I have blogged some reports of events at a criminal tax fraud and tax controversy conference sponsored by the American Bar Association Section of Taxation and Criminal Justice Section. I continue with a summary of a new article, Jeremiah Coder, Numerous New John Doe Summonses in the Works, 2012 TNT 238-1 (12/11/12). I have requested permission to post the article and will do so if I receive permission. In the meaning. The gravamen of the report is that Government officials are encouraging taxpayers to join OVDP 2012 because of the risk -- at least for some -- of worse consequences if they do not. Here is a summary of the reports:
1. John McDougal, a major IRS player in the offshore initiative:
a. The IRS has more John Doe Summonses being prepared, targeting banks and other entities in countries other than Switzerland.
b. The IRS' increased activity, including prosecutions, will increase the incentive to join OVDP.
c. The IRS is deploying the resources to handle the opt outs consistently through experienced agents, managers and counsel.
d. Opt out agents are taking "neutral positions" in order to properly apply the penalties."
e. Treaty requests are increasing and productive.
f. Checking the schedule B foreign account question "no" will not necessarily result in the willful penalty.
2. Mark Daly, a DOJ Tax attorney,
a. enablers of foreign bank accounts have found it in their interests to provide information to DOJ Tax.
b. The information received under the deferred prosecution agreement is not covered by the privacy restrictions of Section 6103. (JAT note: this apparently would not include the 4,500 (app) which I think was received under the Exchange of Information provision of the Double Tax treaty, so that it would be subject to Section 6103.)
3. Kevin Downing, a practitioner and formerly major DOJ Tax player in the offshore prosecutions: "taxpayers can expect future bombshell announcements to come from the government, in part because of whistleblower activity"
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