Confidence games : lawyers, accountants, and the tax shelter industry

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Where to find it

Law Library — 3rd Floor Collection (3rd floor)

Call Number
HJ4653.T38 R67 2014
Status
Available

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Summary

The rise and fall of a tax shelter industry that enabled some of America's richest citizens to avoid paying their fair share of taxes.

For ten boom-powered years at the turn of the twenty-first century, some of America's most prominent law and accounting firms created and marketed products that enabled the very rich--including newly minted dot-com millionaires--to avoid paying their fair share of taxes by claiming benefits not recognized by law. These abusive domestic tax shelters bore such exotic names as BOSS, BLIPS, and COBRA and were developed by such prestigious firms as KPMG and Ernst & Young. They brought in hundreds of millions of dollars in fees from clients and bilked the U.S. Treasury of billions in revenues before the IRS and Justice Department stepped in with civil penalties and criminal prosecutions. In Confidence Games , Tanina Rostain and Milton Regan describe the rise and fall of the tax shelter industry during this period, offering a riveting account of the most serious episode of professional misconduct in the history of the American bar.

Rostain and Regan describe a beleaguered IRS preoccupied by attacks from antitax and antigovernment politicians; heightened competition for professional services; the relaxation of tax practitioner norms against aggressive advice; and the creation of complex financial instruments that made abusive shelters harder to detect. By 2004, the tax shelter boom was over, leaving failed firms, disgraced professionals, and prison sentences in its wake. Rostain and Regan's cautionary tale remains highly relevant today, as lawyers and accountants continue to face intense competitive pressure and regulators still struggle to keep pace with accelerating financial risk and innovation.

Contents

  • Acknowledgments and Note on Sources p. ix
  • Introduction p. 1
  • Part I Shelters Rising
  • 1 The IRS under Siege p. 11
  • 2 Why Tax Shelters Matter p. 25
  • 3 Gimme Shelters p. 45
  • Part II Accounting Firms
  • 4 The Skunk Works p. 77
  • 5 Watson's Choice p. 103
  • 6 Accounting for Fraud p. 133
  • 7 Dances with Wolves p. 155
  • Part III Law Firms
  • 8 The Texas Juggernaut p. 177
  • 9 Lowering the Bar p. 217
  • Part IV The Reckoning
  • 10 Turning the Tide p. 243
  • 11 The Government Closes In p. 273
  • 12 Endgame: KPMG and Jenkens p. 297
  • Conclusion p. 325
  • Notes p. 351
  • Index p. 395

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