Welcome to Hughes Noff Tax Law, LLC
We are delighted to introduce Hughes Noff Tax Law, LLC—a firm born from a shared vision to provide exceptional tax law services tailored to the unique needs of our clients. As we …
FBAR Penalties and the Treasury Offset Program: Tax Court Affirms IRS’s Denial of CDP Hearing
Introduction: In Jenner v. Commissioner, 163 T.C. 7 (Oct. 22, 2024) (link to opinion), the U.S. Tax Court held that the Internal Revenue Service (“IRS”) was under no obligation to provide a …
D.C. Circuit Upholds Tax Court Decision That John Doe Summons Precluded Qualified Amended Return
The Lamprecht case is a good reminder of how long and complex the path can be for international taxpayers to correct prior wrongs and come into compliance for federal income tax purposes. …
DC Circuit: Tax Court was Wrong; IRS has the Authority To Assess Form 5471 Penalties
Summary On Friday, May 3, 2024, the U.S. Circuit Court for the D.C. Circuit overturned the Tax Court’s decision in Farhy v. Commissioner, ___ F.4th ___ (D.C. Cir. 5/3/24) (link to opinion) …
Failure to File International Information Forms Allows IRS to Assess Taxpayer More Than Five Years Past Normal Statute of Limitations
The Fairbank case demonstrates the power of IRC § 6501(c)(8) to provide the IRS the ability to assess taxpayers many years after the normal statute of limitations is closed if the taxpayer …
IRS Grants Waiver of 60-Day Requirement for Fraud Victim to Make Rollover Contribution
The Internal Revenue Code provides the IRS with authority to waive the 60-day IRA rollover requirement “where the failure to waive such requirement would be against equity or good conscience, including casualty, …
John Doe Summons Extended SOL & Prevented Amended Returns From Fending Off IRS Penalties
In Lamprecht v Commissioner, TC Memo 2022-91 (link to case), a John Doe summons tolled the statute of limitations and allowed the IRS to assess a 20% accuracy related penalty more than …
Court Orders That Individual Must Repatriate $18+ million From Switzerland to Pay Willful FBAR Penalty Liability
On Tuesday October 26, 2021, Judge Bloom for the District Court of the Northern District of Florida adopted a Magistrate’s recommendation to issue an order to compel repatriation of funds to satisfy …
IRS Memo Requires Use of FATCA Data in Certain Collection Cases
On August 16, 2021, the IRS Director of Collection Policy issued a memorandum to provide guidance when FATCA[1] information should be used in IRS Collections cases. See SBSE-05-0821-0015 (the “Memo”) (available at …
Magistrate Recommends Order to Compel Repatriation of Funds to Pay FBAR Penalties
Overview A recent federal magistrate’s recommendation highlights a practical battle between the U.S. Government and a Defendant that is seeking to avoid payment of a $15+ million FBAR penalty: what happens if …
