Jeremy H. Temkin

August 08, 2016 | New York Law Journal

In his Tax Litigation Issues column, Jeremy H. Temkin writes: At the conclusion of a criminal tax case, a convicted defendant is rightfully most concerned with the prospect of incarceration. Defendants, however, must be aware of other consequences of a conviction, including significant financial ramifications.

By Jeremy H. Temkin

21 minute read

May 20, 2016 | New York Law Journal

In his Tax Litigation Issues column, Jeremy H. Temkin writes: Through Bank of Nova Scotia summonses, the IRS seeks to compel U.S. branches of foreign banks to produce records held by their overseas branches, even when production would otherwise be proscribed by foreign bank secrecy laws. This law enforcement tool has been used rarely over the past three decades, but in today's regulatory climate, practitioners representing taxpayers need to be aware of their availability.

By Jeremy H. Temkin

25 minute read

March 23, 2016 | New York Law Journal

In his Tax Litigation Issues, Jeremy Temkin interviews Caroline Ciraolo, the Acting Assistant Attorney General of the DOJ's Tax Division since February 2015, on the status of the Swiss Bank Program, under which the DOJ has entered into non-prosecution agreements with 80 Swiss banks, collecting more than $1.3 billion in penalties, getting a trove of information regarding accounts related to U.S. taxpayers, and ensuring the cooperation of participating banks, along with the Tax Division's commitment to offshore enforcement and its challenges going forward.

By Jeremy H. Temkin

29 minute read

January 22, 2016 | New York Law Journal

In his Tax Litigation Issues column, Jeremy H. Temkin writes: In the past six months, the Second Circuit has addressed assertions of privilege in two cases arising out of IRS audits, in both instances reversing district court decisions rejecting the taxpayers' assertion of privilege. These cases are instructive of the need to act vigilantly to protect the privileges at issue.

By Jeremy H. Temkin

12 minute read

November 19, 2015 | New York Law Journal

In his Tax Litigation Issues column, Jeremy H. Temkin writes that the economic substance doctrine has proven to be broad and flexible, with its standard evolving to address new transactions the government claims are illegitimate. Courts, however, have split on the application of the economic substance doctrine to transactions designed to take advantage of foreign tax credits.

By Jeremy H. Temkin

12 minute read

November 18, 2015 | New York Law Journal

In his Tax Litigation Issues column, Jeremy H. Temkin writes that the economic substance doctrine has proven to be broad and flexible, with its standard evolving to address new transactions the government claims are illegitimate. Courts, however, have split on the application of the economic substance doctrine to transactions designed to take advantage of foreign tax credits.

By Jeremy H. Temkin

12 minute read

September 17, 2015 | New York Law Journal

In his Tax Litigation Issues column, Jeremy H. Temkin considers the continuing trend toward below-guidelines sentences in tax cases generally and in cases arising out of undisclosed offshore accounts, cases which are especially ripe for substantial downward variances based on individuals' unique circumstances and the effective immunity granted to tens of thousands of similarly situated taxpayers under four Offshore Voluntary Disclosure Programs.

By Jeremy H. Temkin

13 minute read

September 16, 2015 | New York Law Journal

In his Tax Litigation Issues column, Jeremy H. Temkin considers the continuing trend toward below-guidelines sentences in tax cases generally and in cases arising out of undisclosed offshore accounts, cases which are especially ripe for substantial downward variances based on individuals' unique circumstances and the effective immunity granted to tens of thousands of similarly situated taxpayers under four Offshore Voluntary Disclosure Programs.

By Jeremy H. Temkin

13 minute read

July 16, 2015 | New York Law Journal

In his Tax Litigation Issues column, Jeremy H. Temkin discusses the Offshore Voluntary Disclosure Program, which remains the best opportunity for taxpayers who intentionally evaded their tax and reporting obligations, and an alternate for taxpayers whose prior non-compliance was unintentional that can have lower financial penalties but does not offer the OVDP's protection from criminal prosecution.

By Jeremy H. Temkin

12 minute read

July 15, 2015 | New York Law Journal

In his Tax Litigation Issues column, Jeremy H. Temkin discusses the Offshore Voluntary Disclosure Program, which remains the best opportunity for taxpayers who intentionally evaded their tax and reporting obligations, and an alternate for taxpayers whose prior non-compliance was unintentional that can have lower financial penalties but does not offer the OVDP's protection from criminal prosecution.

By Jeremy H. Temkin

12 minute read