All News

Michael Sardar presented "Working with Schedule C Taxpayers Without Complete Records: Reconstruction, Estimates, and Best Practices" at the Sid Kess's "Dealing with the IRS" seminar at Baruch College on Dec. 4.

Michael Sardar presented "Working with Schedule C Taxpayers Without Complete Records: Reconstruction, Estimates, and Best Practices" at the Sid Kess's "Dealing with the IRS" seminar at Baruch College on Dec. 4.

In the event of a loss of client records or due to poor record keeping, a paid preparer may need to help his client reconstruct the records and/or make estimates. This session covered tips and ideas on how to handle such issues from tax-return  preparation through audit and will include a review of the Schedule C Form, common Schedule C pitfalls, and the best practices for how the tax return preparer and client can utilize estimates and reconstructions in these situations.  The session also addressed the Cohan rule and the AICPA Statement on Standards with respect to the use of estimates. 

Share

Michael Sardar presented "Working With Schedule C Taxpayers Without Complete Records: Reconstruction, Estimates, And Best Practices" at the Sid Kess's "Dealing with the IRS" Seminar

Michael Sardar presented "Working with Schedule C Taxpayers Without Complete Records: Reconstruction, Estimates, and Best Practices" at the Sid Kess's "Dealing with the IRS" seminar at Baruch College on Dec. 4.

Read more Share

Lessons Learned from Getting to Not Guilty

By Sharon L. McCarthy and Jay R. Nanavati
For the Defense
December 2019, Vol. 4, Issue 4

Every criminal defense attorney knows that being indicted is a life-changing event for a client. In many cases, white-collar clients have never even been issued a traffic ticket and often are highly respected in their business communities. Yet a federal indictment for most white-collar offenses carries with it the prospect of not only a felony conviction, but prison time, which, in most cases, is determined by the amount of money at issue in the alleged crime. One of the most difficult decisions for the client is whether to accept a plea offer from the government and the certainty of a lower sentence even if only based on acceptance of responsibility, or risk going to trial and face what most certainly will be a higher sentence once the court has heard all of the government’s evidence. Once the client chooses to go to trial, the burden of that decision falls on trial counsel, who must do all that he or she ethically can to provide a vigorous, credible, effective defense of the client before a jury. In this article, we share lessons learned and successful trial strategies from three of our cases, based upon listening closely to our clients with an open mind. Of these cases, two trials ended in acquittal, and one ended in pre-trial dismissal of the indictment.

Read more Share

Getting Taxpayers' Consent to Disclose or Use Tax return Information Under IRC Section 7216

By Caroline Rule
The CPA Journal
November 2019 Edition

Under Internal Revenue Code (IRC) section 7216 and its concomitant regulations, a tax preparer must obtain the consent of a taxpayer before disclosing or using the taxpayer's tax return information when that consent is required. Section 7216 makes it a crime for any preparer to knowingly or recklessly disclose any information that is furnished to the preparer in connection with preparing a client's tax return, or use tax return information other than to prepare or assist in preparing that return, thus establishing a prohibition on disclosure or use of a taxpayer's tax return information without the taxpayer's prior consent. Treasury Regulations section 301.7216-2 then sets forth a great many instances where disclosure or use is in fact permitted without consent, as discussed in last month's column.

Treasury Regulations section 301.7216-3, discussed in this column, sets forth requirements that appply when a tax return preparer must seek a taxpayer's consent for a disclosure or use not authorized by section 301.7216-2. Section 301.7216-3, as well as Revenue Procedure 2013-14, sets forth additional requirements in connection with consent from taxpayers who file returns in the 1040 series.

Read more Share

Michael Sardar moderated the panel "Ethical Obligations To Report Misconduct by Other Practitioners and Taxpayers" at the 2019 New England IRS Representation Conference in Uncasville, CT

Tax practitioners should be mindful of their ethical obligation to report tax-related misconduct under the internal revenue laws, the Model Rules of Professional Conduct, and Circular 230.  This group of experienced panelists examined when, whether, and how to complain about professional misconduct by private practice and government attorneys or the Court. The panelists also discussed when, whether, and how to report tax-related misconduct by unscrupulous tax professionals.

Read more Share

Sharon L. McCarthy Moderated the Panel "Summons & Summons Enforcement" at the 2019 New England IRS Representation Conference in Uncasville, CT

Sharon L. McCarthy Moderated the Panel "Summons & Summons Enforcement" at the 2019 New England IRS Representation Conference in Uncasville, CT on November 22, 2019.

Read more Share

Sharon L. McCarthy Participated on the Panel "IRS Enforcement Update" at the 2019 New England IRS Representation Conference in Uncasville, CT

Sharon L. McCarthy Participated on the Panel "IRS Enforcement Update" at the 2019 New England IRS Representation Conference in Uncasville, CT on November 22, 2019.

 

Read more Share

Caroline D. Ciraolo Moderated "A Conversation with Nina Olson, Former National Taxpayer Advocate" at the 2019 New England IRS Representation Conference in Uncasville, CT

Caroline D. Ciraolo moderated "A Conversation with Nina Olson, Former National Taxpayer Advocate" at the 2019 New England IRS Representation Conference on November 22, 2019 in Uncasville, CT.

Read more Share

Caroline D. Ciraolo Presented "Criminal Aspects of IRS Collection Cases" at the 2019 New England IRS Representation Conference in Uncasville, CT

Caroline D. Ciraolo participated on the panel "Criminal Aspects of IRS Collection Cases" at the 2019 New England IRS Representation Conference in Uncasville, CT, on November 22, 2019. 

Read more Share

Stephen A. Josey Participated in the Panel Entitled "Give Me Back My Money: The Life of a Refund Suit," at the IRS Representation Conference on November 21, 2019

Stephen A. Josey participated in the panel entitled "Give Me Back My Money: The Life of a Refund Suit," at the IRS Representation Conference on November 21, 2019 in New Haven, CT.

Read more Share