Willful blindness

From the Tax Law Offices of David W. Klasing - Supreme Court Declines to Decide if FBAR Penalties Violate the 8th Amendment Prohibition on Excessive Fines

Retrieved on: 
Thursday, February 23, 2023

The District Court found that the penalty was not excessive, even if analyzed as a fine under the 8th Amendment.

Key Points: 
  • The District Court found that the penalty was not excessive, even if analyzed as a fine under the 8th Amendment.
  • Furthermore, upon review, the Supreme Court declined to decide whether FBAR penalties are subject to protections set forth by the excessive-fines clause.
  • Our team at the Tax Law Offices of David W. Klasing is prepared to help.
  • The U.S. Supreme Court has declined to answer whether FBAR penalties are subject to 8th Amendment protections against excessive fines.

From the Tax Law Offices of David W. Klasing - How to Avoid Draconian Penalties & Criminal Tax Exposure on Your Foreign Bank Accounts and Offshore Income Generating Assets and Businesses

Retrieved on: 
Wednesday, April 13, 2022

At the Tax Law Offices of David W. Klasing, our seasoned Dual Licensed Tax Attorneys and CPAs have years of experience dealing with the IRS.

Key Points: 
  • At the Tax Law Offices of David W. Klasing, our seasoned Dual Licensed Tax Attorneys and CPAs have years of experience dealing with the IRS.
  • One of these disclosure requirements is the Report of Foreign Bank and Financial Accounts, or FBAR.
  • Regardless of your business or estate needs, the professionals at the Tax Law Offices of David W. Klasing are here for you.
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    SOURCE Tax Law Offices of David W. Klasing, PC

How difficult is it for the IRS to prove you willfully failed to meet your Foreign Bank Account Reporting (FBAR) requirements?

Retrieved on: 
Thursday, March 10, 2022

The revised penalty amount of 50% of the balance of the foreign account, is significantly larger than the previous limitation of just $100,000.

Key Points: 
  • The revised penalty amount of 50% of the balance of the foreign account, is significantly larger than the previous limitation of just $100,000.
  • Courts have recently upheld such a hefty penalty, finding that the IRS is not limited to just the $100,000 penalty .
  • To prove intent, in this context, courts look to see if the taxpayer acted intentionally, deliberately, and without justifiable excuse.
  • Specifically when completing the tax return, the taxpayer is asked about their control or interest in a foreign bank account.

AHF Dumbfounded by Gilead’s Claim of No AIDS Stigma Today

Retrieved on: 
Thursday, September 16, 2021

Gileads assertions denying the existence of stigma surrounding HIV/AIDS today came about in its response to multiple personal injury lawsuits by patients taking Gilead medications.

Key Points: 
  • Gileads assertions denying the existence of stigma surrounding HIV/AIDS today came about in its response to multiple personal injury lawsuits by patients taking Gilead medications.
  • AHF supported many of the plaintiffs lawsuits, which likely led to Gileads discovery requests for its mailing lists.
  • Its official, according to Gilead: there is no longer any stigma around AIDS today, said Michael Weinstein, president of AHF.
  • I suppose that means Gilead wasted a lot of money on its recentand dishearteningGLAAD/Southern AIDS Coalition study documenting the ongoing and severe stigma around HIV and AIDS.

From the Tax Law Offices of David W. Klasing - What is "Willful Blindness" in Relation to Tax Crimes?

Retrieved on: 
Wednesday, July 7, 2021

Willful blindness can be a difficult hurdle to navigate in a court of law.

Key Points: 
  • Willful blindness can be a difficult hurdle to navigate in a court of law.
  • This is certainly the case in white-collar and tax cases, where the type of knowledge that the prosecution must prove is often complex.
  • If you are facing criminal tax charges from the IRS, or if you are concerned about a potential case against you, it is important that you contact the dually licensed Tax Attorneys and CPAs at The Tax Law Offices of David W. Klasing.
  • Call our offices today at (800) 681-1295 or schedule a reduced rate consultation online here
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    SOURCE Tax Law Offices of David W. Klasing, PC

Non-Disclosure of Foreign Financial Accounts at Ever Increasing Risk of Criminal Tax Prosecution Especially Where Taxable Offshore Income Went Unreported

Retrieved on: 
Tuesday, March 9, 2021

IRVINE, Calif., March 9, 2021 /PRNewswire/ --Defendants faced with criminal prosecution for non-disclosure of foreign financial accounts can face a lowered bar as to what constitutes willful criminal behavior.

Key Points: 
  • IRVINE, Calif., March 9, 2021 /PRNewswire/ --Defendants faced with criminal prosecution for non-disclosure of foreign financial accounts can face a lowered bar as to what constitutes willful criminal behavior.
  • Generally, a jury must be convinced beyond a reasonable doubt that the defendant's willful blindness or other acts were to preserve ignorance of the law.
  • The penalties assessed for a violation largely depend on the frequency of the violation and the amount of income that went unreported.
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    SOURCE Tax Law Offices of David W. Klasing, PC