This article provides advice for guiding clients that seek to discharge taxes in bankruptcy and practical guidance to help avoid common...

On Oct. 14, 2021, the Ninth Circuit Court of Appeals in  Berkovich  affirmed the decision from the Bankruptcy Appellate Panel (BAP) that...

This article examines strategies for handling an IRS investigation of international returns, and recommends ways to improve audits,...

<p>This paper was presented to the IRS in Washington, D.C. at the California Lawyers Association, Taxation Section, 2019 Washington D.C. Delegation. The proposal was prepared by Steven L. Walker and Adria Price, members of the Tax Procedure &amp; Litigation Committee.</p>

<p>Has a client received a letter from the IRS asking to schedule an appointment to examine the client&#8217;s compliance with the requirement to file FinCEN Report 114, Report of Foreign Bank and Financial Accounts (FBAR)? Although an FBAR examination is not an income tax examination, the client may be liable for penalties for failure to&#8230; </p> <div class="clear"></div> <p><a href="https://walk-law.com/is-your-client-the-subject-of-an-fbar-examination/" class="excerpt-r

<p>Recently, in a closely watched case, the California Superior Court in San Francisco rejected the Franchise Tax Board’s long-standing approach to the taxation of trusts.  The court determined that all income, including California-source income, is subject to the apportionment formula set forth in California Revenue &amp; Taxation Code Section 17743, et seq.</p>

<p>On Nov. 30, 2017, after a lengthy summons enforcement proceeding, a federal district court issued an order granting in part and denying in part the IRS&#8217;s petition to enforce the summons. The court&#8217;s order (Coinbase, Inc., No.17-cv-01431-JSC (N.D. Cal. 11/28/17) (order re: petition to enforce summons) requires Coinbase to produce the following documents for accounts&#8230; </p> <div class="clear"></div> <p><a href="https://walk-law.com/irs-closer-obtaining-virtu

<p>On November 3, 2017, the IRS announced the roll out of 11 Large Business and International (LB&amp;I) Compliance Campaigns.LB&amp;I previously announced the roll out of its first 13 campaigns on 1/31/17. In an effort to make the best use of its limited resources, the IRS is moving toward “issue-based examinations” in which a civil tax&#8230; </p> <div class="clear"></div> <p><a href="https://walk-law.com/irs-new-compliance-campaigns-international-audits-individuals/" class

<p>Mr. Walker was invited to Washington D.C. by the Taxation Section, State Bar of California, to present a position paper regarding how to classify a dual resident taxpayer (file a Form W-9 or a Form W8-BEN).  The paper was presented to the Internal Revenue Service, United States Treasury Department, U.S. Tax Court, and Congressional personnel&#8230;. </p> <div class="clear"></div> <p><a href="https://walk-law.com/dual-residents-treasury-regulations-section-301-7701b-7-treat

<p>This article examines the concept of willfulness in the context of international tax enforcement, focusing on the factors that can transform a civil tax case into a criminal tax matter. &nbsp;</p>

<p>Tax professionals who advise clients on issues with FinCEN Form 114, Report of Foreign Bank and Financial Accounts (FBAR), should become familiar with IRS Memorandum SBSE-04-0515-0025, “Interim Guidance for Report of Foreign Bank and Financial Accounts (FBAR) Penalties” (5/13/15). The guidance is significant because it provides procedures to ensure consistency and efficiency in the IRS’s&#8230; </p> <div class="clear"></div> <p><a href="https://walk-law.com/irs-provides-gu

<p>On June 18, the IRS announced major changes to its offshore voluntary compliance programs, providing new options to help taxpayers residing both overseas and in the United States. The changes are intended to give thousands of people a new avenue to comply with their U.S. tax obligations (IR-2014-73). Modifications were made in response to public&#8230; </p> <div class="clear"></div> <p><a href="https://walk-law.com/guide-irs-new-streamlined-offshore-compliance-program/" cl

<p>In the government’s criminal investigation and charging of Credit Suisse AG with helping U.S. taxpayers evade taxes, the IRS used a new and little-known provision of the code, section 6201(a)(4), to ensure that the Swiss bank paid $666.5 million in restitution to the Service. This article examines the effect of the IRS’s restitution-based assessment on&#8230; </p> <div class="clear"></div> <p><a href="https://walk-law.com/swiss-bank-credit-suisse-impact-u-s-clients/" class

<p>Mr. Walker was invited to Washington D.C. by the Taxation Section, State Bar of California, to present a position paper regarding The Modification and Compromise of Restitution Orders in Criminal Tax Cases.  The paper was presented to the Internal Revenue Service, United States Treasury Department, U.S. Tax Court, and Congressional personnel.</p>

<p>During the course of an IRS investigation, the IRS has the authority to issue an administrative summons seeking records and testimony (Sec. 7602).  The IRS may summons records, whether they are in the taxpayer’s or a third party’s possession, including in the possession of the taxpayer’s business associates, acquaintances, prior employers, and even financial institutions&#8230; </p> <div class="clear"></div> <p><a href="https://walk-law.com/can-taxpayer-refuse-irs-summons/

<p>On Aug. 29, 2013, the U.S. Department of Justice (DOJ) and the Swiss Federal Department of Finance signed a joint statement aimed at resolving tax compliance issues unique to Switzerland. As part of this combined enforcement effort, the DOJ announced a new program that is intended to provide a path for Swiss banks that are&#8230; </p> <div class="clear"></div> <p><a href="https://walk-law.com/swiss-banks-send-letters-u-s-account-holders-americans-risk/" class="excerpt-read

<p>A recent revenue procedure and chief counsel notice reflect significant IRS policy and procedural changes for claims under section 6015(f). The IRS has relaxed the eligibility conditions for innocent spouse relief, and for the first time, there is now uniform law in the Tax Court. A taxpayer obtains a de novo trial, and there is&#8230; </p> <div class="clear"></div> <p><a href="https://walk-law.com/irs-changes-policy-relaxes-rules-innocent-spouse-relief/" class="excerpt-re

<p>This paper provides a framework for discussing the implementation of a voluntary disclosure program for individuals and businesses with the California Franchise Tax Board.  The Internal Revenue Service has had a voluntary disclosure program for more than half a century, and it provides a mechanism for taxpayers to get back into compliance by making a&#8230; </p> <div class="clear"></div> <p><a href="https://walk-law.com/proposed-voluntary-disclosure-program-california-fran

<p>Individuals should exercise prudence in evaluating transactions designed to generate paper losses on federal income tax returns—so-called tax shelters.  Taxpayers should focus on the value of the underlying asset reported on the return and ask whether that valuation makes sense. In an unusual move, the U.S. Tax Court recently overturned its precedent to side with&#8230; </p> <div class="clear"></div> <p><a href="https://walk-law.com/irs-will-not-let-investors-off-hook-over

<p>This article examines what can happen to an individual who fails to report foreign bank accounts on FinCEN Form 114 to the Internal Revenue Service.</p>