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IRS Penalties, Audits, Benefit Plans 419e 412i

IRS tax relief firm, Lance Wallach, speaking at attorney CPA's convention on abusive tax shelters, benefit retirement plans, 419e 412i plans, material advisor penalties, IRS audits, and expert witness tax court cases.

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  1. Life Insurance
    IRS Says Most 419 Plans
    Are Abusive Tax Shelters
    IRS Says Most 419 Plans
    Are Abusive Tax Shelters
    by Lance Wallach, CLU, ChFC, CIMC
    O
    Be skeptical of the plan
    promoter who says that all
    the other 419 plans are
    abusive, but that their plan
    is legal. It appears that
    almost every so called “419
    plan” is abusive.
    n October 17, 2007, the IRS, in
    Notice 2007-83, identified as listed
    transactions certain trust
    arrangements involving cash value life
    insurance policies. Revenue Ruling
    2007-65, issued simultaneously,
    addressed situations wherein the tax
    deduction has been disallowed, in whole
    or in part, for premiums paid on such
    cash value life insurance policies. These
    arrangements claim to be welfare benefit
    plans.
    Taxpayers participating in listed
    transactions must disclose such
    participation to the Internal Revenue
    Service. Failure to disclose can result in
    severe penalties, up to $100,000 for
    Penalties can also be assessed against the
    insurance agent who sold the plan or the
    accountant who recommended it. In
    Notice 2007-84, the IRS threatened to
    impose penalties under IRC Sections 6700
    and abettors (insurance agents) even if the
    plan is not a listed transactions.
    Revenue Ruling 2007-65 describes
    situations in which cash value life
    insurance is bought for owners or other
    employees. These are sold as 419(e),
    419A(f)(6), and 419 plans. The
    419A(f)(6) plan was previously
    categorized as a listed transaction. Other
    arrangements, described by the ruling,
    may also be listed
    penalties and alternative tax treatment on
    companies participating in such arrangements.
    The advisor who is approached by a client
    about one of these arrangements must
    exercise utmost caution and not only on
    behalf of the client. Your client must do
    impeccable research on the promoter, who
    is likely to have once been in the 419A(f)
    (6) arena. If that is true, the IRS has his
    name and that, in turn, makes an audit far
    riskier and more likely. Be skeptical of the
    plan promoter who says that all the other
    419 plans are abusive, but that their plan is
    legal. It appears that almost every so called
    “419 plan” is abusive. ❑
    ––––––––––
    Lance Wallach, CLU, ChFC, CIMC, speaks
    and writes extensively about VEBAs, life
    insurance, and retirement plans. For more
    information, call 516-938-5007/935-7346.

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