Richard S. Lehman, P.A. www.LehmanTaxLaw.com
2600 Military Trail, Suite 270, Boca Raton, FL 33431, 561-368-1113
tax penalties that might result from the disclosures of previously untaxedincome remained uncertain.The Amnesty program seems to add more certainty to the ordinaryVoluntary Disclosure policy in both of these areas. The Amnesty Programappears to grant amnesty from both civil and criminal tax charges, for ataxpayer’s previous undisclosed and unreported taxable income, so longas the taxpayer meets the following Amnesty Program requirements andmeets all of the requirements of the general Voluntary Disclosure policy.The I.R.S. manual spells out the principal requirements of the VoluntaryDisclosure which must be truthful, timely and complete. This occurs under the following circumstances1.
The undisclosed income has not come from an illegal source.2.
The taxpayer shows a willingness to cooperate (and in factdoes cooperate) with the I.R.S. in determining his or her correct tax liability; and3.
The taxpayer makes good faith arrangements with the I.R.S.to pay in full, the tax, interest and any penalties determinedby the I.R.S. to be applicable.4.
The disclosure must be timely which means it must bereceived before:(a)
The I.R.S. has initiated a civil examination or criminalinvestigation of the taxpayer, or has notified thetaxpayer that it intends to commence such anexamination or investigation.(b)
The IR.S. has received information from a third party(e.g., informant, other governmental agency or themedia) alerting the I.R.S. to the specific taxpayer’snoncompliance.(c)
The IR.S. has initiated a civil examination or criminalinvestigation which is directly related to the specificliability of the taxpayer; or (d)
The I.R.S. has acquired information directly related tothe specific liability of the taxpayer from a criminal