Publications Archives

New Crypto Tax Question Foreshadows IRS Enforcement Priorities

By Garrett L. Brodeur Tax Notes Federal September 5, 2022 Abstract: In this article, Brodeur argues that recent changes to the Form 1040 cryptocurrency question highlight an area in which the IRS sees significant enforcement potential and foreshadow a continued shift in the agency’s priorities.

Tips On Qualified Small Business Stock Exclusions

By Stephen Josey Law360 Tax Authority July 27, 2022 On May 27, the Internal Revenue Service provided much-needed guidance to taxpayers and tax professionals regarding the scope of the qualified trades or businesses requirement for claiming the qualified small business stock, or QSBS, exclusion. As

Old Dog, New Tricks? The New York FCA and Crypto-Tax Compliance

By Garrett L. Brodeur and David Taylor Tax Notes State July 25, 2022 Abstract: In this article, Brodeur and Taylor examine the New York Attorney General’s intention to use the state’s False Claims Act to ensure cryptocurrency tax compliance, which they argue raises important tax

Tax Implications of Dobbs for Interstate Travel Expenses to Obtain Abortions

By Caroline Rule Tax Notes Federal July 18, 2022 Abstract: In this article, Rule provides an overview of how an employer may offer tax-deductible, abortion-related travel benefits after the recent Dobbs decision. Taxes were almost certainly not the first thing that came to mind when

How The Wealthy Commit International Tax Evasion: A Case Study

By Jay R. Nanavati and Jas Singh Tax Notes Federal Volume 175, June 20, 2022 In the 1994 movie The Shawshank Redemption, prisoner Andy Dufresne asks head prison guard Byron Hadley if he trusts his wife. At first, the viewers and Hadley think that Dufresne

‘Flat Sum’ Settlements: An ‘End Run’ Around New York’s Reporting Requirements?

By Garrett L. Brodeur The CPA Journal, Tax Practice & Procedure Column March/April 2022 Issue In computing a state resident’s adjusted gross income for personal income tax purposes, New York, like many states, starts with the individual’s federal adjusted gross income and makes certain additions

The First-Time Abatement Policy—Harsh Realities And Strategic Considerations

By Garrett L. Brodeur ABA Tax Times May 2022 Issue First-Time Abatement The IRS implemented a first-time abatement (FTA) policy in 2001 to provide relief from penalties in a single year for failure to file, failure to pay, or failure to deposit under certain circumstances.

The Trust Fund Recovery Penalty: Who Is Responsible To Pay?

By Juliet L. Fink Practical Tax Strategies June 2022 Edition If an employer willfully fails to withhold or remit payroll taxes, the IRS can impose a Trust Fund Recovery Penalty (“TFRP”) against every individual who is determined to be a “responsible person” of the employer. The

Tax Controversies: Audits, Investigation, Trials (41st edition)

By: Robert S. Fink LexisNexis 41st Ed. 2022 The 41st edition of “Tax Controversies: Audits, Investigations, Trials” has been published and is available on Lexis-Nexis. Authored by Kostelanetz & Fink co-founder Robert S. Fink and the attorneys of Kostelanetz & Fink, Tax Controversies is the recognized guide

Op-Ed: City Comptroller Should Use All Tools In His Arsenal To Help Human-Services Sector

By Claude M. Millman and Mariana Gusdorf Crain's New York Business May 17, 2022 Mayor Eric Adams and city Comptroller Brad Lander have endorsed five recommendations to improve New York’s system for processing contracts and payments to human-services contractors, a sector that employs more than