Employment Tax Cases: Minimizing Tax Assessments, Penalties & Interest


Live Broadcast on September 15, 2016

Employers are responsible to withhold, deposit, report and pay federal employment taxes for their employees. Employers facing cash flow crunches or shortages often turn to the withheld taxes as a source of business finance through either sloth, willful neglect, or the mistaken belief that they can catch up on the payments without penalty.  These employers are seriously misinformed, and face harsh penalties including potential criminal liability, huge fines, and possible jail time.  The penalty structure is draconian for the business, and the payment of these penalties may often leave the business in worse financial shape. To add insult to injury, often key employees of the business are individually assessed for millions of dollars in unpaid tax liability.  These assessments may not be dischargeable in bankruptcy.

In this CLE, attorney Jeffrey D. Katz, JD, LLM, will address the types of penalties assessed, the manner that penalties are assessed and discuss mechanisms for avoiding penalty assessment and limit individual exposure for these taxes.  Many practitioners are not fully aware of the options that are available to them in the resolution of these tax liabilities, and often mistakenly rely solely on guidance provided by the Internal Revenue Service or state revenue agency to resolve these liabilities.  Mr. Katz, previously with KPMG, provides high level tax advice to his clients who face tens of thousands to millions of dollars in tax assessments.  He has successfully navigated his clients through hundreds of millions of dollars of potential penalty assessments, and regularly avoids enforced collection.

When completed, the viewer will have working knowledge of payment options to resolve prior tax liabilities, strategies to avoid current tax penalty imposition, and high value alternatives to minimize the imposition of personal tax liability to officers, directors and shareholders of failing entities.  Viewers will have a playbook of strategies that they can offer their clients to resolve tax liabilities and abate tax penalties.  Strategies discussed will be drawn from actual tax cases, and include time estimates for resolution and potential likelihood for success.

Key topics to be discussed:

  • Tax Assessments
  • Penalties
  • Interest in Employment Tax Cases

Date / Time: September 15, 2016

  • 10:00 am – 12:00 pm Eastern
  • 9:00 am – 11:00 am Central
  • 8:00 am – 10:00 am Mountain
  • 7:00 am – 9:00 am Pacific

Choose a format:

  • Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.
  • On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 7 business days after the original recording date.



jeffrey-katzJeffrey D. Katz, Esq. received his undergraduate degree from the American University (Washington, DC) — BS Political Science/Justice (1994), law degree from the Chicago-Kent College of Law in 1997, and Masters of Taxation (LLM) from the University of Miami (Coral Gables, FL) in 1998. Mr. Katz academic record placed him on the Dean’s List for second and third years of Law School, and he was awarded the CALI award for outstanding achievement in Advanced Tax Research at the Juris Doctorate Level, and in Corporate Tax at the LLM level.

As a tax and business attorney, Mr. Katz began his career with the accounting firm KPMG/Peat Marwick, LLP (now known as KPMG, LLP) at the firm’s Mid-Atlantic Tax Practice, providing Corporate, M&A, and Asset Protection advice to star-studded Fortune 500 clientele, inclusive of MCI/Worldcom, Sodexho/Marriott, and Hechinger Co., local business such as First Maryland Bancorp (now M&T Bank), B.F Saul Co. (Chevy Chase Bank), Crestar Bank, N.A. (now SunTrust), Genesis HealthCare (now NeighborCare) and ACSI, Inc. (E.Spire Communications), and international clients such as Wartsila N.S.D. Since entering private law practice, Katz has continued to provide high-value representation in to corporate and individual clients alike, whether based nearby or from all corners of the globe.

This background has equipped Mr. Katz to help a roster of national and international clients, both individual and corporate, grapple with a range of legal and business issues. He handles business formations, business sales, and business disputes, commercial real estate transactions, complex estate planning, elder care issues, and state and federal tax disputes.

Mr. Katz’s track record of success is not limited to the boardroom, but also extends to administrative law hearings before the Internal Revenue Service, Comptroller’s Office, MD Department of Labor Licensing and Regulation, Small Business Administration, US Department of Labor, and various other state, local, and administrative agencies.

Mr. Katz is a member of the Maryland bar, the Montgomery County Bar Association, the Maryland State Bar Association, and is admitted to practice before the Maryland District and Circuit Courts, the Maryland Federal District Court, and the United States Tax Court.

Mr. Katz is a frequent contributor to publications and periodicals, with recent articles having appeared in Bloomberg/BNA, and The Washington Business Journal, and a frequent speaker for NBI and MyLawCLE.

Areas Of Practice
Trusts & Estates
Tax Whistleblowers and Tax Qui Tam
Wills & Probate
Exempt Organizations
Capital Services

Bar Admissions
Maryland, 1997
U.S. Tax Court, 2003
U.S. District Court, 2007

University of Miami School of Law, Coral Gables, Florida
LL.M. – 1998
Honors: CALI Excellence for the Future Award– Corporate Tax
Chicago-Kent College of Law, Illinois Institute of Technology, Chicago, Illinois
J.D. – 1997
Honors: Dean’s List
Honors: CALI Excellence for the Future Award– Advanced Tax Research
Honors: Phi Alpha Delta
American University, Washington, District of Columbia
B.A. – 1994
Honors: Dean’s List
Honors: Delta Chi
Honors: District of Columbia Advisory Neighborhood Commissioner 3D, 1993-1994

Professional Associations and Memberships
Maryland State Bar Association, Member, 1997 – Present
Montgomery County Bar Association, Member, 2000 – Present

CLE Accreditation:
mylawCLE seeks approval in all states except VA.

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N/A – VA
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CLE 2.00 – WA
CLE 2.40 – WI
CLE 2.40 – WV
CLE 2.00 – WY

Accreditation Policy
myLawCLE will seek credit where attending attorneys are primarily licensed for all of its live webinars and live teleconferences, except in states which allow for reciprocity (see reciprocity section below). Credit for CLE in a self-study format is sought for in most states; however, some states do not allow for CLE credit to be earned in a self-study format (see the self-study section below). Many states typically decide whether a program qualifies for MCLE credit in their jurisdiction 4-8 weeks after the program application is submitted. For many live events, credit approval is not received prior to the program. Credit hours granted are subject to approval from each state.

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Section I. Late employment tax deposit (one to five days late)

Section II. Late employment tax deposit (six to fifteen days late)

Section III. Late employment tax deposit (six to fifteen days late)

Section IV. Late employment tax deposit (sixteen days or more)

Section V. Penalties imposed after receipt of notice stating that federal employment taxes are owed, and deposit paid directly to the IRS within ten days of the notice

Section VI. Penalties imposed after receipt of notice stating that federal employment taxes are owed, and deposit paid directly to the IRS after ten days of the notice

Section VII. Penalties applied where deposits made at a financial institution that is not an authorized financial institution

Section VIII. Failure to File Penalties, by month

Section IX. Failure to Pay penalties by month

Section X. Distinctions between failure to file and failure to pay penalties

Section XI. Criminal penalties for willfulness in evasion

Section XII. Criminal penalties for willful failure to collect or pay

Section XIII. Criminal penalties for willful failure to file a return, keep federal employment tax records, or give the IRS information it requires

Section XIV. Criminal penalties for submission to IRS of a fake IRS form or misstatement in filing