31 C.F.R. § 1010.820
[Reserved]
Notes of Decisions
Cited in 14
cases (6 in the last 5 years), 2018–2022 · leading case: United States v. Kahn
United States v. Kahn (2021)
“§ 5321 as amended in 2004, the maximum penalty for Kahn's 8 failure to file an FBAR is 50 percent of the aggregate balance in the accounts at the 9 time of that failure; the court rejected defendants' contention that a 1987 Treasury 10 Department regulation, 31 C.F.R. § 1010.820…”
United States v. Wahdan (2018)
“The first is 31 C.F.R. § 1010.820 (g), which provides that "[f]or any willful violation [of the FBAR implementing regulations] involving a failure to report the existence of an account or any *1139 identifying information required to be provided with respect to such account,"…”
United States v. Jung Joo Park (2019)
“Charles argues that, while § 5321(a)(5)(C) provides that the maximum FBAR penalty is $100,000 or 50% of the amount in the unreported account, the penalty is further limited by 31 C.F.R. § 1010.820 (g), which provides that the maximum penalty for a willful violation is not to…”
United States v. Said Rum (2021)
“The magistrate judge rejected Rum’s arguments that willfulness did not include recklessness and that the court should employ the maximum penalty found at 31 C.F.R. § 1010.820 (g)(2) rather than the one found at 31 U.”
United States v. Peter Horowitz (2020)
“III The Horowitzes next contend that “[e]ven if the district court were correct on the willfulness issue,” the court “still erred by failing to limit the penalty per willful violation to the $100,000 limit set by 31 C.F.R. § 1010.820 (g)(2).” They acknowledge that this…”
Norman v. United States (2019)
“§ 5321 rendered void 31 C.F.R. § 1010.820 (g) (2010), a 1987 regulation capping penalties for willful vio- lations of § 5314 at $100,000.”
Kimble v. United States (2021)
“Kimble argues that the severity of the penalty vio- lates the maximum allowed by 31 C.F.R. § 1010.820 and that the Court of Federal Claims erred in holding that the regulation was superseded by 31 U.”
United States v. Toth (2022)
“The regulation in question is 31 C.F.R. § 1010.820 (g)(2) (2012), and Toth is right that it states that the maximum penalty that may be imposed for a willful failure to file in FBAR is $100,000.”
Kimble v. United States (2018)
“Druker, Kase & Druker, Garden City, New York, Counsel for Plaintiff. Jason S. Selmont, United States Department of Justice, Tax Division, Washington, D.”
United States v. Kahn (2021)
“§ 5321 as amended in 2004, the maximum penalty for Kahn's 8 failure to file an FBAR is 50 percent of the aggregate balance in the accounts at the 9 time of that failure; the court rejected defendants' contention that a 1987 Treasury 10 Department regulation, 31 C.F.R. § 1010.820…”
Norman v. United States (2018)
“District Court of the Western District of Texas held that a regulation, 31 C.F.R. 1010.820, under the previous version of the Bank Secrecy Act, which caps penalties under § 5321 at $100,000, was still valid.”
Landa v. United States (2021)
“Landa argues that he had no such financial interest in the The plaintiff’s complaint originally alleged that the IRS acted in an arbitrary or capricious 6 manner in imposing a 50-percent penalty, arguing that the penalty amount contravened 31 C.F.R. § 1010.820 (g)(2). That…”
— 31 C.F.R. § 1010.820(g) — 1 case
United States v. Wahdan (2018)
“The first is 31 C.F.R. § 1010.820 (g), which provides that "[f]or any willful violation [of the FBAR implementing regulations] involving a failure to report the existence of an account or any *1139 identifying information required to be provided with respect to such account,"…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.