Wednesday, April 1, 2020

Recent Article on Prosecution for False Certification of Nonwillfulness (4/1/20)

I previously reported on the indictment of Brian Nelson Booker for false certification of nonwillfulness on the form for the IRS' Streamlined Offshore Domestic Program (SDOP).  Taxpayer Charged with False SFCP NonWillful Certification (Federal Tax Crimes Blog 8/26/19), here.

An outstanding tax crimes practitioner has just published an article that fleshes the discussion out.  Sharon L. McCarthy, Streamlined Disclosure in U.S. v. Brian Nelson Booker (CPA Journal 3/31/20), here.  Sharon is with Kostelanetz & Fink, here, and her bio is here.

Sharon's article is a short read, so I won't try to summarize it other than the concluding caveat:
Violators Will Be Prosecuted The criminal charges against former CPA Brian Nelson Booker, the first ever arising from the IRS’s Streamlined Domestic Disclosure Program, serve as an important reminder to all return preparers of their duties not only to report their own income honestly and correctly, but to provide sound advice to clients whose interest in a lower penalty may blind them to facts that indicate willful nonreporting. Tax advisors now have concrete proof, through the Booker indictment, that submission of fraudulent certifications in the SDOP could result in criminal prosecution.

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