Unpacking The Fifth Amendment Act of Production Doctrine In Offshore Audits

This program, presented by seasoned crimInal and tax law attorney Michael DeBlis III, will explore how the Fifth Amendment applies to offshore tax audits.

The Fifth Amendment is normally associated with criminal proceedings and the prohibition against self-incriminating testimony. However, the Fifth Amendment is a little broader than that. Its protections also apply in some pseudo-criminal matters, such as contempt of Congress. More importantly, for tax law purposes, there is a documentary production privilege. There is a trio of cases that flesh out this concept. This program will examine those three cases and more. In this comprehensive overview, DeBlis will review the Fifth Amendment's application to tax law cases, including a discussion of the Fifth Amendment's privileges and defenses, Act of Production immunity, the Bank Secrecy Act, and how to invoke the Fifth Amendment to object to IRS summonses. 

1. Review Fifth Amendment privileges and defenses
2. Understand how the Fifth Amendment privilege against self-incrimination applies to tax cases, and examine applicable case law
3. Discuss how to invoke the Fifth Amendment in tax cases, and objecting to summonses
4. Explore Act of Production Immunity and whether it applies to foreign bank account records
5. Consider the Bank Secrecy Act and its IRS reporting requirements with respect to foreign financial accounts
6. Comprehend how the Required Records Exception interacts with the Bank Secrecy Act