When we last left our anthropomorphic friends (see video below), Rigby was in a serious coma due to an allergic reaction from the eggs in the Eggscelent omelet, and doctors were not optimistic about his chances. Meanwhile, Mordecai discovered a long-lost journal from a former park employee that may hold the key to winning the challenge and the coveted trucker’s hat.

More to the point, when we last left our anonymous CFO and the company’s intrepid legal team, they were preparing for an “eggshell audit” from a government investigator. A Kovel Agreement can encourage open dialogue between professionals by expanding the attorney-client privilege, and there are certain things that government auditors can and cannot do. But what exactly are they looking for when they arrive? And how can you be ready? Read More

In the Emmy award-winning “Regular Show” episode Eggscelent (see video below), Mordecai had to eat a 12-egg omelet in under an hour to win a funny-looking trucker hat for his good friend Rigby. Lawyers often face their own eggscelent challenge, but the stakes are quite a bit higher. My colleague Larry A. Campagna, who is a partner at a Houston law firm which represents people accused of financial crimes, introduced the concept of the “eggshell audit” in a series of articles first published in the summer of 2012. His tips for dealing with these situations are every bit as insightful today as they were two and a half years ago.

As a preliminary matter, an eggshell audit is an event at which the client and representative are aware of red flags that may draw the attention of government Read More

What is an Eggshell Audit?

An eggshell audit is one in which the taxpayer has filed a fraudulent return in a prior year and the auditor is not aware of potential evidence of civil tax fraud or a criminal tax violation. A tax return is fraudulent if an additional tax is owed due to (i) a deliberate intent to evade tax or (ii) there is a willful and material submission of false statements/documents in connection with the return. It is considered an “eggshell” audit because of the care one must take – i.e. walk on eggshells – to guide the examination and prevent suspicion by the auditor.

What are the Risks of an Eggshell Audit?

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TaxConnections Member and Blogger Michael DeBlis posts about criminal tax casesTO FILE OR NOT TO FILE AN AMENDED RETURN TO CORRECT AN ORIGINAL RETURN THAT HAS CRIMINAL TAX DIMENSIONS – THAT IS THE QUESTION

Your client has filed a fraudulent return underreporting his tax liability. He now has misgivings. He comes to you and expresses great concern. What should you do?  This is a continuation of Part 1 that was posted October, 2, 2013.

EGGSHELL AUDITS: KEEPING THE SHELL OF THE EGG FROM CRACKING WHEN THERE ARE CRIMINAL TAX ISSUES

In an “eggshell audit,” you must walk on eggshells to represent your client effectively in the civil examination without exposing the fraud, all the while honoring your duties to the tax system not to mislead the revenue agent. Although it is theoretically too late for disclosure once the civil examination has begun, the practitioner might still be able to obtain a reasonable level of assurance from the revenue agent that he will not refer the matter to CI, so that disclosure of the fraud will not result in a referral for criminal investigation.

There are many instances in which disclosure to the agent may be the best option. For example, if the taxpayer has failed to pay income from foreign bank accounts, the IRS may be willing to allow the taxpayer to disclose the problem, pay a reduced penalty, and move on without a criminal referral. In other cases, you may be convinced Read More