Failure to Maintain Business Records Can Lead to Prosecution

By Sanford Millar of MillarLaw A Professional Corporation On Monday, October 17, 2016

A recent appellate court case out of New York (U.S. vs. Marinello) affirmed the conviction for tax evasion of a taxpayer for failing to maintain business records and timely file income tax returns. The facts of the case are as follows: “In 1990, Marinello incorporated Express Courier Group/Buffalo, Inc. (“Express Courier”), a New York corporation.Express … Continue reading Failure to Maintain Business Records Can Lead to Prosecution

Is Mental Incapacity a Defense to Tax Penalties and FBAR Penalties?

By Sanford Millar of MillarLaw A Professional Corporation On Monday, June 27, 2016

The Tax Crimes Handbook of the Office of Chief Counsel, Criminal Tax Division of the Internal Revenue Service defines “Willfulness ” as follows: “[a] Willfulness is defined as the “voluntary, intentional violation of a known legal duty.” Cheek v. United States, 498 U.S. 192, 200-01 (1991); United States v. Pomponio, 429 U.S. 10, 12 (1976); … Continue reading Is Mental Incapacity a Defense to Tax Penalties and FBAR Penalties?

Domestic Voluntry Discloure as an Alternative to Indictment

By Sanford Millar of MillarLaw A Professional Corporation On Monday, June 8, 2015

The United States Attorney for the Southern District of New York announced that the “owner and operator of DNS Construction Corporation, was sentenced today in Manhattan federal court to a term of five years of probation and $883,730.52 in restitution for committing two counts of tax fraud by failing to pay over $800,000 in income … Continue reading Domestic Voluntry Discloure as an Alternative to Indictment

When do non-U.S. citizens pay income tax and report foreign financial accounts?

By of MillarLaw A Professional Corporation On Sunday, January 11, 2015

In a series of Frequently Asked Questions releases December 31, 2014, The Congressional Research Service provides some guidance on when non-U.S. citizens may be subject to U.S. income taxes. The report states as follows: “Non-citizens who may be subject to U.S. income taxes include legal permanent residents who are authorized to live and work in … Continue reading When do non-U.S. citizens pay income tax and report foreign financial accounts?

Informal surrender of Green Card doesn’t work

By of MillarLaw A Professional Corporation On Sunday, November 9, 2014

The recent decision of the U.S.Tax Court, in Gerd Topsnik, (2014) makes it clear that an “informal” surrender of a Green Card, while recognized under immigration laws is not recognized for tax purposes. As stated in Checkpoint, ” The Tax Court held that because the taxpayer did not formally abandon his lawful permanent resident “LPR” … Continue reading Informal surrender of Green Card doesn’t work