Voluntary Disclosure Process: Privilege And Kovel Agreements Protect Taxpayers And Accountants

Voluntary Disclosure Process: Privilege and Kovel Agreements Protect Taxpayers and Accountants

by

Kevin Thorn

Accounting firms and other tax professionals should seriously consider working under the guidance of an attorney when filing voluntary disclosures of previously undisclosed offshore accounts, or risk being forced to testify against their clients or facing criminal contempt charges. Accountants, tax agents, and other tax practitioners who have filed voluntary disclosures without the assistance of legal counsel have done so at their and their clients risk and expense. However, by working with an attorney under a Kovel agreement, accountants and their clients are protected by the attorney-client privilege.

The benefits of the Kovel arrangement have reemerged due to the Offshore Settlement Initiative Voluntary Disclosure Program . As a result of this Initiative, some 14,700 taxpayers with previously undisclosed offshore accounts have come forward to the Internal Revenue Service. However, this process is very sensitive and exposes taxpayers to potential criminal prosecution. Many accounting firms are doing their clients and their business a disservice, attempting to complete voluntary disclosures on their own without the assistance of counsel without the protection provided by the Kovel agreements extension of the attorney client privilege. This exposes both the accounting firm and the taxpayer to needless liability.

[youtube]http://www.youtube.com/watch?v=IOY1Tad9yKU[/youtube]

No accountant wants to have to testify against his or her client or be held in contempt of court for refusing to testify. Unfortunately, without the assistance of counsel this is a very real possibility. A taxpayers sensitive information is necessarily revealed in the course of the business relationship with an accountant, and could reveal potential criminal culpability to the taxpayers accountant. If the taxpayers accountant is subpoenaed by the Federal government, there is nothing to prevent the accountant from having to testify in court against his client. If an accountant refuses to testify, he or she could be held in contempt of court and subject to incarceration. Working with an attorney under a Kovel letter agreement is the safest way for accountants to shield themselves from this Catch-22.

The Kovel arrangement is established by a formal letter from a taxpayers attorney to the taxpayers accounting firm designating the accountant as an agent of the attorney. This serves to extend the attorney-client privilege to the accounting firm. The Kovel arrangement is named after a case out of the Second Circuit Court of Appeals, United States v. Kovel. In Kovel,the court held that the attorney-client privilege extends to accountants reviewing documents and working as the attorneys agent.

The attorney client privilege provides a special protection for attorneys and clients. Essentially, an attorney can refuse to testify in court against his or her own client without the clients consent. Working with an attorney for a taxpayer under the protection of a Kovel letter agreement is the only way to protect the accountant from having to testify.

Accountants, tax agents, and other tax practitioners should consider working with an attorney versed in the intricacies of international tax law to reduce their and their clients exposure. Doing so will serve both the taxpayer and the accountant saving them from needless liability.

I have been writing lots of articles of various genre. Writing good articles has always been my passion and has been a profession for me for the past 7 years. Please, visit the website athttp://www.irsvoluntarydisclosure.comto learn more

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Wikinews Shorts: December 4, 2008

A compilation of brief news reports for Thursday, December 4, 2008.

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On December 2, the Toronto city council voted in favor of banning the sales and distribution of bottled water on city property. The council also agreed to provide public drinking fountains on their properties, as well as on a measure that would make shoppers pay at least five Canadian cents for plastic grocery bags and force business owners to offer reusable bags and carry-out containers.

“Toronto’s decision to ban the bottle and turn on the tap sends a clear message that bottled water’s 15 minutes are up,” said Polaris Institute’s campaign coordinator, Joe Cressy.

All of the city’s facilities should be following the water ban by 2011, while businesses will have to implement their bag fees by 2010. Toronto has become the largest city in the world to ban bottled water on government property.

Related news

  • “Calls for bottled water bans grow in Canada” — Wikinews, August 23, 2008

Sources

  • “Toronto Bans Bottled Water” — CNW Group, December 3, 2008
  • “Toronto council approves plastic bag charge, bottle ban” — CBC News, December 3, 2008

On Tuesday, American actor, Patrick Swayze, who suffers from pancreatic cancer, denied reports that he was near death. American tabloid National Inquirer reported on November 28 that Swayze’s cancer had spread to his liver and that he was preparing for his death.

“The only thorn in my side being that many tabloids have been consistently reporting lies and false information about me and those close to me,” said Swayze in a statement to the press who also added that he knows he is in “the fight for his life,” but that it is a fight that he “is winning.”

“I’m one of the lucky few that responds well to treatment,” added Swayze.

Swayze has starred in over a dozen films, including the 1987 hit film Dirty Dancing.

Related news

  • “Wikinews Shorts: November 28, 2008” — Wikinews, November 28, 2008

Sources

  • “Swayze denies ‘deathbed’ rumours” — BBC News Online, December 3, 2008
  • “Patrick Swayze denies reports he is near death” — Reuters, December 2, 2008

Retrieved from “https://en.wikinews.org/w/index.php?title=Wikinews_Shorts:_December_4,_2008&oldid=4494611”

Ireland votes to overturn 35-year-old constitutional ban on abortion

Sunday, May 27, 2018

In the official result of Friday’s Irish referendum over the legality of abortion, referendum officer Barry Ryan announced yesterday 66.4% of voters favoured overturning the eighth amendment of the constitution. Introduced in 1983, the eighth amendment made abortion constitutionally illegal. Irish Taoiseach — Prime Minister — Leo Varadkar said supporting legislation, to be framed following the result of this referendum, is to be “enacted before the end of this year”.

More than 2.1 million people voted on the referendum on Friday. With a 64.1% turnout, 1,429,981 voted in favour of eliminating the abortion ban while 723,632 voted to keep it. The results were announced at Dublin Castle. About 6000 voters spoiled their votes. Calling it “an historic day”, Prime Minister Varadkar said it was “a great act of democracy.” Ministers said they would form laws allowing medical termination of pregnancy in the first trimester, twelve weeks, of pregnancy, and under special cases until the 24th week. The legislation is to be formed after discussion with medical experts.

Since the amendment, Article 40.3.3 of the Irish constitution, in 1983, which gave an unborn child equal rights to life as the mother, hundreds of thousands of women traveled to different countries for the medical termination of pregnancy, while some used medical drugs illegal in Ireland to terminate the pregnancy.

“Savita Matters, Women Matter” was one of the slogans used by the supporters who wanted to repeal the amendment. In October 2012, a 31-year-old dentist of Indian origin, Savita Halappanavar, died from sepsis at a Galway hospital after she was denied abortion for a protracted miscarriage. She was told by a midwife that termination of pregnancy would not be possible since Ireland was a “Catholic country”. Halappanavar’s photo was used for posters by supporters who wanted the 35-year-old amendment repealed. In 2016, the current Roman Catholic Pope, Pope Francis, described abortion as a “very grave sin” and a “horrendous crime”.

Halappanavar’s father Andanappa Yalagi told Hindustan Times, “We’ve got justice for Savita. What happened to her will not happen to any other family. I have no words to express my gratitude to the people of Ireland at this historic moment.” 39 of 40 Irish constituencies voted in favour of repealing the law, while voters in only one constituency, Donegal, voted against — 51.87% opting to keep the anti-abortion laws. After the result was announced, the crowd were chanting Savita’s name in front of Dublin Castle.

Cora Sherlock, an anti-abortion activist, said, “what we voted on today is the ending of human life.” “I will accept the will of the Irish people, at the same time I will make it very clear what I feel of the campaign that has taken place. We will now regroup and find out what our next move is”, she added. Another activist, David Quinn, said, “The result today is basically a reversal of the 1983 result. On that occasion the defeated side did not simply slip away.”

“The people have said that we want a modern constitution for a modern country”, Prime Minister Varadkar said. Canadian Prime Minister Justin Trudeau later congratulated Varadkar on Twitter, saying: “What a moment for democracy and women’s rights.”

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Wikinews interviews Joe Schriner, Independent U.S. presidential candidate

Saturday, April 17, 2010

Journalist, counselor, painter, and US 2012 Presidential candidate Joe Schriner of Cleveland, Ohio took some time to discuss his campaign with Wikinews in an interview.

Schriner previously ran for president in 2000, 2004, and 2008, but failed to gain much traction in the races. He announced his candidacy for the 2012 race immediately following the 2008 election. Schriner refers to himself as the “Average Joe” candidate, and advocates a pro-life and pro-environmentalist platform. He has been the subject of numerous newspaper articles, and has published public policy papers exploring solutions to American issues.

Wikinews reporter William Saturn? talks with Schriner and discusses his campaign.

Retrieved from “https://en.wikinews.org/w/index.php?title=Wikinews_interviews_Joe_Schriner,_Independent_U.S._presidential_candidate&oldid=4497624”

How To Make A Criminal Injury Compensation Claim

By Mumtaz Shah

If you have been a recent victim of a crime, then there is a very good chance that you’ll be entitled to make a criminal injury compensation claim under the Criminal Injuries Compensation Scheme.

CICA Criminal Injuries Compensation Authority

Great Britain has in place the oldest compensation scheme for people who suffer criminal injuries as victims of crimes, with the first version having been introduced in 1964. Based along the lines of personal injury compensation claims, the CICA compensates victims of violent crime who have suffered any:

injury, whether that be physical or mental, as a result of being the victim of a violent crime

possible loss of earnings that the victim may endure as a result of such criminal injury

bereavement suffered as a result of a loved one having died as the victim of a violent crime.

[youtube]http://www.youtube.com/watch?v=3utHctNXeE4[/youtube]

Since 1996 the CICA has adopted a fixed tariff criminal injury compensation scheme as set out by parliament in the Criminal Injuries Compensation Act 1995 for those who are entitled to make a criminal injury claim.

Making A Compensation Claim

If you plan to make a claim to the CICA for criminal injury compensation, then you’ll need to show that you have suffered either physical or mental harm as a result of having been the victim of the violent crime in question.

Note that you need to show that a crime took place, you do not need to show that a conviction resulted from the crime you are claiming took place.

If you have grounds to believe that you have a criminal injury claim, you can obtain a compensation form from a personal injury solicitor, which you then need to compete and return.

The CICA then acknowledges receipt of your form and should process the claim. Keep in mind that this can be a lengthy process and can take anywhere up to 18 months after you have submitted the criminal injury compensation claim.

Also, as the scheme is for victims of violent crimes, the minimum compensation payable under the scheme is 1,000 and the maximum amount of compensation is 250,000.

Moreover, keep in mind that if you have made a claim for compensation under the scheme and are not satisfied with the initial compensation awarded for the criminal injury you suffered, you are entitled to submit a request to have a review of your criminal injury claim within 90 days of your original award being made.

If you still dont like the award after this review process has been completed, then you can appeal your criminal injury compensation claim to the Panel of the CICA within 30 days of the outcome of the appeal process. If the Panel of the CICA award still does not satisfy you, you then have the right to appeal your claim to the High Court.

Are There Any Alternatives?

If you have been the unfortunate victim of a crime, you should speak to a criminal injury solicitor as soon as you can following the event. In part this is because the criminal injury compensation scheme is only for those who are the victims of a violent crime.

On the other part, you need to make sure you do this so that you can get the advice from your criminal injury solicitor as to any alterative compensation you may want to seek.

Any alternative compensation claim you do instigate will be based on a civil action for personal injury. As a personal injury claim can be expensive, if you believe you may have a case for personal injury compensation but do not have the funds to pay a costly solicitor, you should talk with a no win no fee solicitor to see if there is any chance they will represent you in your claim.

And Finally

Finally, as well as being the oldest criminal injury compensation authority in the world, with over 80,000 cases a year paying 200 million in compensation, the CICA is also one of the highest rewarding criminal injury claim boards in the world.

About the Author: It’s easy to seek criminal injury compensation and gain maximum results without the hassle, costs and confusion. Discover the 12 revolutions of criminal injury claims at

100percent-compensation.co.uk/articles/criminal-injury-compensation.html

Source:

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Oral Roberts University accountant claims he was ordered to “cook the books”

Wednesday, November 21, 2007

A former accountant for Oral Roberts University (ORU) has filed a lawsuit against ORU and its Board of Regents claiming he was told by Richard Roberts and his wife Lindsay to “cook the books”, hiding financial wrongdoing from authorities and the public. Trent Huddleston, the accountant, has filed suit against the school and the Robertses claiming he “was improperly and unlawfully directed to perform functions and duties in violation of state and federal law in an effort by the defendants to ‘cook the books’ and hide from the appropriate authorities and the public the continued wrongdoing, improper and illegal conduct of the defendants, and in particular, of Richard and Lindsay Roberts.”

Huddleston said that nearly $123,000 in remodeling fees for their home was paid by Oral Roberts University and Oral Roberts Ministries. In addition the lawsuit alleges $4,000 was spent on a pool table for the Robertses. Previously the Roberts were accused of illegal political and financial wrongdoing, which forced the president to step down from his positison.

Last week at a meeting called by Oral Roberts, founder of the University and former faith healer, a majority of the faculty voted against allowing Richard to serve as president.

An ORU spokesman declined to comment on latest lawsuit and the faculty meeting.

In other news, Tulsa World released emails between Richard and his political adviser and sister-in-law, Stephanie Cantees. The emails given by an anonymous source, show the two plan to gain political influence using ORU students.

Retrieved from “https://en.wikinews.org/w/index.php?title=Oral_Roberts_University_accountant_claims_he_was_ordered_to_%22cook_the_books%22&oldid=1469559”

Ontario Votes 2007: Interview with Family Coalition Party candidate Kristen Monster, Willowdale

Wednesday, October 3, 2007

Kristen Monster is running for the Family Coalition Party in the Ontario provincial election, in the Willowdale riding. Wikinews’ Nick Moreau interviewed her regarding her values, her experience, and her campaign.

Stay tuned for further interviews; every candidate from every party is eligible, and will be contacted. Expect interviews from Liberals, Progressive Conservatives, New Democratic Party members, Ontario Greens, as well as members from the Family Coalition, Freedom, Communist, Libertarian, and Confederation of Regions parties, as well as independents.

Retrieved from “https://en.wikinews.org/w/index.php?title=Ontario_Votes_2007:_Interview_with_Family_Coalition_Party_candidate_Kristen_Monster,_Willowdale&oldid=703926”

How To Buy Home Landscape Design Software}

Submitted by: Randy Letter

Youll want to use your savvy shoppers skills to find the very best home landscape design software to help you with your future landscaping plans. If youve recently bought a home, or its finally time to spruce up your yard after a few years of making mortgage payments, youll probably be interested in all the delights home landscaping has to offer. You can just hire a professional landscape, but if you let them run wild with the project, they wont necessary provide you with the results that you want or desire. If you leave your yard up to someone else, you might end up terribly disappointed. The right home landscape design software program can help you take control over your yard and make sure youll end up satisfied and content.

Where to Get Advice

Really the best place to find advice about which home landscape design software are best is from other homeowners who use this type of software. They are not experts, but they are people who have been in your position, and can offer the best perspective on your situation. A true gardener will tell you exactly what features work best in a home landscape design software to suite exactly what you want and need from this software. You can discover a great deal about what you dont know that you actually need when you consult a person who already does a great amount of work with home landscaping. This type of consultation can help you not have to pay for fancy features that you really dont need, while focusing on looking for the features in home landscape design software that is essential to you success.

Look Online

If you dont personally know any home-landscaping enthusiasts to talk to about home landscape design software, you can search on the internet for review sites and forums to help you glean the information you need. People who are familiar with the software, and can often provide honest reviews and commentary that will help you decided with software package to buy often populate these sites.

What to Consider

You should consider your own priorities when picking out the perfect home landscape design software package. If your more interested in flowers and gardening, then youll want to pick up a home landscape design software more geared toward that type of landscaping focus. If you want to do things like build small ponds or gazebos and shrub sculptures, youll want to go with software that can help you design your yard using those things. Dont ever forget that your preference is the most important, no matter what a self ascribed expert will tell you. Youre the one who has to live with the landscaping you end up with, so you need to have a strong say in every matter regarding your yard, from the home landscape design software used in the process the finished product. If you do it that way, youll be ultimately pleased with the end result, and you wont have to worry about living with something you dont really like.

About the Author: If you need more tips and information about

landscape software

, you may want to have a look at my

landscaping website

.

Source:

isnare.com

Permanent Link:

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Wikinews interviews U.S. Libertarian presidential candidate James Burns

Saturday, February 23, 2008

Wikinews held an exclusive interview with James Burns, one of the candidates for the Libertarian Party nomination for the 2008 U.S. presidential election.

Burns, the former chairman of the Nevada Libertarian Party, was asked if he thinks he has a good shot at winning the Libertarian nomination and ultimately the presidency. He replied, “My chances of winning are not all in my hands. I shall do my best, but it comes down to what others will do. What will you do?”

When asked about America’s shrinking middle class he said, “The economic policies of the US government are the cause our troubles. When I am President, the only economic policy I shall pursue is to be frugal with the funds of the United States.”

Burns believes that the President “is not ‘the leader of the free world,’ rather….a person who attempts to protect our rights to life, liberty, and the pursuit of happiness.”

Retrieved from “https://en.wikinews.org/w/index.php?title=Wikinews_interviews_U.S._Libertarian_presidential_candidate_James_Burns&oldid=1492556”

Wikinews interviews Eric Saussine, director of the James Bond fan film Shamelady

Wednesday, July 16, 2008

The James Bond film series is one of the most popular and successful, having grossed over US$4 billion worldwide. The suave, sophisticated secret agent has secured his place in popular culture as the definitive action hero that has appeared in twenty-three films between 1954 and 2006.

Daniel Craig was announced as the seventh actor to portray 007 in late 2005, making his debut in the 2006 smash hit Casino Royale. While fans await Craig’s second outing in Quantum of Solace, due later this year, they have been able to watch Shamelady, a fan film made by the French film production company Constellation Studios.

Shamelady is a tribute to Ian Fleming, the author of the James Bond novels on which many of the films are based, and EON Productions, the makers of the official 007 films. The film was first released in 2007 and runs just under an hour long. It can be downloaded from Constellation’s website or viewed on YouTube.

Legally, the filmmakers cannot profit from Shamelady, but they didn’t make it for the money, rather the thrill of creating an original Bond film. The plot is fairly simple, and reminiscent of Casino Royale. Bond is sent to a casino to nab a vicious crime lord, but gets betrayed by a fellow agent in the process. Viewer reaction to the film was positive for the most part, and Constellation Studios has now planned a sequel to Shamelady, which director Eric Saussine speaks of in the interview below.

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