Chamberlain, Hrdlicka, etc.
Townsend & Jones, L.L.P.
This course deals with tax crimes and some of their companion crimes. The class will cover the following subjects:
- traditional tax crimes (evasion, subscribing a false return, etc.) and their frequent companions (e.g., conspiracy, obstruction, etc.);
- similar ground for the recent initiatives designed to curb drug and organized crime activity, including cash reporting requirements and money laundering crimes, although this will not be a principal focus of the class;
- the issues, defenses and strategies that normally attend such criminal initiatives;
- the Government's various initiatives to discover and combat criminal behavior in this context, including IRS investigations, task force investigations, grand jury investigations and various other methods employed by the Government.
The Book for this class is Townsend, Campagna, Johnson & Schumacher, Tax Crimes (Lexis-Nexis 2008). There is a 2013 supplement available for download here. In addition, I will post Update, Errata and Other Materials. These should be reviewed periodically for important recent updates and corrections to the text (errata).
Information - Introductory Information for the Class
Student Questionnaire - Each student should email to email@example.com the following information (please note that the email will be used for normal class communications; the other contact information will be used rarely if at all to get information to you such as cancellation of the class on short notice)..
Cell phone number:
preferred email address for class communications.
Work phone number:
Degree program (JD / LLM):
If LLM, where did you get your JD degree:
Personal Goals for Class:
Prior work experience (after college, such as law, CPA, accounting:
(Class time is 5:30 - 7:10 pm)
Assignments for Classes (Please note that the assignments are approximate and may vary as we move through the materials). Please note that updates will be posted on the web site and sent to the members of the class by email.
Introduction to Class
Ch. 1 Overview of the Criminal Tax System, pp. 1-18
Ch. 1 Update Items
Ch. 2A Crimes Under the Internal Revenue Code - Tax Evasion, pp. 19 - 54
Ch. 2A Update Items
Ch. 2B Crimes under the Internal Revenue Code - Other Offenses, pp. 57 - 96
Ingredient Technology p. 61 -
U.S. v. Kelly p. 70 - Anderson, Baumann, Beal, Cochran
U.S. v. Kassouf p. 72 - Damys, Dizon, Greer, Hall, Jezari
U.S. v. Evangelista p. 80 - Lawal, Shaffer, Simons, Stfort, Willey
Reminder: Compete and Return the Questionnaire - click here.
Ch. 2B Update Items
Ch. 3 Crimes Outside the Internal Revenue Code, pp. 97 - 126
Ch. 3 Update Items
United States v. Krasovich (p. 100) - Anderson, Baumann, Beal, Cochran, Damys, Dizon
United State v. Caldwell (p. 107) - Greer, Hall, Jezari, Lawal, Shaffer, Simons, Stfort, Willey
Ch. 4 Methods of Proof, pp. 127 - 157
Ch. 4 Update Items
United States v. Tarwater (p. 129) - Anderson, Baumann
Holland v. United States (p. 134) - Cochran, Damys
Taglianetti v. United States (p. 138) - Greer, Hall
United States v. Esser (p. 141) - Lawal, Shaffer
United States v. Black (p. 144) - Stfort, Willey
United States v. Pree (p. 147), United States v. Sabino (p. 148); & United States v. Bishop (p. 149)
- Beal, , Dizon
United States v. Tarwater (p. 150) - Jezari, , Simons
United States v. Silkman (p. 155) - Unassigned (All read)
Ch. 5 Prosecution Policies and Affirmative Defenses, pp. 159 - 182
Ch. 5 Update Items
Ch. 6 Investigation and Development of Criminal Tax Cases, pp. 183 - 197
Ch. 6 Update Items
Sansone (p. 166) - All Class Members
Ch. 6 Investigation and Development of Criminal Tax Cases (cont.), pp. 197 - 220
Ch. 6 Update Items
Ch. 7 Government Information Gathering, 221 - 232
Ch. 7 Update Items
Tenzer (p. 207) - Anderson, Baumann, Beal, Cochran, Damys, Dizon
Lefkowitz (p. 229) - Greer, Hall, Jezari, Lawal, Shaffer, Simons, Stfort, Willey
Ch. 7 Government Information Gathering, 232 - 252
Ch. 7 Update Items
Ch. 8 Pre-Trial Issues in Criminal Tax Cases, 253 - 274
Ch. 8 Update Items
Chs. 7 & 8 Conclude with discussion of Problems from the Chapters.
Ch. 9 Trial and Post-Trial, pp. 277 - 299
Ch. 9 Update Items
Johnson (p. 286) - Damys, Dizon, Greer, Hall, Jezari, Lawal, Shaffer
Evangelista (p. 288) - Anderson, Baumann, Beal, Cochran, Simons, Stfort, Willey
Ch. 10 Sentencing in Tax Cases, 301 - 329
Mistretta (p. 308) - Baumann, Beal, Lawal
Booker (p. 311) - Anderson, Cocharn, Shaffer, Greer
Chavin (p. 323) - Damys, Willey, Simons
Harvey (p. 327) - Dizon, Stfort, Jezari
Ch. 10 Update Items
Ch. 11 Ethical Issues in Criminal Tax Practice, pp. 331 - 358
United States v. Locascio (p. 345) - Anderson, Baumann, Beal, Cochran, Damys
Paratechnologies Trust v. Commissioner (p. 349) - Dizon, Greer, Hall, Jezari, Lawal
Lefcourt v. United States (p. 353) - Shaffer, Simons, Stfort, Willey
Ch. 11 Update Items
Ch. 12 Major Collateral Issues, p. 361 - 373
Ch. 12 Update Items
Ch. 13 Civil Tax Considerations, pp. 377 - 392
Ch. 13 Update Items
This class is canceled and the class function is substituted.
The function is Friday, 4/26. The function will be at Larry Campagna's house. Class members on the email list should have received an email with the address and the map to the house. If you are a member of the class and did not receive the email or want it to be resent, please email my assistant, Merry Davis at firstname.lastname@example.org and she will return email you the information.
Spouses, significant others, etc. are invited (only one per class member so as to not create a ruckus between a spouse and a significant other)
Ch. 14 Putting It All Together, pp. 395 - 411
Ch. 14 Update Items
Past Examinations. For viewing or download.
Excerpts from Examinations: Students Say the Darndest Things
These are some excerpts from students' answers to the 1997 examination. The students are anonymous to me in the grading process, so I don't know who gave these answers.
- In response to question regarding options after T has committed numerous potential offenses in question 1: "Well he can always flee the country to another without an extradition treaty with the US, but I wouldn’t recommend it (especially since the IRS could just abduct him back)."
- In response to question invoking a voluntary disclosure response: "I would recommend that Mr. Jones pay the back taxes in a voluntary disclosure & pray that the IRS does not prosecute." (JAT Note: I personally believe that prayer is good for the soul, but do not include that as a strategy in this course.)
- In response to avoiding producing the confidential diary containing the code to his drug dealing proceeds (question 3), one student wrote:
I think the practical solution is this: Jones should burn his original diary. The IRS doesn’t know of its existence and Jones sure as hell isn’t gonna tell them about it. So he should be able to avoid obstruction charges (provided his psychiatrist is the only other party who knows of the diary’s existence.) Then when the IRS asks the Dr. for his copy of correspondence from Jones, the psychiatrist can rightly refuse, citing the client-patient privilege. I really think this should hold up. The privilege is legit, and the papers were obtained by the doctor in the course of treatment for treatment purposes. Although it may border on the unethical, I think the client’s neck, in this instance, demands disposal of the original. (Of course, the atty-client privilege may be waived here under the crime-fraud rule if the advice is "obstruct-justice." But if the initial meeting and discussion were generally enough phrased, I think the professional responsibility teachers would agree with me."
JAT Comments: Some things do not require comment, but this answer does suggest that we spend a bit more time on ethics and illegal conduct on the part of the practitioner.
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