Beefed-up IRS, aggressive civil penalties offer government powerful revenue stream, lawyer warns

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Beefed-up IRS, aggressive civil penalties offer government powerful revenue stream, lawyer warns
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The Supreme Court's rejection of an 80-year-old woman's challenge to an IRS penalty for failing to report taxes on a foreign account could encourage the tax-collection agency and localities to issue civil penalties as a means to increase revenue, the...

Sam Gedge, an attorney for the libertarian nonprofit public interest law firm Institute for Justice, represented Monica Toth, who unintentionally failed to report taxes on a foreign account and was penalized more than half of the money in the account — about $3 million — after she corrected the error in an updated filing.

Ms. Toth became a U.S. citizen in the 1980s after she immigrated to the United States from Argentina, where she was born after her father fled Germany in the 1940s after being assaulted for being Jewish. A successful businessman, he used a bank in Switzerland, based on his experience in fleeing Germany for Buenos Aires.

Lower courts ruled against Ms. Toth, and Mr. Gedge asked the Supreme Court to hear her challenge to the fine, arguing it ran afoul of the Eighth Amendment, which prohibits excessive fines. “These kinds of civil penalties and fines have real consequences for real ordinary people and it is something the courts need to take seriously,” he said.

While overseas, Mr. Bittner earned millions of dollars from real estate, restaurants, manufacturing, hotels, construction and aquaculture, according to court documents. During his time outside the U.S., he filed tax returns for some of the years he was abroad but did not include information about his foreign accounts.

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