On-Demand   On-Demand Web Programs

Nuts and Bolts of Tax Penalties 2017: A Primer on the Standards, Procedures and Defenses Relating to Civil and Criminal Tax Penalties

Released on: May. 3, 2017
Running Time: 06:28:07

The number of accuracy-related penalties assessed against individual taxpayers increased from 58,366 in 2005 to 553,184 in 2015.  That is nearly a 1,000% increase over the past decade!  Are there more bad taxpayers?  Or, is the IRS just getting more aggressive about asserting penalties?  Regardless of the answer, responsible tax practitioners must understand what triggers a penalty assessment and how to protect their clients and themselves against such assessments.  Unfortunately, accounting and law school tax classes rarely focus on penalties, leaving practitioners to pick up the relevant standards and procedures from the trial and error of daily practice. 
 
This seminar is a unique opportunity to review the various tax penalties that can be imposed, the standards and transactions that can trigger penalties and sanctions, the procedures the Internal Revenue Service must follow to assess penalties and the defenses that can be asserted.  We have assembled an expert faculty of experienced private practitioners and government representatives to explain how penalties work, why they are assessed and how you can protect yourself and your clients.    
 
You will learn:

  • Understand why penalties are assessed, which penalties apply to what types of conduct, and who can be subject to penalties, the taxpayer, the preparer, or both
  • Find out how certain you have to be before you can advise a client to take a tax position on a return
  • Learn to recognize when you can rely on your client for information and when you have to dig deeper
  • Explore the difference between professional ethical standards of conduct, Circular 230 standards and tax penalties
  • Examine situations where conduct is so egregious that it can trigger a fraud penalty
  • Discover what turns a civil penalty case into a criminal tax prosecution
  • Get tips on approaching tax situations that involve potentially criminal conduct

Law firm and accounting firm professionals who advise clients on structuring transactions and who represent clients in tax controversies; in-house tax professionals involved in tax planning, FIN 48 determinations and tax audits and appeals; and government agents and attorneys who want a primer on tax penalties and ethical standards, will benefit from this program.

Lecture Topics [Total time 06:28:07]

Segments with an asterisk (*) are available only with the purchase of the entire program.


  • Introduction and Opening Remarks* [00:00:27]
    Bryan C. Skarlatos
  • Delinquency & Accuracy-Related Penalties [01:56:02]
    Marc L. Caine, Bryan C. Skarlatos
  • Special Rules for the Professionals: Return Preparer Penalties and Ethical Standards [01:01:58]
    Diana L. Wollman, Professor Linda Galler
  • But It’s Not My Fault: Reasonable Cause Defenses [01:00:15]
    Roland Barral, Lisa Flores
  • Reportable Transaction & Foreign Asset Reporting Penalties [01:29:09]
    Frank Agostino, Megan L. Brackney, Ian M. Comisky, William F. Conroy
  • Crossing the Line: Civil and Criminal Tax Fraud [01:00:16]
    Monica E. Koch, Bryan C. Skarlatos, Daniel W. Levy

The purchase price of this Web Program includes the following articles from the Course Handbook available online:


  • COMPLETE COURSE HANDBOOK
  • Delinquency Penalties
    Bryan C. Skarlatos
  • Accuracy Related Penalties
    Bryan C. Skarlatos
  • Reasonable Cause
    Bryan C. Skarlatos
  • Special Rules for Tax Professionals: Return Preparer Penalties and Ethical Standards
    Professor Linda Galler
  • Reportable Transaction Penalties
    Megan L. Brackney
  • International Tax Forms—An Overview of the Reporting Requirements for Taxpayers with International Activities
    Frank Agostino
  • Now That’s Aggressive: Reportable Transaction Penalties (PowerPoint slides)
    Megan L. Brackney
  • Crossing the Line: Civil and Criminal Tax Fraud (January 8, 2017)
    Bryan C. Skarlatos

Presentation Material


  • A Day Late and a Dollar Short: Delinquency Penalties
    Bryan C. Skarlatos
  • Are You Sure You Are Right? Accuracy-Related Penalties
    Marc L. Caine, Bryan C. Skarlatos
  • Special Rules for Tax Professionals: Return Preparer Penalties and Ethical Standards
    Professor Linda Galler, Diana L. Wollman
  • But It’s Not My Fault: Reasonable Cause Defenses
    Roland Barral, Lisa Flores
  • I Had to Report That? Foreign Financial Asset Reporting Penalties
    Ian M. Comisky, Frank Agostino
  • Now That’s Aggressive: Reportable Transaction Penalties
    Megan L. Brackney
  • Crossing the Line: Civil and Criminal Tax Fraud
    Monica E. Koch, Daniel W. Levy, Bryan C. Skarlatos
Chairperson(s)
Bryan C. Skarlatos ~ Kostelanetz & Fink LLP
Speaker(s)
Frank Agostino ~ Agostino & Associates, P.C.
Roland Barral ~ Skadden, Arps, Slate, Meagher & Flom LLP
Megan L. Brackney ~ Kostelanetz & Fink LLP
Marc L. Caine ~ Senior Counsel (Small Business/Self-Employed), Office of the Chief Counsel, Internal Revenue Service
Ian M. Comisky ~ Fox Rothschild LLP
William F. Conroy ~ Special Counsel, Large Business & International (LB& I) Division Counsel, Internal Revenue Service
Lisa Flores ~ Senior Level Deputy Area Counsel, Strategic Litigation (Area 1); Large Business & International (LB&I), Internal Revenue Service, Office of the Chief Counsel
Professor Linda Galler ~ Professor of Law, Maurice A. Deane School of Law at Hofstra University
Monica E. Koch ~ Associate Area Counsel (Small Business/Self-Employed); Office of the Chief Counsel, Internal Revenue Service
Daniel W. Levy ~ McKool Smith
Diana L. Wollman ~ Cleary Gottlieb Steen & Hamilton LLP
General credit information about this format appears below. For credit information specific to this program, please choose your jurisdiction(s) in the Credit Information box on the right-hand side of this page.

PLI’s live and on-demand webcasts are single-user license products intended for an individual registrant only. Credit will be issued only to the individual registered.


U.S. MCLE States

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Arizona:  PLI’s on-demand web programs qualify as “interactive CLE” credit. There is no limit to the number of credits an attorney can earn via interactive CLE programs.

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Connecticut: Effective January 1, 2017, all PLI products can fulfill Connecticut’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

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New Jersey:  PLI’s on-demand web programs qualify as “alternative verifiable learning formats” credit. Attorneys are limited to 12 credits of alternative verifiable learning formats per reporting period.

New Mexico:  PLI’s on-demand web programs qualify as “self-study” credit. Attorneys are limited to 4 credits of self-study per reporting period.

New York

Experienced Attorneys:  All PLI products can fulfill New York’s CLE requirements for experienced attorneys. There is no limit to the number of credits an attorney can earn via PLI products.

Newly Admitted Attorneys:  PLI’s transitional on-demand web programs can be used to fulfill the requirements for New York newly admitted attorneys. Only professional practice and law practice management credits may be earned via transitional on-demand web programs. Ethics and skills credits may not be earned via on-demand web programs.

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Rhode Island:  PLI’s on-demand web programs qualify as “video replay” credit. Attorneys are limited to 6 video replay credits per reporting period.

South Carolina:  PLI’s on-demand web programs qualify as “alternatively delivered” credit. Attorneys are limited to 6 credits of alternatively delivered programs per reporting period.

Tennessee:  PLI’s on-demand web programs qualify as “distance learning” credit. Attorneys are limited to 8 credits of distance learning per reporting period.

Texas:  All PLI products can fulfill Texas’ CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Utah:  PLI’s on-demand web programs qualify as “self-study” credit. Attorneys are limited to 12 credits of self-study per reporting period.

Vermont:  PLI’s on-demand web programs qualify as “self-study” credit. Attorneys are limited to 10 credits of self-study per reporting period.

Virgin Islands:  All PLI products can fulfill the Virgin Islands’ CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Virginia:  PLI’s on-demand web programs qualify as “pre-recorded” credit. Attorneys are limited to 8 credits of pre-recorded programs per reporting period.

Washington:  All PLI products can fulfill Washington’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

West Virginia:  PLI’s on-demand web programs qualify as “online” credit. Attorneys are limited to 12 credits of online instruction per reporting period.

Wisconsin:  PLI’s on-demand web programs qualify as “repeated, on-demand” credit. Attorneys are limited to 15 credits of repeated, on-demand programs per reporting period. No ethics credits can be earned via on-demand web programs.

Wyoming:  PLI’s on-demand web programs qualify as “self-study” credit. Attorneys are limited to 6 credits of self-study per reporting period.


CPD Jurisdictions

British Columbia (CPD-BC):  PLI’s on-demand web programs are not eligible for CPD-BC credit unless viewed with at least one other attorney or an articled student. In this case, the credit must be recorded as a “study group.”

Ontario (CPD-ON):  PLI’s on-demand web programs qualify as “recorded” credit. If viewed without a colleague, attorneys are limited to 6 credits of recorded programs per year. If viewed with at least one colleague, there is no limit to the number of credits that can be earned via recorded programs.

Quebec (CPD-QC):  PLI’s on-demand web programs can fulfill Quebec’s CPD requirements.

Hong Kong (CPD-HK):  PLI’s on-demand web programs are not approved for CPD-HK credit.

United Kingdom (CPD-UK):  PLI’s on-demand web programs can fulfill the United Kingdom’s CPD requirements.

Australia (CPD-AUS):  PLI’s on-demand web programs may fulfill Australia’s CPD requirements. Credit limits for on-demand web programs vary according to jurisdiction. Please refer to your jurisdiction’s CPD information page for specifics.

Alberta (CPD-ALBERTA):  All PLI products can fulfill Alberta’s CPD requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Dubai (CLPD-DUBAI):  PLI’s on-demand web programs may fulfill CLPD credit requirements.


Other Credit Types

CPE Credit (NASBA):  Select on-demand web programs qualify as the “QAS Self-Study” delivery method. Please check the Credit Information box on the right-hand side of this page to verify CPE credit availability.

IRS Continuing Education (IRS-CE):  PLI’s on-demand web programs may fulfill IRS-CE requirements. To request IRS-CE credit, please notify PLI at plicredits@pli.edu of your request and include your Preparer Tax Identification Number (PTIN).

Certified Fraud Examiner CPE:  PLI’s on-demand web programs may fulfill Certified Fraud Examiner CPE requirements. To request CPE credit or find out which programs offer CPE, please contact PLI at plicredits@pli.edu.

IAPP Continuing Privacy Credit (CPE):  PLI’s on-demand web programs may fulfill Privacy CPE credit requirements.

HR Recertification (HRCI):  PLI’s on-demand web programs may fulfill HR credit requirements.

SHRM Recertification (SHRM):  PLI’s on-demand web programs qualify as "self-paced" credit. SHRM professionals are limited to 30 credits of self-paced programs per recertification period.

Compliance Certification Board (CCB):  PLI’s on-demand web programs qualify as “self-study” credit. Candidates are limited to 10 self-study credits per 12-month period, and certification holders are limited to 20 self-study credits per 2-year renewal period.

Certified Anti-Money Laundering Specialists Certification (CAMS):  PLI’s on-demand web programs are not approved for CAMS credit.

New York State Social Worker Continuing Education (SW CPE):  PLI’s on-demand web programs are not approved for SW CPE credit.

American Bankers Association Professional Certification (ABA):  PLI’s on-demand web programs may fulfill ABA credit requirements.

Certified Financial Planners (CFP):  PLI’s on-demand web programs are not approved for CFP credit.

 

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