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2025-03-27 14:00:00

2 Credits

Tax penalty defense strategies covering voluntary disclosure programs, reasonable cause arguments, and IRS penalty abatement procedures for noncompliant taxpayers.

2025-03-27 14:00:00

Tax penalty defense strategies covering voluntary disclosure programs, reasonable cause arguments, and IRS penalty abatement procedures for noncompliant taxpayers.

2025-03-27 14:00:00

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Live stream programs

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1000+

Live stream programs

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Trusted by Legal Professionals

Course Overview

Navigating IRS Penalties and Voluntary Disclosure

Participants will learn strategies for correcting taxpayer noncompliance and mounting effective penalty defenses. Master reasonable cause arguments and procedural tools to achieve penalty abatement.

Key topics that will be covered

What will you learn

Attorneys will learn about voluntary disclosure programs, IRS penalty calculations, reasonable cause defenses, and strategic considerations for correcting taxpayer noncompliance with domestic and international filing requirements.

What will you gain

Attorneys will gain practical strategies for mounting effective penalty abatement arguments, understanding procedural defenses, and navigating multiple IRS correction programs for willful and non-willful noncompliance.

Voluntary Disclosure
Submit Form 14457 for willful noncompliance with pre-clearance and closing agreement.
Streamlined Procedures
Non-willful taxpayers submit three years of returns and six years of FBARs.
Reasonable Cause
Defense requires showing ordinary business care and prudence in compliance efforts.
International Penalties
FBAR willful violations carry penalties of 50% of highest account balance.
Professional Reliance
Neonatology test allows defense when relying on competent professional’s incorrect advice.
Supervisory Approval
Penalties require written supervisory approval before assessment under IRC section 6751(b).

What will you learn

Attorneys will learn about voluntary disclosure programs, IRS penalty calculations, reasonable cause defenses, and strategic considerations for correcting taxpayer noncompliance with domestic and international filing requirements.

What will you gain

Attorneys will gain practical strategies for mounting effective penalty abatement arguments, understanding procedural defenses, and navigating multiple IRS correction programs for willful and non-willful noncompliance.

Agenda

Session 1

Correcting Noncompliance and IRS Penalty Relief Strategies

Break

Scheduled Break Between Educational Sessions

Session 2

Penalty Defense: Reasonable Cause and Constitutional Considerations

clock 2:00 pm - 3:00 pm EST

Correcting Noncompliance and IRS Penalty Relief Strategies

Phillip J. Colasanto

Withers Bergman LLP

Gray Proctor

Kostelanetz LLP

This session explores the landscape of taxpayer noncompliance, focusing on U.S. worldwide taxation obligations and the various correction programs available including Voluntary Disclosure, Streamlined Filing, and quiet disclosure options. Practitioners will learn to navigate common IRS penalties—from failure to file and pay penalties to international information return penalties—and understand calculation methods, abatement procedures, and first-time abatement criteria.

Phillip J. Colasanto

Withers Bergman LLP

Gray Proctor

Kostelanetz LLP

clock 3:00 pm - 3:10 pm EST

Scheduled Break Between Educational Sessions

Phillip J. Colasanto

Withers Bergman LLP

Gray Proctor

Kostelanetz LLP

A brief intermission allowing attendees to refresh and prepare for the next session. Use this time to review notes and formulate questions for the upcoming penalty defense discussion.

Phillip J. Colasanto

Withers Bergman LLP

Gray Proctor

Kostelanetz LLP

clock 3:10 pm - 4:10 pm EST

Penalty Defense: Reasonable Cause and Constitutional Considerations

Phillip J. Colasanto

Withers Bergman LLP

Gray Proctor

Kostelanetz LLP

This session examines the cornerstone reasonable cause defense, detailing standards for failure to file, failure to pay, and accuracy-related penalties, including the critical Neonatology test for professional reliance. Attendees will explore cutting-edge developments including Loper Bright’s impact on challenging unfavorable regulatory definitions and Jarkesy’s constitutional implications for jury rights in tax penalty adjudication.

Phillip J. Colasanto

Withers Bergman LLP

Gray Proctor

Kostelanetz LLP

01 03
Prev
Next

speakers

Joe Ervin

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Kevin Foley

Reminger Co
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Grant H. Lawson

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Phillip J. Colasanto

Withers Bergman LLP

Gray Proctor

Kostelanetz LLP

Phillip J. Colasanto

Withers Bergman LLP

Phil is a senior associate at Withers Bergman LLP (Withers Worldwide) with a practice focused on domestic and international tax controversy. He has represented clients before the U.S. Tax Court, U.S. district court, U.S. Court of Appeals, and various state courts from audit through trial and appellate level.

Recognition & Leadership

Former American Bar Association John S. Nolan Fellow (2019-2020). Awarded the New York County Lawyers' Association Pro Bono Award in 2022. Published several tax-related articles in Tax Notes, Bloomberg BNA, Journal of Tax Practice and Procedure, EA Journal, and The Practical Lawyer.

Professional Involvement

Chair of the Tax Collections Bankruptcy and Workouts Committee at the American Bar Association. Speaker at American Bar Association, New York County Lawyers' Association, IRS Nationwide Virtual Tax Forum, CPA Academy, and NYU Tax Controversy Forum. Provides pro bono service for taxpayers.

Experience

Senior associate at Withers Bergman LLP focused on domestic and international tax controversy. Has represented clients before U.S. Tax Court, U.S. district court, U.S. Court of Appeals, and various state courts from audit through trial and appellate level.

Phillip J. Colasanto

Withers Bergman LLP

Phil is a senior associate at Withers Bergman LLP (Withers Worldwide) with a practice focused on domestic and international tax controversy. He has represented clients before the U.S. Tax Court, U.S. district court, U.S. Court of Appeals, and various state courts from audit through trial and appellate level.

Recognition & Leadership

Former American Bar Association John S. Nolan Fellow (2019-2020). Awarded the New York County Lawyers' Association Pro Bono Award in 2022. Published several tax-related articles in Tax Notes, Bloomberg BNA, Journal of Tax Practice and Procedure, EA Journal, and The Practical Lawyer.

Professional Involvement

Chair of the Tax Collections Bankruptcy and Workouts Committee at the American Bar Association. Speaker at American Bar Association, New York County Lawyers' Association, IRS Nationwide Virtual Tax Forum, CPA Academy, and NYU Tax Controversy Forum. Provides pro bono service for taxpayers.

Experience

Senior associate at Withers Bergman LLP focused on domestic and international tax controversy. Has represented clients before U.S. Tax Court, U.S. district court, U.S. Court of Appeals, and various state courts from audit through trial and appellate level.

Gray Proctor

Kostelanetz LLP

Gray Proctor is a board-certified appellate specialist and seasoned federal litigator whose practice sits at the intersection of appellate advocacy, tax controversy, and administrative law. As one of fewer than one percent of active Florida Bar members to hold board certification in appellate practice, he brings a rare combination of procedural rigor and substantive depth to every case he handles. His published scholarship on the constitutional implications of SEC v. Jarkesy for tax penalty procedure has been cited by courts and practitioners as a leading analysis of the administrative law shifts reshaping federal regulatory enforcement.

Education & Credentials

Gray earned his J.D. from Vanderbilt University Law School, where he was named to the Dean's List and received the Book Award for Criminal Procedure. He also holds a B.S. from the University of Texas at Dallas and an M.A. from the University of New England. He is admitted to practice before the United States Supreme Court, the United States Tax Court, the First through Sixth and Eleventh Circuit Courts of Appeals, multiple federal district courts across Florida and Georgia, and the state bars of Florida and Georgia. He has been board certified in appellate practice by the Florida Bar since 2021.

Recognition & Leadership

Gray has earned distinction at every stage of his career. He completed three prestigious federal clerkships — on the U.S. Court of Appeals for the Fourth Circuit, the U.S. District Court for the Eastern District of Virginia, and the U.S. District Court for the Southern District of Texas — a breadth of judicial experience that sharpened his appellate instincts and procedural command. He is AV Preeminent rated by Martindale-Hubbell, the highest peer-review rating available, and has been recognized by Florida Trend magazine as a Florida Legal Elite in Appellate Practice. His amicus work on behalf of the Center for Taxpayer Rights — spanning briefing before the U.S. Tax Court, the Eleventh Circuit, and the Supreme Court — has positioned him as a thought leader in the constitutional questions now transforming federal tax enforcement.

Professional Involvement

Gray is an active voice in the tax controversy and appellate communities. He has spoken on the ongoing impact of Jarkesy on tax penalty adjudication and has presented at forums including the IFA North America Trilateral Current Developments Webinar. He is a published author on topics including Eighth Amendment excessive-fines challenges to tax promoter penalties and due process limitations on refund jurisdiction. Beyond his private practice, Gray demonstrates a strong commitment to access to justice. He accepts court-appointed representations under the Criminal Justice Act in the Sixth and Eleventh Circuits, advocating for indigent defendants in direct criminal appeals. He has also represented clients in death row clemency proceedings and contributed to post-conviction relief efforts, including the successful reversal of a high-profile Tennessee murder conviction.

Experience

Gray's appellate practice encompasses the full lifecycle of federal tax controversies — from preserving constitutional and statutory challenges at the U.S. Tax Court level, to developing appellate strategy as cases advance to the circuit courts, to briefing and oral advocacy before the circuits and the Supreme Court. He has played a central role in coordinating Jarkesy-based Seventh Amendment and Article III challenges across multiple Tax Court proceedings and has provided briefing support in large-scale consolidated trials involving conservation easement partnerships facing substantial federal tax and penalty exposure.He also serves as appellate co-counsel to trial teams in matters beyond tax, particularly cases involving federal agency action and APA procedure, where his background adds a dimension of expertise that few appellate generalists can match. His broader appellate practice includes commercial litigation, insurance coverage disputes, and criminal appeals in both state and federal courts.

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Why Attend

Why this 
program matters

Mastering IRS penalty defense and reasonable cause arguments is essential for practitioners to protect clients from severe financial consequences and potential criminal exposure in tax controversies.
$84B
Total civil penalties assessed by the IRS in fiscal year 2024, highlighting the massive scope of enforcement activity affecting taxpayers. (IRS Data Book 2024)
100+
Separate civil and criminal penalty provisions exist in the Internal Revenue Code, creating a complex compliance landscape for taxpayers. (Treasury Department Study, Congressional Testimony)
$11B
Total collected from voluntary disclosure programs since 2009, with over 56,000 taxpayers using these programs to resolve offshore noncompliance. (IRS IR-2018-52)
50.7M
Individual civil penalties were assessed by the IRS in 2024, making penalties the most common post-filing tax issue taxpayers face. (IRS Data Book 2024, Table 28)

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