National Bureau of Economic Research

The Eighth Circuit Court of Appeals issued a precedential opinion on Friday, April 24, 2020, affirming a district court decision that a transaction designed to generate massive foreign tax credits (referred to as the STARS tax shelter) lacked economic substance and business purpose and was subject to the accuracy-related penalty for negligence, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman and Deputy Assistant Attorney General Joshua Wu of the Justice Department’s Tax Division.

Adrian Dicker, a United Kingdom chartered accountant and former vice chairman and board member at a major international accounting firm, pleaded guilty today to conspiring with certain tax shelter promoters to defraud the United States in connection with tax shelter transactions involving clients of the accounting firm and the law firm Jenkens & Gilchrist (J&G).

On May 15, 2009, the Fifth Circuit, in Klamath Strategic Investment Fund v. United States (No. 07-40861), affirmed the district court’s decision denying over $50 million in claimed tax losses arising from the taxpayers’ investment in a “Son of Boss (BLIPS)” tax shelter.

Anthony G. Merlo, a former resident of Fort Worth, Texas, and the U.S. Virgin Islands, pleaded guilty today to conspiracy to defraud the United States.

An indictment was filed today charging seven individuals -- three former shareholders of the Jenkens & Gilchrist law firm (J&G), the former Chief Executive Officer and a former tax partner from the BDO Seidman accounting firm (BDO), and two former bankers from a foreign bank with headquarters in New York (Bank A) -- with tax fraud conspiracy and related crimes arising out of tax shelters promoted by J&G, BDO, and the bank.

A federal jury in New York has rejected the $24 million tax refund claim filed by Altria Group Inc. relating to its investment in lease-in, lease-out (LILO), and sale-in, lease-out (SILO) tax shelters. The verdict follows a three-week trial in the Southern District of New York before U.S. District Judge Richard J. Holwell.

Steven W. Allen, an attorney who operated a legal practice in Mesa, Ariz., and Allen P. Goodmansen, a certified public accountant who operated an accounting practice in Mesa, were indicted Wednesday for conspiracy to defraud the Internal Revenue Service (IRS) and for aiding in the filing of false income tax returns for clients of an offshore tax shelter scheme.

Three tax shelter promoters, Peter J. Peggs of Prides Crossing, Mass., Robert D. Larsen of Winter Park, Colo., and Craig M. Stone, formerly of Fort Pierce, Fla., were convicted of conspiracy to defraud the United States by a federal jury in Grand Rapids, Mich., today following a four-week trial.

Daryl Haynor, an accountant who was a tax partner at an accounting firm in Tysons Corner, Va., and Jon Flask, an attorney who was a partner at a law firm in Vienna, Va., were indicted today for conspiracy to defraud the Internal Revenue Service (IRS) and for corruptly endeavoring to obstruct and impede the due administration of the internal revenue laws

David Plummer, Spencer Plummer and Terry Green, operators of a fraudulent tax shelter that offered tax benefits in connection with the leasing of thoroughbred mares, pleaded guilty today to a criminal information charging them with one count of conspiracy to defraud the United States.

John A. Campbell, a resident of Portage, Mich., was sentenced to 60 months in prison today by the Honorable Janet T. Neff of the U.S. District Court in the Western District of Michigan for conspiring to defraud the United States.

Michael Parker of Baltimore, who was the chief operating officer of TransCapital Corporation, a tax-advantaged investments company based in Northen Virginia, pleaded guilty today to one count of conspiracy to defraud the United States.

Anthony G. Merlo, a resident of Portsmouth, N.H., was sentenced to 51 months of imprisonment for conspiring to defraud the United States.

A federal court in Jackson, Miss., has ruled in favor of the United States involving a businessman’s attempt to use a KPMG- marketed tax shelter to avoid paying income tax on approximately $18 million in capital gains.

Chicago attorney and Certified Public Accountant John B. Ohle III and Louisiana attorney William Bradley were found guilty Wednesday in Manhattan federal court of wire and tax fraud conspiracy charges stemming from a scheme to fraudulently obtain referral fees relating to a tax shelter sold by Ohle’s employer, Bank One, and thereafter failing to accurately report those fees to the IRS and pay the appropriate taxes due.

Attorney Steven W. Allen pleaded guilty in federal court in Arizona to taking part in a conspiracy to defraud the Internal Revenue Service (IRS) by promoting a fraudulent offshore trust scheme to hide his clients’ income.

The United States has asked a federal court in Chicago to permanently bar John E. Rogers, a Chicago tax lawyer and former partner at Seyfarth Shaw LLP, from promoting tax shelters that allegedly use distressed Brazilian debt to illegally lower customers’ reported income.

The United States has sued two Southern California attorneys and a Kentucky financial professional to bar them from promoting an allegedly abusive tax shelter known as an “intermediary transaction.”

U.S. District Judge Roger W. Titus sentenced Irvin Hannis Catlett Jr., 64, of Crownsville, Md., today to 210 months in prison, followed by three years of supervised release for tax offenses in connection with a scheme to prepare individual income tax returns for clients, which reported bogus tax losses from a purported car leasing company.

A federal court has permanently barred Charles Klink, Caleb Grodsky and Steven Block from promoting abusive tax shelters known as “intermediary transactions” and “distressed asset trusts.”

A federal court has permanently barred John E. Rogers and two of his companies, Sugarloaf Fund LLC and Jetstream Business Limited, from promoting tax shelters that allegedly use distressed Brazilian debt to lower customers’ reported income improperly.

Three federal courts have issued decisions in favor of the United States in three separate cases involving abusive tax shelters.

Richard Muto was sentenced to 36 months in prison followed by one year of supervised release for corruptly endeavoring to obstruct and impede the due administration of the Internal Revenue laws.

A federal court of appeals has, for the second time, rejected an alleged abusive tax shelter engineered by a subsidiary of General Electric Capital Corporation, the Justice Department announced today.

A federal court in Baton Rouge, La., on Monday rejected two tax shelter transactions entered into by The Dow Chemical Company that purported to create approximately $1 billion in phony tax deductions.

Michael Parker, of Baltimore, Md., who was the chief operating officer of TransCapital Corporation, a tax-advantaged investments company based in Northern Virginia, was sentenced today to 54 months in prison by U.S. District Judge Sandra S. Beckwith in Cincinnati, Ohio, the Justice Department and Internal Revenue Service (IRS) announced.

On Friday, the Court of Federal Claims in Washington, D.C., ruled that a subsidiary of the BB&T Corporation was not entitled to $660 million in tax benefits that BB&T claimed based on its participation in an abusive tax shelter known as Structured Trust Advantaged Repackaged Securities (STARS). Judge Thomas C. Wheeler, who delivered the opinion of the Court, imposed $112 million in penalties.