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Today's Top Tax Article
Second Circuit Affirms Indictment Dismissal in KPMG Tax Shelter Case  

The U.S. Court of Appeals for the Second Circuit affirms the dismissal of indictments against 13 former partners and employees of KPMG LLP, who were charged with criminal tax fraud and conspiracy for abusive tax shelter activity while at the Big Four accounting firm. The court of appeals, in United States v. Stein, affirms a ruling of the U.S. District Court for the Southern District of New York that the government deprived the individuals "of their right to counsel under the Sixth Amendment by causing KPMG to place conditions on the advancement of legal fees" to the individuals and "to cap the fees and ultimately end them." ... Meanwhile, the Justice Department announces revisions to its policy on corporate criminal charging guidelines, an action that has implications for tax litigation.

This article was originally printed in today's BNA Daily Tax Report.

Recent developments >>

Featured Analysis
IRS Rules That Wall Street Cannot Buy Your Company's Pension Plan--Yet
By Michael G. Kushner, Esq.

Curtis, Mallet-Prevost, Colt & Mosle LLP,, New York, NY

   

Recently hedge funds, private equity funds, investment banks, and insurance companies (“Institutional Investors”) have been seeking approval from the IRS, the Department of Labor and the PBGC to “buy” frozen defined benefit pension plans (i.e., ones where participants are no longer earning new benefits because they have been shut down by their sponsoring employers).

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