I have just received a hardcopy of the Tax Practice & Procedure magazine for December 2009 - January 2010 which is dedicated to the 2009 Tax Controversy Institute. Articles in the magazine of particular interest to criminal tax practitioners are:
Nathan J. Hochman, Everything You Wanted to Know About How to Obtain a Prosecutorial Declination of a Federal Tax Case and Were Afraid to Ask.
Scott D. Michel, Undeclared Foreign Accounts -- Voluntary Disclosures and FBARs After the IRS Settlement Initiative.
Steven Toscher and Barbara Lubin, When Penalties Are Excessive -- The Excessive Fines Clause as a Limitation on the Imposition of the Willful FBAR Penalty.
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Note to readers, I will try to identify recent articles of interest to readers of this blog and, where I can obtain permission, try to have links to the articles for reading or downloading. If the reader comes across articles of interest to this blog, please let me know by email jack@tjtaxlaw.com. Thanks.
Thursday, February 11, 2010
2 comments:
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Note to readers and particularly to the author of a comment on these articles, I rejected a comment because the comment did not further the discussion I want for the blog. I urge readers to make comments that will be helpful to students and practitioners interested in the federal tax crimes subject.
ReplyDeleteThanks to all readers and to all persons taking the time to make comments. You may be sure that I appreciate your comments -- indeed, I usually appreciate even comments that I reject, for they say something to me even if not to the audience for my blog.
Jack Townsend
Jack,
ReplyDeleteCould you share your thoughts in a new thread on the third article here, Steven Toscher and Barbara Lubin, When Penalties Are Excessive -- The Excessive Fines Clause as a Limitation on the Imposition of the Willful FBAR Penalty. The article seems to conclude that the 50% FBAR penalty is an unconstitutional punishment. But no one appears to have contested the constitutionality of it in the plea deals brought so far, because those individuals could face greater criminal charges if they do not accept the proposed civil punishment. Your thoughts on the legality of the 50% FBAR penalty?