Holland & Knight Alert: Willful or Non-Willful? That Is the Question: IRS Rejects Non-Willful Certification (September 1, 2022)

Andrea Darling de Cortes, Chad M. Vanderhoef, and Alexander R. Olama of Holland & Knight LLP, have made available for download their article, “Willful or Non-Willful? That Is the Question: IRS Rejects Non-Willful Certification” published as a Holland & Knight Alert. The article begins as follows:

In Flint v. United States, 2022 WL 3593826 (Fed. Cl. 2022), the court held that the executors of an estate could not recover a six-figure “Title 26 miscellaneous offshore penalty” (MOP) the decedent paid to the Internal Revenue Service (IRS) pursuant to an IRS program for non-willful taxpayers known as the Streamlined Filing Compliance Procedures (Streamlined Program) in lieu of other penalties the IRS may have assessed.

Although the Flint case involved breach of contract and illegal exaction claims, it demonstrates that the IRS is not bound to accept a taxpayer’s self-certification of non-willfulness and may open an examination and determine additional tax, civil penalties and even criminal liability.

To view and download the article, click here: “Willful or Non-Willful? That Is the Question: IRS Rejects Non-Willful Certification“.

Posted by Will Frankenberry, Associate Editor, Wealth Strategies Journal.

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