Jeremy Temkin

New York

Contributor at Forbes

Contributor at New York Law Journal

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Articles

The Excessive Fines Clause Comes for the FBAR Civil Penalty

Sep 18, 2024 | law.com | Jeremy Temkin

Congress has long required taxpayers with interests in certain foreign bank accounts to report their holdings on Reports of Foreign Bank and Financial Accounts, commonly known as FBARs. As this column has previously discussed, willfully failing to report accounts exposes taxpayers to penalties of up to $100,000, or 50% of the balance of unreported accounts, while a lesser penalty of $10,000 applies to non-willful violations. See Jeremy H.
Supreme Court Round-Up on Tax Issues

Jul 16, 2024 | law.com | Jeremy Temkin

On July 1, 2024, the Supreme Court concluded its October 2023 Term. While the term will probably be best known for the presidential immunity decision in Trump v. United States, the court decided two cases (Moore v. United States and Connelly v. United States) addressing tax issues, and one non-tax case that will reduce the deference courts give the Internal Revenue Service’s statutory interpretations and therefore will impact tax controversies for years to come. ‘Moore v.
‘Farhy v. Commissioner’: D.C. Circuit Reverses Win for Taxpayers

May 15, 2024 | law.com | Jeremy Temkin

The Internal Revenue Code contains over 100 provisions penalizing taxpayers for various acts of noncompliance. Certain penalties are expressly subject to “assessment” by the Internal Revenue Service (IRS) and therefore governed by administrative collection procedures, including the imposition of liens and levies. By contrast, other penalties can only be collected through a civil action in federal district court.
Attorney-Client Privilege in the Global Economy

Mar 20, 2024 | law.com | Jeremy Temkin

The practice of law is increasingly global, involving more cross-border transactions giving rise to civil litigation and governmental investigations in multiple jurisdictions. This is especially significant in tax matters where multinational companies structure transactions to minimize their worldwide tax obligations.
'Jackpot' Is Generic Term, 2nd Circuit Panel Rules in Lottery Ticket Sites' Trademark Fight

Mar 19, 2024 | feeds.feedblitz.com | Brian Lee |Ellen Bardash |Jeremy Temkin |Alan Kolod

A three-judge panel of the U.S. Court of Appeals for the Second Circuit on Monday upheld a district court ruling in favor of lottery website and app Jackpot.com in a trademark suit filed by lottery website and app Jackpocket, finding that “jackpot” is a generic term in the lottery and gaming industry.
Tax Return Confidentiality: Recent Developments

Jan 17, 2024 | law.com | Jeremy Temkin

Adopted in 1976, 26 U.S.C. §6103 prohibits the Internal Revenue Service (IRS) from disclosing tax returns and “return information” absent specified exceptions. The statute was initially enacted in response to widespread concern over the misuse of tax filings to pursue political vendettas, but more recently has drawn attention as a battleground over efforts to obtain copies of former President Trump’s tax returns. See J.
Tax Reform Act of 1969: A Remembrance

Dec 22, 2023 | feeds.feedblitz.com | Jeremy Temkin |Joseph LiPari |Aaron S. Gaynor |Jerry Goldfeder

In recent years, I’ve looked back every December at the passage of the Tax Reform Act of 1969, enacted in December of that year. I was there, practicing charity and estate-planning law and writing my monthly newsletter. I worked with charities informing the Congress—Ways & Means and Senate Finance Committee members and their staffs, and the staff of the Joint Committee on Taxation—on the importance of private giving for the public good.
‘Affirmative Recruiting’ Under Title VII

Nov 15, 2023 | newsbreak.com | Jeremy Temkin

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Is the ‘Klein’ Conspiracy Doctrine Doomed?

Nov 15, 2023 | law.com | Jeremy Temkin

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas. View Now Our Team Account subscription service is for legal teams of four or more attorneys.
Tax Court Deadlines: Greater Leeway for Taxpayers?

Sep 13, 2023 | law.com | Jeremy Temkin

Congress created the United States Tax Court to hear grievances over certain actions taken by the Internal Revenue Service (IRS), but has fixed time limits for taxpayers to file petitions depending on the issue they seek to have reviewed.