargeable because, while they may be in whole or in part, in lieu of FBAR penalties, they are assessed as miscellaneous penalties under the Internal Revenue Code.<br /><br />Best,<br /><br />Jack TownsendJack Townsendhttp://www.tjtaxlaw.com/noreply@blogger.comtag:blogger.com,1999:blog-1519969502186924526.post-67701378151274901342013-03-27T09:42:27.242-05:002013-03-27T09:42:27.242-05:00Jack
There is a case (US vs Simonelli) where the ...Jack<br /><br />There is a case (US vs Simonelli) where the court denied discharge of an FBAR penalty in bankruptcy for precisely the reason you cite -- that it was not a tax penalty.Researchernoreply@blogger.comtag:blogger.com,1999:blog-1519969502186924526.post-51968497483607051892013-03-27T09:28:49.657-05:002013-03-27T09:28:49.657-05:00I have never attempted to compromise an FBAR penal...I have never attempted to compromise an FBAR penalty, but I suspect that there is a way to do that and think the debt collection statute contemplates possible compromise so long as other alternatives are considered.<br /><br />As to bankruptcy, here is what I have recently added to my drafts of the books:<br /><br />The FBAR penalty is likely not dischargeable in bankruptcy because it is a nontax “penalty . . . for the benefit of a government unit, and is not compensation for actual pecuniary loss.” [ footnote cite to 11 U.S.C. § 523(a)(7).]<br /><br />Best and thanks for your comments,<br /><br />Jack TownsendJack Townsendhttp://www.tjtaxlaw.com/noreply@blogger.comtag:blogger.com,1999:blog-1519969502186924526.post-86822340476382060242013-03-27T06:15:20.372-05:002013-03-27T06:15:20.372-05:00Jack, Offer in compromise is an IRS procedure to s...Jack, Offer in compromise is an IRS procedure to settle tax debts at a discount based on taxpayer's inability to pay. This procedure applies to tax debts under Title 26 (Internal Revenue Code). I am curious whether anyone has experience trying to compromise debts to the government under Title 31 (Bank Secrecy Act) and in particular the penalty for failure to list foreign financial accounts on the FBAR. If they cannot be settled with an OIC, how do you reach a deal with the government. And if you cannot, can the penalties be discharged in bankruptcy? The bankruptcy rules on tax debts would seem to be inapplicable, and I have little experience with other debts to the government. If the Anderson's had filed for bankruptcy, could the FTC fine have been discharged?aaaResearchernoreply@blogger.comtag:blogger.com,1999:blog-1519969502186924526.post-13091862157256819662013-03-27T03:31:23.899-05:002013-03-27T03:31:23.899-05:00Steven Toscher and Edward Robbins join other forme...Steven Toscher and Edward Robbins join other former U.S. Department of Justice and Internal Revenue Service officials in requesting the Supreme Court to Uphold the Taxpayers Fifth Amendment Rights and Preclude the Use of Grand Jury Subpoenas Requiring the Production of Foreign Bank Records<br />http://www.taxlitigator.com/main/images/stories/Amicus.pdfLoverboynoreply@blogger.com