Kostelanetz attorneys will be speaking on various panels at the American Bar Association’s 2024 Criminal Tax Fraud and Tax Controversy Conference, which is being held from Dec. 12-14, 2024, in Las Vegas. Our lawyers will demonstrate their experience and knowhow on topics ranging from defense of high-wealth taxpayers and ethical
Kostelanetz partner Christopher M. Ferguson was quoted in a Forbes article about the end of the Employee Retention Credit (ERC) voluntary disclosure program (the ERC-VDP). The ERC-VDP, which ended on November 22, 2024, was an IRS initiative that permitted businesses to return refunds they erroneously received on questionable ERC claims
Kostelanetz partner Christopher Ferguson will speak at the IRS Representation Conference on November 8, 2024. He is a panelist for the session “Enforcement Trends: What’s Hot and What’s Not” that will be held from 10:15 AM to 11:05 AM Eastern. The panel will cover a variety of tax enforcement topics,
Bryan C. Skarlatos was quoted in a recent Wall Street Journal article titled “A Tax-Shelter Crackdown Uncovers a Dentist’s ‘Smile High Trust,’” which examines IRS enforcement efforts against tax shelter promotions involving alleged tax-reducing trusts that are targeted to “wealthy individuals, business owners and professionals like doctors and lawyers.” The
Yesterday, the U.S. Treasury Department issued final regulations (TD 10007, RIN 1545-BQ39) that identify certain syndicated conservation easement transactions (SCE) and substantially similar transactions as “listed transactions.” These SCE transactions must be reported on Form 8886, Reportable Transaction Disclosure Statement. In addition, material advisers to any reportable transaction are required
TaxNotes quoted Christopher M. Ferguson on the implications of Loper Bright for IRS enforcement actions against ERC promoters in an article titled “ERC Compliance Announcement on the Horizon,” published July 29, 2024. The article discusses the list of additional warning signs of incorrect claims the IRS recently released to help businesses
By Christopher M. Ferguson Bloomberg Tax August 1, 2024 The US Supreme Court’s ruling overturning Chevron deference, as well as the IRS’s own policies, suggest the IRS may be employing a harsh and legally unsustainable standard in assessing the merits of employee retention credit claims. If true, the IRS may need to
Before the end of the U.S. Supreme Court’s term in June, the Court issued a landmark decision in SEC v. Jarkesy, et al., holding that the Seventh Amendment entitles a defendant to a jury trial when the U.S. Securities and Exchange Commission (“SEC”) pursues civil penalties for securities fraud. The
Proposed Bill Would Bar ERC Claims After January 31 and Increase Promoter Penalties Today, House Ways and Means Committee Chairman Jason Smith (R-Mo.) and Senate Finance Committee Chairman Ron Wyden (D-Ore.) proposed a bipartisan bill that would bar the filing of Employee Retention Credit (“ERC”) claims after January 31, 2024. The proposed
On December 21, 2023, the IRS announced a much-anticipated Voluntary Disclosure Program (“the Program”) that allows businesses to repay funds received as a result of filing erroneous Employment Retention Credit (ERC) claims. Program participants are required to pay back 80 percent of improper ERC refunds and will avoid penalties and
