Kostelanetz counsel Gray Proctor presented a virtual CLE session through the Florida Bar, “Tax Penalties after the Revolution of Summer ’24”.

The session covered how IRS penalties in future tax controversy and criminal tax fraud cases may be affected by the outcome of SEC v. Jarkesy, a Supreme Court case decided in June 2024 that found that the Seventh Amendment entitles a defendant to a jury trial when the Securities and Exchange Commission seeks civil penalties for securities fraud.

The Jarkesy decision is apt to be tested in the coming months and years, because the Supreme Court’s opinion arguably applies to “punitive” civil penalties imposed by other administrative agencies, including the IRS. Gray discussed potential federal policy responses that could result from the case if courts begin to find that taxpayers now have the right to a jury trial in federal district courts where tax penalties are contested.

The session was held on October 23, 2024, via Zoom, offering one hour of CLE credit for free to members of the tax section of the Florida Bar. You can learn more about this session and watch the recording here.

Gray is an experienced and accomplished appellate advocate who represents clients facing both civil and criminal penalties. He also maintains a trial support practice focusing on dispositive motions and other key issues upon which an appeal might follow.