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Posts Tagged abusive tax shelter

Former CPA Gets 3.5 Years in Prison, $100 Million Restitution For Tax Evasion Role

by Brian Mahany A former CPA and banker at Deutsche Bank AG was sentenced to 3-1/5 years and ordered to pay $115,700,000 for his role in helping clients evade taxes. David Parse will have to serve about 3 years before eligible for early release. He was convicted of mail fraud and obstruction charges. Prosecutors say [...]

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IRS Wins Tax Shelter Case – Will Claims Of Accounting Malpractice Follow?

by Brian Mahany Earlier this week the United States Tax Court ruled in favor of the IRS in a widely watched corporate tax shelter case. The test case, involving Bank of New York Mellon, could cost the bank $800 million. Although BONY has promised to appeal, the loss may create a waive of accounting malpractice [...]

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US Tax Court Disallows Xėlan 419 Plan

by Brian Mahany At least once a month we receive a call from a business owner or physician who lost money in a 419 plan. The “lucky” simply have made a lousy investment in some unneeded insurance. The unlucky receive a huge tax bill from the IRS and / or lost their money in some [...]

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Enter At Your Own Risk – Beware Shark Finned CLATs

by Brian Mahany When I was in Maui last January, several of the beaches had warning signs for sharks. Surfers were advised to enter the water at their own risk. This post discusses so-called shark finned CLATs or “Charitable Lead Annuity Trusts”. Investors are advised to invest at their own risk. CLATs have become a [...]

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Tax Shelter Convictions Reversed; Big Loss For DOJ & IRS

by Brian Mahany The U.S. Department of Justice has suffered a number of defeats lately in white collar criminal cases. While the DOJ still boasts a conviction record that would make any prosecuting agency happy, going after tax cheats appears to be getting more difficult. It’s either that or the IRS is focusing on the [...]

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419 Plan Holders Lose Major Appeals Court Decision

by Brian Mahany A decision last week may mean the end of any hope for relief by holders of welfare benefit plans. In April of last year, we reported on the Curcio decision in which the U.S. Tax Court ruled against 4 people that had purchased welfare benefit plans marketed by Benistar 419 Plan Services. [...]

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Captive Insurance Companies & Diversified Insurance Company

by Brian Mahany Captive Insurance Companies are certainly on the IRS’ radar screen these days. Yesterday, a colleague forwarded me a copy of a summons from the IRS to a New York attorney seeking information on the lawyer’s clients who had done business with Diversified Insurance Company. While getting a summons from the IRS is [...]

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Time Running Out For Holders Of 419 Welfare Benefit Plans

by Brian Mahany A decade ago, so called welfare benefit plans were the rage for small business owners. Insurance agents, financial planners and even tax attorneys were all out hustling clients to invest heavily in these plans. According to the promoters, business owners could contribute and sock away hundreds of thousands of dollars into the [...]

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Don’t Become A Material Advisor

[Ed. Note - the following guest post is by Lance Wallach. The post originally appeared in Accounting Today on July 1st of this year and is being reprinted here at the request of its author. In his post, Lance details the dangers faced by accountants and others who prepare returns that involve abusive tax shelters. [...]

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