On March 23, 2023, the IRS included improper fuel tax credit claims in its growing 2023 Dirty Dozen list of abusive tax scams. IR-2023-55. The fuel tax credit is reserved for off-highway businesses and farming use and is claimed by filing Form 4136, Credit for Federal Tax Paid on Fuels.
On March 20, 2023, the IRS named widespread claims promoting Employee Retention Credits (ERC) to ineligible employers as the first entry on its 2023 Dirty Dozen list. This announcement follows three warnings issued by the IRS over the past six months related to the ERC program. See Kostelanetz’s previous alert
The Federal Criminal Procedure Committee of the American College of Trial Lawyers, now chaired by Steptoe & Johnson partner Brian Heberlig, who succeeded Kostelanetz partner Sharon L. McCarthy in that role, has published a white paper proposing an amendment to Fed. R. Crim. P. 23(a) to eliminate the requirement that the government
On March 7, 2023, the IRS issued IR-2023-40, its third warning in six months related to fraud and abuse in the Employee Retention Credit (“ERC”) program. The ERC, created under the CARES Act to assist businesses that continued to pay their employees during the COVID-19 pandemic, is a refundable tax
The Treasury Inspector General for Tax Administration (TIGTA) recently released a report that provided several recommendations for improving the IRS Appeals process for taxpayers. TIGTA’s report, released Feb. 10, 2023, evaluated how well the IRS Independent Office of Appeals (IRS Appeals) has implemented and complied with Section 1001 of the
Jay Nanavati participates in a conference entitled “Cocktails & Compliance” for the the 20/22 Act Society in San Juan, Puerto Rico, on March 31, 2023. Description: Jay Nanavati and Tom Duffy will address members of the 20/22 Act Society regarding tax compliance, IRS and DOJ enforcement initiatives, and defending potential
On February 28, 2023, the U.S. Supreme Court issued a groundbreaking decision in the case of Alexandru Bittner v. United States (No. 21-1195), holding that the penalty for a non-willful failure to file a Report of Foreign Bank and Financial Accounts (FBAR) applies on a per-report basis, and not on
Don Fort moderates a panel on IRS enforcement priorities at “What’s Coming Down the Hill,” an all-day event co-hosted by Kostelanetz LLP, KaiserDillon PLLC, and Georgetown University Law Center on March 13, 2023. Click here to learn more and register.
Don Fort presents a webinar titled “Coming Attractions: 2023 IRS Criminal and Civil Tax Enforcement Priorities, including the “Dirty Dozen”” for myCPE on March 10, 2023. Description: Tax season and times of crisis are when tax scams typically increase. The IRS publishes a list of the “Dirty Dozen” to help
Don Fort participates in a panel titled “Crypto Issues: Decrypting the Latest Developments and Enforcement Trends” at the Federal Bar Association’s 47th Annual Tax Law Conference in Washington, D.C., on March 6, 2023. Description: This panel discusses the latest cryptocurrency-related cases coming down, the docketed cases to watch, and expectations
