On April 28, 2015, Governor Jay Nixon signed Missouri House Bill 384 (H.B. 384), which created a Tax Amnesty Program (the Program) in the state of Missouri. See Mo. Rev. Stat. § 32.383. To qualify for the Program, taxpayers with delinquent tax bills must pay the full amount of any taxes owed prior to November 30, 2015. In exchange, the Missouri Department of Revenue (MDOR) will forego collection of any applicable interest, penalties, or other statutory additions to tax. The MDOR is also prohibited from pursuing a criminal case against taxpayers who participate in the Program unless a subsequent investigation shows the taxpayer engaged in fraudulent or criminal conduct while applying for amnesty. The Program applies only to tax liabilities due or due but unpaid on or before December 31, 2014, and extends only to taxpayers who are not currently a party to any criminal investigation. Taxpayers must also maintain compliance with all of the state’s tax laws for eight years after receiving amnesty.
Continue Reading

Mark MiltonHusch Blackwell was a Premiere Sponsor of the Federal Bar Association’s 39th Annual Tax Law Conference held on Friday, March 6 in Washington, DC.  The Conference was attended by more than 400 practitioners, including private practice attorneys, CPAs, in-house counsel, and government attorneys from the Department of Justice Tax Division, the IRS, and the

A recent New York Times article contained anecdotes of several taxpayers having their bank accounts seized by the IRS even though they had not been convicted of any crimes. The article leaves the reader with the impression that taxpayers are helpless to defend against such action. While the New York Times article accurately conveys how traumatic such seizures can be for those involved—Sgt. Jeff Cortazzo, who was forced to delay his daughter’s college education for a year; and Carole Hinders, whose 40 year old cash-only Mexican restaurant hangs in the balance—it is important to understand that these citizens have certain rights after a seizure occurs. While the IRS can seize assets without a court of law actually finding a taxpayer guilty of a crime, procedural safeguards exist to ensure that a taxpayer is not subjected to an unjust forfeiture by the federal government.

Continue Reading

On September 8, 2014, the state of Illinois begins accepting applications for medicinal marijuana dispensary and cultivation center permits. Under the state’s Compassionate Use of Medical Cannabis Pilot Program Act, passed last year, Illinois will grant one cannabis cultivation permit for each of its 22 state police districts and as many as 60 medicinal marijuana dispensary permits throughout the state.

Continue Reading

In 2014, several payroll tax service providers allegedly embezzled millions of dollars in federal payroll tax payments from their clients. In June, the owner of Checkmaster Payroll Service in Massachusetts was indicted for allegedly stealing client funds that were supposed to have been used to pay clients’ federal employment taxes. The owner allegedly provided clients with “client copy” tax returns indicating that the taxes had been paid to the IRS, when they had not.  The owner also allegedly falsely told his clients that payroll tax delinquency notices that they had received from the IRS were the result of administrative errors by the IRS, not his company’s failure to remit the payroll taxes.
Continue Reading