Advanced Strategies for Challenging FBAR Penalties: Using Administrative Procedures Act In Defending Against Assessments
Recording of a 90-minute premium CLE/CPE webinar with Q&A
This course will provide tax counsel and advisers with a thorough and practical guide to strategies for administrative challenges and defenses against penalty assessments for FBAR violations. The panel will contrast the penalty structures between FBAR and other foreign-related information filings and focus on remedies available under the Administrative Procedures Act (APA) for challenging FBAR penalties.
Outline
- Significance of FBAR penalties under Title 31
- Potential application of Administrative Procedures Act to FBAR penalty defenses
- Strategic considerations for determining whether to make an APA argument
- Timing Issues
- Prior invocation of APA argument in FBAR case (Moore v. U.S.)
- Designing an FBAR defense strategy
Benefits
The panel will discuss these and other important topics:
- Why does the APA provide possible grounds for defending against FBAR penalty assessments that are not available to taxpayers challenging other IRS foreign-related penalties?
- Whether and at what point in the appeals process should taxpayers put forth an administrative challenged based on the APA?
- Should taxpayers go through a pre-assessment administrative review if they are considering an APA claim?
- What impact does an administrative claim under the APA have on the payment timing?
Faculty
Robert Horwitz
Principal
Hochman Salkin Toscher Perez
Mr. Horwitz has over 35 years of experience as a tax attorney specializing in the representation of clients in civil... | Read More
Mr. Horwitz has over 35 years of experience as a tax attorney specializing in the representation of clients in civil and criminal tax cases, including civil audits and appeals, tax collection matters, criminal investigations, administrative hearings and in civil and criminal trials and appeals in federal and state courts. Before entering private practice, he was a trial attorney in the U.S. Department of Justice Tax Division and the U.S. Attorney’s Office in Los Angeles, where he represented the United States in several hundred tax cases, involving areas as diverse as captive insurance companies, tax shelters, trust fund recovery penalties, manufacturers’ excise taxes, employment taxes, criminal investigations, and tax collection.
Close
Steven (Steve) Toscher
Managing Principal
Hochman Salkin Toscher Perez
Mr. Toscher has been representing clients for more than 35 years before the Internal Revenue Service, the Tax Divisions... | Read More
Mr. Toscher has been representing clients for more than 35 years before the Internal Revenue Service, the Tax Divisions of the U.S. Department of Justice and the Office of the United States Attorney, numerous state taxing authorities and in federal and state court litigation and appeals. Mr. Toscher enjoys a unique combination of solid criminal defense experience and extensive substantive tax experience to assist individuals and entities subject to sensitive government inquiries. He has considerable experience as lead counsel in defending criminal tax fraud investigations (both administrative and grand jury investigations) as well as in defending criminal tax prosecutions (both jury and non-jury). Mr. Toscher’s tax practice includes a wide array of substantive areas including income taxes, estate taxes, employment taxes, sales taxes and property taxes. He is routinely involved in sensitive issue or complex civil tax examinations and administrative appeals on behalf of wealthy individuals and their closely held entities as well as large corporations involving both domestic and foreign tax related issues.
Close
Anthony V. Diosdi
Moskowitz
Mr. Diosdi's practice focus is on U.S. international tax, litigation, and tax controversy. Prior to joining... | Read More
Mr. Diosdi's practice focus is on U.S. international tax, litigation, and tax controversy. Prior to joining his Firm, he was an international tax practitioner with a Big Four accounting firm and he worked in Singapore at one of the largest law firms in Asia where he assisted in matters involving international intellectual property disputes.
Close