Civil & Criminal Tax Penalties

Chair: Caroline D. Ciraolo, Kostelanetz & Fink LLP, Washington, DC
Vice Chairs: Jenny Johnson Ware, Johnson Moore, Chicago, IL; Michael A. Villa Jr., Meadows Collier Reed Cousins Crouch & Ungerman LLP, Dallas, TX; Brian C. McManus, Latham & Watkins LLP, Boston, MA

Reports of Subcommittees on Important Developments.
Important Developments (Civil) – Michelle F. Schwerin, Capes Sokol, St. Louis, MO and Claire H. Taylor, Stokes Lawrence, Seattle, WA; Important Developments (Criminal) – Evan J. Davis, Hochman Salkin Toscher & Perez PC, Beverly Hills, CA and Sara G. Neill, Capes Sokol, St. Louis, MO; International Tax Enforcement – Bruce Zagaris, Berliner Corcoran & Rowe LLP, Washington, DC, Sahel A. Assar, Buchanan Ingersoll & Rooney, PC, Washington, DC, and Joseph M. Erwin, Dallas, TX; IRS Investigations and Practices – Mary Wood, Meadows Collier Reed Cousins Crouch & Ungerman LLP, Dallas, TX and Eric L. Green, Green & Sklarz LLC, New Haven, CT; Legislative and Administrative Developments – Beverly Winstead, The Law Office of Beverly Winstead, LLC and Robert J. Kovacev, Steptoe & Johnson, Washington, DC; Monetary Violations and Forfeitures – Chad Nardiello, Nardiello Law Firm, Los Angeles, CA, Joseph A. Rillotta, Drinker Biddle & Reath LLP, Washington, DC, and Matthew D. Lee, Fox Rothschild, LLP; Offshore Compliance and Enforcement – Arielle Borsos, Office of Chief Counsel, IRS, Washington, DC, Victor Jaramillo, Caplin & Drysdale, Chtd, Washington, DC, and Michael Sardar, Kostelanetz & Fink LLP, New York, NY; Sentencing Guidelines – Phillip Colasanto, Agostino & Associates, PC, Hackensack, NJ, and Jeffrey A. Neiman, Marcus Neiman Rashbaum & Pineiro, LLP, Fort Lauderdale, FL

Update: Tax Division, U.S. Department of Justice.
Moderator: Caroline D. Ciraolo, Kostelanetz & Fink LLP, Washington, DC
Panelist: Richard Zuckerman, Principal Deputy Assistant Attorney General, Tax Division, Department of Justice, Washington, DC

The Long Road: Laying the Foundation for Trial during the Audit.
With an eye towards the courtroom, this panel will discuss what tactics and strategies that need to be considered as early as the initial letter commencing an audit, including how to respond to IDR, whether to insist on the issuance of a summons, does it make sense to quash/not respond to a summons, should the Taxpayer agree to be interviewed and should the Taxpayer answer substantive questions. And then once the trial begins, the panel will discuss how to subpoena government witnesses, whether to stipulate to certain facts, how to deal with the admissibility of foreign records, and how best to prepare your client to testify.
Moderator: Jeffrey A. Neiman, Marcus Neiman Rashbaum & Pineiro LLP, Ft. Lauderdale, FL
Panelists: Nicole Elliott, Holland & Knight LLP, Washington, DC; Sandy Boxerman, Capes Sokol, St. Louis, MO; Frank Agostino, Agostino & Associates, Hackensack, NJ; Kevin Downing, Law Office of Kevin Downing, Washington, DC

The Age of Promoter Penalties: Fighting the Good Fight.
Tax and other professionals often give advice on things like how to structure an investment in a business venture, sell an asset, plan for retirement or pass wealth to the next generation. Sometimes a practitioner’s tax advice turns out to be wrong and the IRS assesses a tax deficiency against the taxpayer. In today’s enforcement environment, with a heightened focus on captive insurance companies, syndicated conservation easements, foreign trust arrangements, and other tax advantaged structures, it is critical to understand the various promoter penalties, available defenses, and best practices. The panel will also discuss possible options for extricating clients from such transactions.
Moderator: Matthew Mueller, Wiand Guerra King, Tampa, FL
Panelists: Lawrence A. Sannicandro, McCarter & English LLP, Newark, NJ; Lewis A. Booth, Office of Chief Counsel, Internal Revenue Service, Houston, TX; Jenny Johnson, Johnson | Moore, Chicago, IL

A Client with a Cryptocurrency Issue Just Called – What Now?
With the issuance of Revenue Ruling 2019-24 and new FAQs regarding the tax treatment of cryptocurrencies, the IRS obtaining information from various sources identifying taxpayers who own cryptocurrencies, IRS Field Collection requiring disclosure of cryptocurrencies on Forms 433-A, Collection Information Statements, and pending criminal investigations, taxpayers who formerly resided in the shadows are coming to the surface and seeking advice. The panelists will discuss what you need to know before your first meeting with a client facing cryptocurrency issues, including the latest IRS and FinCEN guidance on crypto-currencies, crypto-related issues arising in examinations and criminal investigations, and available paths for the non-compliant.
Moderator: Sandra R. Brown, Hochman Salkin Toscher & Perez PC, Beverly Hills, CA
Panelists: Jason B. Freeman, Freeman Law PLLC, Frisco, TX; Victor Jaramillo, Caplin & Drysdale Chtd., Washington, DC; Michael DePalma, Special Agent in Charge, Criminal Investigation, IRS, Miami, FL; Christopher Wrobel, Special Counsel, IRS Office of Chief Counsel, Income Tax and Accounting, Washington, DC