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Court Seems to Hold that Tax Willfulness Good Faith Defense Requires the Defendant to Testify (6/15/22)

In Darst v. United States (M.D. Fla. Case No. 8:21-cv-1292-WFJ-JSS Order dated 6/13/22), CL here, Darst had long ago been convicted of tax obstruction and four counts of failure to  file tax returns.  Darst sought belatedly to overturn his convictions with a petition for writ coram nobis and motion to compel discovery of documents.  The […]

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Ninth Circuit Clarifies Affirmative Act for Evasion of Assessment After Return Filed Can Restart Statute Of Limitations (1/27/22)

In United States v. Orrock , ___ F.4th ___, 2022 U.S. App. LEXIS 2373 (9th Cir. 1/26/22), CA9 here, the Court resolved potential confusion in the 9th Circuit as to whether the evasion of assessment statute of limitations runs from (i) the first date that all elements of the crime existed (often in evasion of […]

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Former IRS Tax Advocate Employee Indicted for Tax Evasion and Tax Obstruction (10/21/21)

DOJ Tax announced here the indictment of Wayne M. Garvin, previously Supervisory Associate Advocate with IRS’s Taxpayer Advocate Service in Philadelphia.  The indictment on CL is here.  The indictment charges three counts of tax evasion (§ 7201) and two counts of tax obstruction (§ 7212(a)).  The counts relate to false deductions on income tax returns […]

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Defendant Sentenced to 2 Years for FBAR and Tax Evasion Conviction After Guilty Plea (5/15/21)

DOJ Tax issued this press release:  Florida Man Sentenced for Evading Taxes on Millions in Secret Offshore Bank Accounts (2/14/21), here.  Key excerpts are: A resident of Palm Beach County, Florida, was sentenced to 24 months in prison for not reporting his foreign financial accounts from 2006 through 2015 and for willfully evading the assessment […]

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Panama Papers Produces Another Plea and Conviction, Previously Sealed (3/7/21)

The International Consortium of Investigative Journalists (“ICIJ”) has this release announcing the plea, conviction and sentencing of a person, Joachim Alexander von der Goltz, implicated in the Panama Papers disclosures.  As reported, this is the third person brought to justice pursuant to the Panama Papers disclosures.  One of the others convicted was Joachim Alexander’s father, […]

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Tax and FBAR Crimes and Related Naturalization Crimes (2/11/21)

DOJ issued this Press Release:  Former Florida Resident Indicted for Tax Evasion and Failing to Report Foreign Bank Accounts (2/10/21), here.  The thing that, I think, should be most interesting to readers are the naturalization charge which, apparently, relates to the tax charges (at least the offshore income and accounts).  The key excerpts of the […]

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Third Circuit Discussion on Violation of Legal Duty with Other Reasonable Interpretations of Duty (1/13/21)

In United States v. Harra, ___ F.3d ___ (3rd Cir. 2021), here, the Court held (as summarized at the opening of the opinion): When a defendant is charged with false reporting based on an ambiguous reporting requirement, what is the prosecution’s burden at trial as to the element of falsity? Is it sufficient for the […]

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Update on Brockman Indictment (11/11/20)

I previously posted on the Brockman indictment in ND CA.  One Big Fish Indicted and Lesser Big Fish Achieves NPA for Cooperation (Federal Tax Crimes Blog10/16/20), here. There have been some developments via pre-trial motion practice that I note in this blog.  (Readers may follow these and future developments either on PACER (requiring fees) or […]

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The Unspotted Issue in an Audit; Ethics and Crimes (7/24/20)

In an ABA Tax Section Court Procedure Virtual meeting on Wednesday, there was a one-hour discussion of ethical issues in handling a matter in the Tax Court.  The participants in the discussion were: • Judge L. Paige Marvel, United States Tax Court, Washington, D.C.• Elizabeth G. Chirich, Chief, Branch 1, Procedure & Administration, IRS Office […]

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The Unspotted Issue in an Audit; Ethics and Crimes (7/24/20; 7/28/20)

In an ABA Tax Section Court Procedure Virtual meeting on Wednesday, there was a one-hour discussion of ethical issues in handling a matter in the Tax Court.  The participants in the discussion were: • Judge L. Paige Marvel, United States Tax Court, Washington, D.C.• Elizabeth G. Chirich, Chief, Branch 1, Procedure & Administration, IRS Office […]