The Tax Lawyer Blog: Topical thinking from the lawyers at Moskowitz, LLP

The State of California Seeks Back Taxes from Small-Business Shareholder – Not So Fast

Posted on February 13, 2013February 19, 2019 by Moskowitz LLP State & Local Taxation,

A closer look at federal constitutional case law would seem to indicate that the State of California may not find it so easy to seek back taxes from small-business shareholders after all. In Cutler v. Franchise Tax Board, the Second District Court of Appeal held that because the purpose and...

More than 1 Million Californians did not file state income tax returns for 2011

Posted on February 7, 2013February 19, 2019 by Moskowitz LLP State & Local Taxation,

While most Californians are starting to file their state income tax returns for 2012, a few may still have to get their 2011 affairs in order. According to a January press release from the Franchise Tax Board (FTB), the agency has begun the process of reaching out to any state...

Filing 2012 tax returns is bound to be a more frustrating process for California’s wealthiest residents

Posted on January 27, 2013April 1, 2022 by Moskowitz LLP State & Local Taxation, Tax Planning & Compliance,

For California's wealthiest residents, filing their 2012 tax returns is bound to be a more frustrating process. In November 2012, a public vote led to the passage of Proposition 30, which retroactively increases tax rates for state residents earning $250,000 or more per year. The federal fiscal cliff deal that...

Be sure to avoid these common errors this tax season

Posted on January 25, 2013February 19, 2019 by Moskowitz LLP Tax Planning & Compliance,

Every year, countless taxpayers fall victim to the same filing traps, which can result in delayed refunds and much-dreaded audits. And, with all of the regulation changes put in place this year, both on the federal and state level, it is all the more important for everyone to avoid some...

San Diego woman gets Prison Sentence for State Income Tax Evasion with White Collar Enhancement

Posted on January 18, 2013February 19, 2019 by Moskowitz LLP Criminal Tax Law,

This article follows our October post regarding the California tax prosecution of San Diego resident, Sarah Thompson. The 36 year old woman pleaded guilty in October 2012. She has now been sentenced to 4 years in state prison for income tax evasion with a white collar crime enhancement (also pleaded...

IRS Continues Offshore Bank Account Crackdown in 2013

Posted on January 10, 2013February 19, 2019 by Moskowitz LLP Tax: Audits, Litigation & Collection, International Taxation,

The IRS has started 2013 with a win by obtaining a guilty plea from Wegelin for conspiring with U.S. taxpayers and others to hide more than $1.2 billion in secret Swiss bank accounts. Further, the monetary fines imposed total more than $74 million. No banking institution is too great to...

Donating to Charity may be a tax benefit but it also is a Red Flag for an IRS Audit

Posted on December 29, 2012February 19, 2019 by Moskowitz LLP Tax: Audits, Litigation & Collection,

Giving to others is rewarding in and of itself, but it's always nice to see your generosity provide you with a tax benefit and result in a lower tax bill. In our tax law practice we represent many individuals and one of the most often audited items on tax returns...

Modern Day Witch Hunt: IRS Making Examples of Celebrities

Posted on December 29, 2012October 13, 2020 by Moskowitz LLP Business Law, Tax: Audits, Litigation & Collection,

How the IRS and State Taxing Authorities Purposefully Target and Make Examples out of Celebrities The Supreme Court of the United States has held that the pursuit of tax crime is "calculated to induce prompt and forthright fulfillment of every duty under the income tax law." Spies v. United States,...

Californians: Expect higher taxes if mortgage deductions aren’t renewed

Posted on December 19, 2012February 19, 2019 by Moskowitz LLP State & Local Taxation,

Of all the deductions the federal government may be eliminating to avoid the looming fiscal cliff, mortgage-based relief measures may have the biggest impact on Californians. According to an article from The Wall Street Journal last month, the Golden State has the highest average mortgage break in the country, which...

IRS and FTB file tax liens against Baywatch beauty

Posted on December 18, 2012February 19, 2019 by Moskowitz LLP Criminal Tax Law, Tax: Audits, Litigation & Collection,

Unlike most Americans, whose sources of income are fairly consistent, celebrities' earnings - though more substantial - tend to be a bit erratic. For instance, while the stars of a weekly sitcom can expect a regular paycheck, what about the famous faces that sign a movie contract every year or...

Tax Investigations & Tax Crimes – Federal Roundup of Recent Cases

Posted on November 29, 2012February 19, 2019 by Moskowitz LLP Criminal Tax Law,

The U.S. Department of Justice ("DOJ"), charged Mohammad Jafar Nikbakht, a used car wholesaler, who operated several lots in the San Diego, CA, with tax evasion, subscribing to a false income tax return, and failure to file income tax returns. In March 2011, Nikbaht pleaded guilty and admitted that he...

FTB offers extensions and tax relief to Californians affected by Hurricane Sandy

Posted on November 26, 2012February 19, 2019 by Moskowitz LLP State & Local Taxation,

Even though Moskowitz LLP is located in the San Francisco Bay Area of California, we have clients all over the world. If you have been affected by Hurricane Sandy, our tax attorneys and CPA's can help determine your eligibility for storm-related tax deductions and how to best claim them. Though...

DISTRICT COURT DECIDES FBAR PENALTY ASSESSMENT CASE – BOTH A WIN FOR THE GOVERNMENT & FOR OVDP PARTICIPANTS

Posted on November 21, 2012February 19, 2019 by Moskowitz LLP International Taxation,

Here at Moskowitz LLP, A Tax Law Firm based in San Francisco, CA, we have been following just how the Internal Revenue Service will collect FBAR penalties once imposed outside the scope of any Offshore Amnesty Program. In its decision November 8, 2012, the District Court for the District of...

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