Skarlatos and Brackney, �Preserving Privilege and Avoiding Penalties in Transactional Tax Advice,� American Bar Association, Annual Conference, New York, New York, August 9, 2008
Skarlatos and Brackney, “Preserving Privilege and Avoiding Penalties in Transactional Tax Advice,” American Bar Association, Annual Conference, New York, New York, August 9, 2008
On March 5, 2009 Fran Obeid will moderate The Hidden Cost of a Second Home. The panel will include: Bruce Kato, New York State's Deputy Director of Special Investigation; John Coniglio, Esq., New York State Audit Division; Gilda Mariani, Chief of the Money Laundering & Tax Crimes Unit at the Manhattan District Attorney's Office and Jack Trachtenberg, Esq. from Hodgson & Russ. The panel will discuss New York State and New York City residency and domicile rules. There will be an interactive discussion based upon a fact pattern that evolves from a civil tax audit inquiry to a criminal investigation and ultimately referral by a prosecutor. It will conclude with a summary of how to advise clients on how a second residence may have unintended consequences on New York State or New York City income taxes.
GETTING PERSONAL: UBS Case Shows Murky Tax Advice Realm
By Bryan C. Skarlatos
New York Law Journal
As April 15 rolls around again, every citizen faces the task of voluntarily disclosing his or her own income tax liability. Of course, the concept of "voluntary disclosure" is a misnomer because filing a tax return and paying taxes is not really voluntary. There are stiff monetary and even criminal penalties for those who fail to file a return or pay the correct amount of tax. A more accurate description of what happens every April 15 is that Americans "self-assess" their tax liability.
Effectively Representing Your Client Before the IRS
"Securing Information from the IRS," by Megan Brackney, Effectively Representing Your Client Before the IRS, (4th Ed. 2008)
Jerald David August Presented at the American Law Institute CLE Video Webcast Event, “Lee Sheppard on Current Tax Topics"
On Wednesday, January 23, 2008, Jerald David August presented at the American Law Institute CLE Webcast Event, “Lee Sheppard on Current Tax Topics"
Whether tax planning, compliance, litigation, or the legislative process is your forte, Lee Sheppard's insight on a variety of tax topics will strike you as provocative and practical. She will speak lawyer-to-lawyer with host, Jerald David August, a nationally recognized tax lawyer and long-standing ALI member. Mr. August, past Vice-Chair (Publications), ABA Tax Section, recently served as Editor-in-Chief of The Tax Lawyer, Vols. 58 & 59, and is also a member of the Editorial Board of The Practical Tax Lawyer.
Fink & Rule Win Dismissal of Indictment in
"Largest Criminal Tax Fraud Case in U.S. History"
Robert S. Fink and Caroline Rule obtained the dismissal of the indictment against their client, a former member of the accounting firm KPMG, in a prosecution which has been termed the "largest criminal tax fraud case in U.S. history." The indictment was dismissed against thirteen of nineteen defendants, on the ground that the prosecution violated the Fifth and Sixth Amendments to the United States Constitution by causing KPMG to change its former practice of reimbursing all legal fees of current and former employees.
By Megan L. Brackney
Journal of Tax Practice & Procedure
August - September 2007 Edition, Vol. 9 No. 4
Megan L. Brackney analyzes the impact of Code Sec. 7491 on tax controversy litigation.
As part of the IRS Restructuring and Reform Act of 1998,1 Congress enacted Sectlon 7491 of the Internal Revenue Code ("the Code"), which provides that where a taxpayer introduces credible evidence with respect to any factual issue relevant to ascertaining the taxpayer's liability, and has com plied with various substantiation and record-keeping requirements, the burden of proof with respect to such issue shifts to the IRS. This article analyzes the impact of Code Sec. 7491 on tax practice so far. First, I will briefly outline the requirements of Code Sec. 7491. Second, I will discuss the judicial view as to when Code Sec. 7491 is even relevant. Finally, I will argue how, thus far, Code Sec. 7491 has had a negligible impact on the outcome in civil tax cases.