| Panelist: | Zhanna A. Ziering |
| Program: | How to Affirmatively Defend An FBAR Case |
| Event Sponsor: | American Bar Association, 2017 Midyear Meeting |
| Where: | Hilton Orlando Bonnet Creek
14100 Bonnet Creek Resort Lane
Orlando, FL 32821-4023
|
| Registration: | Click Here To Register |
The frequency of FBAR penalty assessments is rapidly rising. This will result in FBAR penalty challenges increasingly getting their day in court. The fundamental challenge to an FBAR penalty assessment is whether the taxpayer’s conduct was willful. However, a taxpayer can also challenge the penalty assessment and the government’s collection efforts on other grounds. This panel will discuss affirmative defenses available to taxpayers who are challenging the assessment of an FBAR penalty in federal courts, including statutes of limitations, penalty computation, jurisdiction, and violation of the excessive fines clause under the Eighth Amendment.
Moderator: Mitchell I. Horowitz, Buchanan, Ingersoll & Rooney, P.C., Tampa, Florida.
Panelists: Zhanna A. Ziering, Caplin & Drysdale, Chartered, New York, New York; Joseph A. DiRuzzo, III, Fuerst Ittelman David & Joseph PL, Miami, Florida; Adam Strait, U.S. Department of Justice, Tax Division, TBD.