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Zhanna Ziering Comments on the Government's Third Circuit Brief in Bedrosian

April 26, 2018, Bloomberg BNA, Daily Tax Report: International

The government is appealing a September 2017 ruling from the U.S. District Court for the Eastern District of Pennsylvania that Arthur Bedrosian, the CEO of Lannett Co. Inc., was entitled to a refund of the FBAR penalty he paid for not disclosing a $2 million UBS account.

“I liked the district court's opinion because it was the first court that was willing to draw a line between recklessness and negligence,” Zhanna A. Ziering, a tax member at Caplin & Drysdale, Chartered in New York, told Bloomberg Tax. Ziering called the government's appeal a “risk” because it has so far won all the FBAR cases at the circuit court level and the Bedrosian case is very “fact-specific.”

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No Excuse or Defense

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“Based on the government's brief, the government is trying to get the circuit court to clearly adopt a move from ‘willfulness’ into ‘recklessness’,” Ziering said. “If the court agrees, a taxpayer's intent will become irrelevant.”

For the full article, please visit Bloomberg BNA’s website (subscription required).

Excerpt taken from the article “Pharma CEO ‘Reckless’ in Not Disclosing Swiss Account: Government” by Matthew Beddingfield for Bloomberg BNA.


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