Orange County Tax Attorney Blog

Buffet Owner Pleads Guilty to Tax Evasion

I have previously blogged about non-income tax evasion cases prosecuted locally.  A little further away, there is another example, here where a buffet owner pleaded guilty […]

Fullerton Man Pleads Guilty to False Return Preparation

A local return preparer has pleaded guilty to preparing returns claiming over a million dollars in false refunds.  In the height of tax season, this operates […]

San Diego Legalizes Recreational Marijuana Dispensaries and Looks Forward to Taxing Them

The San Diego Union Tribune recently published an article highlighting the City of San Diego’s   recent approval of recreational marijuana dispensaries.  As has been implicit […]

Stolen Identity Refund Fraud Committed by Inmate

In my experience as a federal tax prosecutor, I have previously seen cases where someone in prison (in one case on charges of return fraud already) […]

The Value of a Tax LLM After Your First Job: Part 2.2 of “Is Getting a Tax LLM a Good Idea?”

In an earlier post, I discussed whether a tax LLM was worth the cost largely as a function of its affect on landing one’s first tax […]

FINCEN to Allow Automatic Extensions of FBAR Deadline

As noted in a prior post (here), H.R. 3236 became Public Law No. 114-41 and provided several directives to the Secretary of the Treasury to issue regulations providing […]
What is an IRS jeopardy levy

What Is An IRS Jeopardy Levy?

When the IRS “makes a finding that the collection of such tax is in Jeopardy,” the IRS can make notice and demand for immediate payment and, […]
When can IRS levy bank account

When Can the IRS Levy or Garnish?

When can the IRS levy or garnish your wages or bank accounts? In general, the IRS can issue a levy after the tax is assessed (meaning […]
Full payment rule tax penalties interest

Does the Full Payment Rule in District Court Tax Refund Suits Include Tax, Penalties, and Interest?

Does the Full Payment Rule in Federal District Court Tax Refund Suits Include Tax, Penalties, and Interest? It has long been the law that, before a […]

Using Interpreters in Summary Judgment Motions In Federal District Court

Using Interpreters in Summary Judgment Motions in Federal District Court Interpreters are generally used in two contexts in relation to summary judgment motions in federal district […]
Will the IRS waive penalties

Will the IRS Waive Penalties?

Will the IRS Waive Penalties? In general, with the exception of the fraud penalty, most IRS penalties will not apply where the taxpayer had reasonable cause […]

The Limits of Waivers of Attorney Conflicts of Interest In Federal Criminal Cases

The Sixth Amendment to the Constitution provides that “[i]n all criminal prosecutions, the accused shall enjoy the right . . . to have the Assistance of […]

When Can I take Casualty Theft Losses On My Tax Return?

When Can I take Casualty Theft Losses On My Tax Return? Per 26 U.S.C. § 165(c) casualty loss deductions can be taken for theft.  Per IRS […]
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Does the IRS Have Discretion to Apply Lower FBAR Penalties?

Does the IRS Have Discretion to Apply Lower FBAR Penalties? On May 13, 2015, the IRS issued a memorandum to all IRS LB&I, SB/SE, and TE/GE […]
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What Actions Extend the Length of the IRS’s Time to Collect?

What Actions Extend the Length of the IRS’s Time to Collect? Under the general rule, the IRS must collect taxes within 10 years of the date […]