New IRS Procedures to Ensure Effectiveness of Civil FBAR Penalties
Posted by William Byrnes on August 12, 2015
The purpose of the IRS interim guidance is to implement procedures to improve the administration of the Service’s FBAR compliance program.
When asserting an FBAR penalty, the burden is on the IRS to show that an FBAR violation occurred 
and, for willful violations, that the violation was in fact willful. The FBAR penalty provision of Title 31 establishes only maximum penalty amounts, leaving the IRS to determine the appropriate FBAR penalty amount based on the facts and circumstances of each case.
Read the May 13, 2015 IRS FBAR Guidance
Prof Jack Townsend, on his federal tax crimes blog, discusses the recent Moore v United States (W.D. WA 2015) in which the Court “admonishes the IRS and imposes a cost for misleading the taxpayer” about a FBAR assessment.
William Byrnes' Tax, Wealth, and Risk Intelligence 
Leave a Reply