Title

Criminal Tax Evasion and Taxpayer Intent

Abstract

The article focuses on the ruling of the U.S. Supreme Court in Boulware versus U.S. that a conviction for tax evasion needs proof of a tax deficiency. It was further held that the characterization of corporate distributions as nontaxable returns of capital or taxable dividends should be made in a mechanical fashion. It is said that the ruling resolved a long-standing split between the Circuit Courts of Appeal with regard to the application of the return-of-capital defense in criminal tax cases.

Department(s)

Finance and General Business

Document Type

Article

Publication Date

5-1-2006

Journal Title

CPA Journal

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