Tax & Compliance

Marcus Neiman & Rashbaum LLP has vast experience litigating tax controversies. Tax controversies can be sensitive and difficult to navigate because similar conduct may be treated civilly in some cases and criminally in others. Knowing how to deal with the Internal Revenue Service is critical for successful resolution of these kinds of matters. MNR helps taxpayers and tax professionals navigate through the issues that may arise in dealing with tax controversies, including:

Representing taxpayers in civil audits, including dealing with Revenue Agents and Officers, Appeals Officers, and IRS attorneys
Representing taxpayers in “eggshell” or sensitive audits
IRS penalty mitigation including litigation relating to failure to file Foreign Bank Account Reports (FBARs) and fraud
Dealing with sensitive issue tax problems and examinations such as unreported or under-reported income, alleged tax shelters, and undeclared foreign financial accounts and assets
Representing taxpayers in criminal tax and related investigations (administrative and grand jury), including representations before IRS Special Agents, Department of Justice Tax Division, and before federal prosecutors
Handling all aspects of criminal trials, from pre-indictment dispositions to indictment through trial and appeals
Defending accountants and other return preparers in investigations for aiding and assisting in the preparation of allegedly false tax returns, conspiracy, and related. charges

Marcus Neiman Rashbaum & Pineiro LLP also assists American taxpayers, foreign advisors, and foreign financial institutions with offshore tax compliance issues. The Justice Department and the Internal Revenue Service have actively been enforcing strict laws which require the disclosure of assets and bank accounts held outside of the United States. Failure to comply with the law can result in fines, penalties, and sometimes criminal prosecution. Always with a practical approach in mind, we try to help clients find solutions that will reduce the possibility of criminal prosecution and minimize financial penalties.

Recent MNR Cases

Tax & Compliance

U.S. v. Grimm: Representation of New York Congressman Michael Grimm, who was charged with various tax offenses, fraud, perjury and obstruction. MNR was able to obtain the defendant an 8 month sentence, more than 70% less than the government’s request.

U.S. v. Fresen: Representation of local state representative who was charged for failing to file tax returns for more than 10 years. MNR was able to resolve the case by pleading guilty to a single misdemeanor count.

Representation of Life Extension Foundation, a non-profit 501(c)(3) organization at the forefront of discovering new scientific breakthroughs for use in developing novel disease prevention and treatment protocols

U.S. v. Meyer: Representation of defendant in civil action by the United States alleging that defendant provided illicit federal tax advice for compensation by allegedly promoting, organizing and executing a national charitable giving tax scheme. The U.S. Treasury alleges that it has lost more than $35 million as a result of this program.

Representation of Thurgauer Kantonalbank, Switzerland as an Independent Examiner to conduct a factual investigation into the bank’s conduct related to the U.S./Swiss Bank Program investigation. Ultimately, DOJ confirmed MNR’s findings and agreed that the Bank did not engage in any criminal violations in the United States.

Representation of a Latin American pop star for failure to properly report foreign assets associated with his family. The case is being investigated by the U.S. Attorney’s Office for the Southern District of New York.

Successful representation of a Taxpayer accused of filing fraudulent tax returns. After trial, the Tax Court found that the IRS did not prove taxpayers intended to evade tax and therefore the IRS was banned from assessing $2 million in tax and penalties.

Representation of foreign advisors and bankers who are concerned about their exposure in assisting Americans with assets held outside the United States.

Representation of dozens of American citizens, living domestically and abroad, with various issues involving undeclared foreign assets, including the handling of Criminal Investigations, Offshore Voluntary Disclosures, Streamline Filing Compliance Procedures, Delinquent FBAR Submission Procedures, Opting Out, and FBAR Penalty Mitigation Litigation.

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