Publications

"Foreign Bank-Secrecy Laws: Making Amends with the IRS" (New York Law Journal, 2008)

"Foreign Bank-Secrecy Laws: Making Amends with the IRS" (New York Law Journal, 2008) by Robert Fink

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New SEC Enforcement Manual -- Better Late than Never

"New SEC Enforcement Manual -- Better Late than Never", New York Law Journal

Since its establishment in 1934, the policies and practices governing the Securities and Exchange Commission (SEC) have existed under a shroud of mystery accessible only to those who previously worked at the SEC or to those who represented parties in front of the commission.

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For Whom the Bell Tolls: How the IRS Picks Audit Targets

By Bryan C. Skarlatos
New York Law Journal
April 2008 

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.

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Effectively Representing Your Client Before the IRS

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)

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The Impact of Code Sec. 7491 Burden-Shifting in Tax Controversy Litigation

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.

 

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When Crime Doesn't Pay: The Tax Consequences of Criminal Conduct

By Megan L. Brackney
Journal of Taxation
November 2005 Edition

The oft-quoted maxim that"the power to tax is the power to de­stroy"' is keenly felt by those tax­payers convicted of committing financial crimes. Defendants preparing to plead guilty to such felonies are thinking predom­inantly about whether they are going to prison. They also may be considering how much restitution they are going to owe, whether they are going to lose their proper­ty through forfeiture, or whether they will have anything left after paying their legal fees.

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Circular 230: Legitimate Regulation or Unconstitutional Intrusion into the Attorney-Client Relationship?

By Megan L. Brackney
Journal of Tax Practice & Procedure
August - September 2005 Edition 

Megan Brackney discusses the new Circular 230, outlining First Amendment Free Speech concerns that have been raised and discussing the federal government’s previous attempts to regulate professional advice.

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BDO Seidman: Restricting the Tax-Practitioner Privilege in Tax Shelter Cases by Usman Mohammad

BDO Seidman: Restricting the Tax-Practitioner Privilege in Tax Shelter Cases

 

17 Journal of Taxation and Regulation of Financial Institutions 44 (Nov./Dec. 2003)

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The Changing Landscape of IRS Audits and Investigations

By Bryan C. Skarlatos
Journal of Tax Practice & Procedure
April - May 2003 Edition

Bryan Skarlatos looks at how the September 11. 2001. terrorist attacks have increased the level of attention to financial transactions. thereby leading government agents to find tax evasion schemes.

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Five Best and Five Worst Criminal Codes by Usman Mohammad

Five Best and Five Worst Criminal Codes 

 

95 Northwestern U. Law Rev. 1

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