Most Read Contributor in United States, January 2017
Generally, the 6-year statute of limitations prescribed by 26 U.S.C. § 6531(2) for tax evasion
offenses under 26 U.S.C. § 7201 runs in cases involving a
filed, but false, return -- one that underreports income -- from
the date the return was filed with the IRS. But the tax evasion
statute comprises two types of evasion offenses: evasion of the
determination of the correct tax due and evasion of the payment of
taxes. In the former case, which goes to the IRS's assessment
function, the filing date of the false return triggers the statute
But what of an evasion of payment case, where the allegations
focus on steps taken by a taxpayer to evade paying the IRS that
which is acknowledged to be owed, and which implicates the
IRS's collection activity? Recently, in United States v.
Irby, 703 F.3d 280 (5th Cir. 2012), the Fifth Circuit joined
every other court of appeal in holding that in such cases the
statute of limitations runs from the later of two event: either the
return's filing date or the date of the last act of evasion.
Well after Irby filed the subject return, he was alleged to have
used nominee accounts to hide assets from the IRS. The court held
that the later use of the nominee accounts delayed the start of the
6-year limitations period, and made his prosecution timely.
On 17 January 2017, the UK Serious Fraud Office ("SFO"), the US Department of Justice ("DOJ"), and the Brazilian Ministério Público Federal ("MPF") announced an $800 million global settlement with Rolls-Royce plc and Rolls-Royce Energy Systems Inc..
On January 19, 2017, the Government of Mexico extradited drug lord Joaquín "El Chapo" Guzmán Loera to the United States following his dramatic escape from custody, a lengthy manhunt, and his subsequent recapture in Mexico.
The United States Supreme Court recently held that an officer's use of deadly force by shooting an armed individual before issuing a verbal warning did not violate a clearly established Fourth Amendment right...
In a recently released report, TRACE International, an international anti-bribery business association, ranked 199 countries based on the risk of encountering bribery within the country's public sector.
In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments in the past month with links to primary resources.
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