Jenny Johnson Ware and Guinevere Moore are both serving as faculty for the National Institutes on Criminal Tax Fraud and Tax Controversy sponsored by the American Bar Association, on December 6-8, 2017, in Las Vegas, Nevada.
On November 8, 2017, Jenny Johnson Ware will be speaking at the Rocky Mountain Estate Planning Council to provide tips on the handling of estate tax audits from the perspective of a tax litigator.
The August-September 2017 issue of the Journal of Tax Practice & Procedure includes Jenny Johnson Ware’s article Obstruction & Obscenity: I Know It When I See It. To read the article, please see here.
Jenny Johnson Ware will be speaking at the 5th Annual International Tax Enforcement and Controversy conference organized by the American Bar Association Section of Taxation and Tax Executives Institute, Inc., in Washington, D.C., on October 27, 2017. She will be discussing the criminalization of international tax planning, including the government’s broad use of the tax obstruction felony in Section 7212(a) and Klein conspiracy charges.
Johnson Moore is thrilled to announce the addition of Shay-Ann Heiser Singh, an accomplished attorney, to the firm. Read more about Shay-Ann Heiser Singh's background here
Johnson Moore partner Guinevere Moore was quoted by Tax Notes regarding why the current proposal to expand IRS authority to change a taxpayer’s tax due without first issuing a statutory notice of deficiency would harm taxpayers. Read more about why here.
The Supreme Court agreed on June 27 to take up the matter of Marinello v. United States, U.S., No 16-1144, cert. granted 6/27/17. Johnson Moore submitted an Amicus Brief on behalf of the American College of Tax Counsel urging the Court to take up the case because “the Second Circuit’s broad reading of . . . § 7212(a) creates an all-purpose tax felony that reaches the entire spectrum of administration of the tax code without requiring willfulness or an affirmative act.” Read what Johnson Moore partners Jenny Johnson and Guinevere Moore had to say about why this case is so important here and here.
Johnson Moore successfully advocated for abatement of over $2.2 million in I.R.C. §6721 penalties that were assessed against five related businesses over a two year period. By pursuing each opportunity for review within the IRS, Johnson Moore was able to convince the IRS to abate outright $1.9 million of penalties at the IRS Examination and IRS Appeals levels. Johnson Moore then filed a claim for refund for over $300,000 in §6721 penalties paid by one of the entities. The IRS granted the claim for refund in full, plus interest.
Penalties are assessed pursuant to I.R.C. § 6721 for a failure to file correct information returns, and in this case, a failure to file IRS Forms W-2 and W-3 correctly and timely.
Jenny Johnson is invited to speak on May 12, 2017 at the ABA Section of Tax 2017 May Meeting. Ms. Johnson will be presenting with Chuck Hodges, Judge Peter Panuthos, US Tax Court, Mitchell Horowitz and John Cardone regarding strategies and tips on how best to resolve cases in appeals, docketed and non-docketed. Ms. Johnson will also be presenting with Lawrence Sannicandro, Ashton Trice and Brian Skarlatos regarding the accuracy penalty which may be imposed above the 20% rate.
Guinevere Moore is invited to speak on May 12, 2017 at the ABA Section of Tax 2017 May Meeting. Ms. Moore will be presenting with William Farley, Geoffrey Davis and Randy Curato regarding ethical issues in representing tax professionals.
As counsel of record for amicus curiae American College of Tax Counsel, Johnson Moore encouraged the Supreme Court to interpret 26 U.S.C. § 7212(a) as a specialized tool in the tax enforcement system rather than an all-purpose tax felony, arguing that an unbounded interpretation of the residual clause fails to give fair notice of the conduct it punishes and invites arbitrary enforcement. To read the brief in its entirety, please see here.
Johnson Moore partner Jenny Johnson was quoted regarding impact of proposed civil asset forfeiture bill and comparison to existing procedures for return of seized property. To read the article in its entirety, please see here.
Johnson Moore partners Jenny Johnson and Guinevere Moore have both been invited to present at the IRS Nationwide Tax Forum held in Chicago, Illinois on July 13 and 14 of 2016. The IRS estimates that the 2016 IRS forums, which will be held in Chicago, Illinois, New Orleans, Louisiana, National Harbor, Maryland, Orlando, Florida, and San Diego, California, will attract over 10,000 attendees. Moore will be presenting on July 13 and 14 on Responding to IRS Penalties. She will review the most frequently imposed tax penalties, the standards applied to penalty abatement, and the best practices to abate tax penalties. Johnson will be presenting in the morning and the afternoon of July 14 on Fixing Missed Deadlines. She will discuss the documents that have hard and fast deadlines to respond, how to avoid missing them, and what to do in the event that those deadlines are missed. For more information, please see the IRS Nationwide Tax Forum Website. https://www.irstaxforum.com/index
When joint filers fight an IRS determination in court together, they can jointly apply their net
worth and net worth limits, doubling the cap on awards of costs or attorney fees to $4 million,
according to final regulations issued February 29. You can view the entire article here.
Jenny L. Johnson has accepted an invitation to speak on September 6, 2016, at the Thirty-fourth Cambridge International Symposium on Economic Crime in Cambridge, England. Ms. Johnson will be presenting with Caroline Ciraolo, Acting Assistant Attorney General for the Tax Division of the United States Department of Justice, regarding accountability for abusive conduct by a businesses’ employees, agents and customers.
On May 13, 2016, Jenny L. Johnson will present at the ABA Real Property, Trust and Estate Law 2016 Spring Symposium in Boston, Massachusetts, coaching non-litigators on how to protect taxpayers in IRS examinations and administrative appeals. In particular, Ms. Johnson will be teaching practitioners to spot conflicts of interest, protect the taxpayer’s privileges, recognize special situations that call for especially careful responses, effectively respond to information document requests and formal document requests, and work with an expert.
On January 30, 2016, Guinevere M. Moore presented at the ABA Tax Section 2016 Midyear Meeting in Los Angeles, California, coordinating a panel discussion with the Honorable James S. Halpern, Senior Judge of the United States Tax Court, the Honorable Cary D. Pugh, Judge of the United States Tax Court, Heather L. Lampert, Special Trial Attorney of the Internal Revenue Service, and others. The panel discussed various issues related to trying cases in the Tax Court, including stipulations of fact, witness preparation and impeachment, and the rules of evidence.
On January 29, 2016, Jenny L. Johnson presented at the ABA Tax Section 2016 Midyear Meeting in Los Angeles, California, leading a panel discussion with the Honorable Michael B. Thornton, Chief Judge of the United States Tax Court, the Honorable Lewis R. Carluzzo, Special Trial Judge of the United States Tax Court, and Peter K. Reilly, Special Counsel of the Internal Revenue Service. The panel explained how to construct decision documents that accurately reflect the terms of the resolution of a case and explored the options available to a taxpayer if the IRS fails to implement the decision in the manner the taxpayer anticipated or charges more interest than the taxpayer believes is correct.
Jenny L. Johnson and Guinevere M. Moore prevailed after trial and briefing in case where the IRS asserted transferee liability against a former shareholder of a family business as a result of the taxpayers’ alleged participation in a Midco intermediary tax shelter transaction. On December 1, 2015, the United States Tax Court issued an opinion in favor of the taxpayers in John M. Alterman Trust, Transferee v. Commissioner, T.C. Memo, 2015-231. Judge Ronald Buch found that the Commissioner failed to meet his burden of proving fraudulent transfers due to evidentiary holes in the record. The opinion is available here.