U.S. government suing Canadian resident for $1.1M over bank form
"This has been a friggin' nightmare," says Jeffery Pomerantz
By Elizabeth Thompson, CBC News Posted: Mar 16, 2017 5:00 AM ET
YO MINISTER JOLY AND HUBBY BABY LACROIX
WHY IS IT I WAS NOT SURPRISED TO SEE CBC BLOCK ME OUT OF THE GATE?
467 Comments
David Raymond Amos
Oh My My I would lay odds
that our latest Attorney General from BC, the USDOJ, the IRS Revenue
Canada and legions of lawyers know that this article about FATCA is up
my alley bigtime because of the emails I sent about a certain lawsuit
in BC earlier this week.
Hell I bet that a few of the clever lawyers are expecting me to be one of the first to try to post a comment in here. Whether CBC allows my indignation towards their fellow Feds to stand the test of time within this domain financed by taxpayer funds, trust that there will be more phone calls, emails and blogs about this article in particular in short order.
Hell I bet that a few of the clever lawyers are expecting me to be one of the first to try to post a comment in here. Whether CBC allows my indignation towards their fellow Feds to stand the test of time within this domain financed by taxpayer funds, trust that there will be more phone calls, emails and blogs about this article in particular in short order.
Content disabled.
David Raymond Amos
David Raymond Amos
@David Raymond Amos FYI The
IRS or the USDOJ or Revenue Canada or CBC or anyone else can Google the
following words to find my blog about this article
"RE FATCA Methinks USDOJ lawyer Paul Butler is gonna have a Hell of a headache in short order"
If you are lazy here is the link
http://davidraymondamos3.blogspot.ca/2017/03/re-fatca-methinks-usdoj-lawyer-paul.html
"RE FATCA Methinks USDOJ lawyer Paul Butler is gonna have a Hell of a headache in short order"
If you are lazy here is the link
http://davidraymondamos3.blogspot.ca/2017/03/re-fatca-methinks-usdoj-lawyer-paul.html
@David Raymond Amos Why is it that I was not surprised to see CBC block me out of the gate?
John Gerrits
KMPG
@John Gerrits FYI KPMG years ago were etc used to audit the USDOJ and perhaps they still do I have not bothered to check lately
---------- Original message ----------
From: David Amos
Date: Wed, 15 Mar 2017 18:52:23 -0400
Subject: Re: RE Banksters I just called and tried to talk to the lawyer/Commissoner Lucie M. A. Tedesco
To: Sonia.Laplante@fcac-acfc.gc.ca, "Frank.McKenna"
Cc: David Amos
---------- Forwarded message ----------
From: "Lucie Tedesco (FCAC/ACFC)"
Date: Wed, 15 Mar 2017 21:44:12 +0000
Subject: Réponse automatique : RE Banksters I just called and tried to
talk to the lawyer/Commissoner Lucie M. A. Tedesco
To: David Amos
Thank you for your email. I will be out of the office until March
16th, 2017. Should you require immediate assistance, please contact
Sonia Laplante 613.941.4332 or by email
Sonia.Laplante@fcac-acfc.gc.ca.
Thank you.
Merci de votre message. Je serai absente jusqu'au 16 mars 2017.
Veuillez communiquer avec Sonia Laplante au 613.941.4332 ou par
courriel Sonia.Laplante@fcac-acfc.gc.ca pour toutes questions durant
mon absence.
Merci.
On 3/15/17, David Amos
---------- Original message ----------
From: David Amos
Date: Wed, 15 Mar 2017 16:42:51 -0400
Subject: RE Banksters I just called and tried to talk to the lawyer/Commissoner Lucie M. A. Tedesco
To: Richard.Gelinas@fcac-acfc.gc.ca, lucie.tedesco@fcac-acfc.gc.ca, Teresa.Frick@fcac-acfc.gc.ca, Brigitte.Goulard@fcac-acfc.gc.ca, cgsma@cihr-irsc.gc.ca, fellowships@sshrc-crsh.gc.ca, schol@nserc-crsng.gc.ca
Cc: David Amos
http://www.cbc.ca/news/business/fcac-bank-review-1.4025864
Canada's top consumer watchdog says it is reviewing business practices
at Canada's federally-regulated charter banks starting next month,
following a CBC investigation that has uncovered reports of troubling
sales practices at Canada's major financial institutions.
Lucie Tedesco, commissioner of the Financial Consumer Agency of
Canada, said in a statement Wednesday that her office is concerned
with reports that bank employees are pushing for and sometimes signing
customers up for products without their expressed consent, in order to
meet their own sales targets.
Lucie M. A. Tedesco
Commissioner
Called to the bar: 1989 (ON)
Financial Consumer Agency of Canada
427 Laurier Ave. W.
Ottawa, Ontario K1R 1B9
Phone: 613-941-4335
Fax: 613-941-1436
Email: lucie.tedesco@fcac-acfc.gc.ca
---------- Forwarded message ----------
From: David Amos
Date: Wed, 15 Mar 2017 15:37:09 -0400
Subject: Gee I wonder if Diane.Lebouthillier, Bob Hamilton and Nancy
Chahwan are ready to argue me in Federal Court down in the Maritimes
To: Bob.Hamilton@cra-arc.gc.ca, Diane.Lebouthillier@cra-arc.gc.ca,
Nancy.Chahwan@cra-arc.gc.ca, HAnglin
"atlantic.director"
marian.passmore@faircanada.ca, erika.aucoin@faircanada.ca,
sipa.toronto@sipa.ca
Cc: David Amos
, "Russell.George"
http://www.cbc.ca/news/business/banks-upselling-go-public-1.4023575
"Stan Buell from the Small Investor Protection Association says the
government needs to step in. (CBC)
A spokesperson for Finance Minister Bill Morneau said the minister
wasn't available for an interview, but sent a statement that says
Morneau "expects all financial institutions in Canada to adhere to the
highest standards when it comes to their consumer protection
obligations."
https://faircanada.ca/news-events/events/shareholder-rights-conference-shareholder-rights-relevant-todays-capital-markets/
Marian Passmore | Director of Policy and COO
marian.passmore@faircanada.ca | 416-214-3441
Erika Aucoin | Treasurer and Office Administrator
erika.aucoin@faircanada.ca | 416-214-3404
Shareholder Rights Conference: Are Shareholder Rights Relevant in
Today’s Capital Markets?
FAIR Canada, University of Toronto Faculty of Law and the Canadian
Coalition for Good Governance co-hosted a conference examining
shareholder rights in Canada on Friday, October 28th, 2016.
As institutional shareholders and hedge funds gain prominence in
today’s capital markets, shareholder rights have been under the
microscope: Has corporate law kept pace with the changing nature of
capital markets and growth of different types of shareholders? Is
“shareholder democracy” an outmoded concept? Do securities regulators
have a responsibility to respond to shareholder activism? If so, how?
Where do the interests of retail shareholders sit in the analysis?
The conference included a comparative view of Canada and the United
States, with a focus on recent developments in shareholder activism
and the rights that permit such activism to occur.
Opening Remarks: Ed Iacobucci, Dean, University of Toronto, Faculty of Law
Introduction: Anita Anand, Professor, University of Toronto, Faculty
of Law, JR Kimber Chair | Implications of Shareholder Activism
Closing Remarks: Maureen Jensen, Chair and CEO, Ontario Securities Commission
Panel One: Is “shareholder democracy” an outmoded concept?
What is the impact of hedge funds, pension funds, mutual funds,
ETFs and other institutional investors on shareholder democracy?
Should individual or retail shareholders influence the governance
of a corporation in Canadian capital markets and can they do so
without collective action?
In the face of the business judgement rule, does shareholder
democracy matter?
Moderator:
Stephen Erlichman, Executive Director, Canadian Coalition for Good Governance
Panelists:
Sharon Geraghty, Partner, Torys LLP
Naizam Kanji, Director, Office of Mergers and Acquisitions, Ontario
Securities Commission
Jon Lukonmik, Executive Director, Investor Responsibility Research
Center and Managing Partner of Sinclair Capital LLC
Panel Two: What reforms are needed?
Are reforms desirable to ensure greater shareholder democracy?
Is short versus long-term value maximization a real issue
especially in light of board fiduciary duties?
Should institutional shareholders have to consider the best
interests of their beneficiaries?
What are the appropriate roles of securities regulation and corporate law?
Moderator:
Ermanno Pascutto, Director, Canadian Foundation for Advancement of
Investor Rights
Panelists:
Mary Condon, Former Commissioner, Ontario Securities Commission and
Professor of Law, Osgoode Hall Law School
Carol Hansell, Partner, Hansell LLP
David Webber, Professor of Law, Boston University School of Law
Bob Hamilton,
Commissioner of the CRA
Bob Hamilton was appointed as the Commissioner of the Canada Revenue
Agency (CRA) effective August 1, 2016.
Prior to joining the Canada Revenue Agency, Bob served as Deputy
Minister of Environment Canada, and Deputy Minister of Natural
Resources Canada.
Bob was appointed Senior Associate Secretary of the Treasury Board in
March 2011 and named by the Prime Minister as the lead Canadian on the
Canada-United States Regulatory Cooperation Council.
Bob has held many senior positions in the Department of Finance,
including Senior Assistant Deputy Minister, Tax Policy, and Assistant
Deputy Minister of Financial Sector Policy.
He received his Honours BA and Master's degrees in Economics from the
University of Western Ontario.
Nancy Chahwan,
Deputy Commissioner of the CRA
Nancy Chahwan was appointed Deputy Commissioner of Revenue, Canada
Revenue Agency (CRA), effective March 13, 2017.
Prior to joining CRA, Nancy was the Assistant Deputy Minister of the
Government and Operations Sector within the Treasury Board Secretariat
(TBS). In that capacity, she supported the Treasury Board in its
management board and expenditure manager roles and led the provision
of independent strategic advice, analysis, guidance and oversight of
programs, operations, and expenditures for the Government Operations
Sector.
Prior to joining TBS, she held a number of key positions in Public
Works and Government Services Canada (PWGSC). Nancy was Assistant
Deputy Minister of the Parliamentary Precinct Branch, where she led
the rehabilitation of Canada's Parliament Buildings, one of the most
significant real property projects in government. Previously, she
gained experience in strategic and operational issues management by
holding positions of increasing responsibility in the Acquisitions and
Real Property programs as well as corporate services sectors. In 2009,
she was nominated Director General for the Quebec Region, where she
maximized the Region's contribution to the transformation agenda
through innovation and partnerships. In February 2012, she was
appointed Executive Director General in the Real Property Branch,
working alongside with the Assistant Deputy Minister to deliver a
national, multi-billion dollar program, and was responsible for major
initiatives such as the modernization of the workplace and the
transformation of systems and processes.
Nancy has been an advocate of leadership, wellness and innovation,
actively engaging with youth and managers networks across the
government. As National Secretary of the Institute of Public
Administration of Canada (IPAC) and Chair of its Montreal group, she
contributed to the promotion of excellence in public administration.
She continues to sit on boards of directors of private organizations.
Nancy holds a BA in Business Administration with a joint major in
Finance and Administration from the École des Hautes Études
Commerciales (Montreal).
---------- Forwarded message ----------
From: Jonathon Moore
Date: Mon, 13 Mar 2017 14:28:06 -0400
Subject: RE: Greedy Canadians and Yankees whine, bitch, complain and
talk tough about President Trump or the Tax Man or the Russians all
the damned time lately but do nothing N'esy Pas Diane Lebouthillier
and Russell.George?
To: David Amos
Cc: Charles Bruce
David--
Thank you for your email, and sorry I missed your recent call. I am
unable, however, to discern from your email what assistance you might
need on the lawsuit you mentioned briefly yesterday. Regardless, this
matter is going to be more within the bailiwick of Charles Bruce, whom
I suggest that you contact directly at 202-621-9231. [I am not sure
why my contact information appears to be listed on the ACA website, as
Charles has been the main contact over the years with this
organization.]
Charles--
I'm taking the liberty of introducing David Amos who apparently has a
case pending involving FATCA and is looking for some help stateside.
He can be reached directly at 902-800-0369.
Best to all.........
Jonathon R. Moore
Law Offices of Jonathon R. Moore, PLLC
1050 17th Street, N.W., Suite 301
Washington, D.C. 20036-5556
Tel: +1 (202) 255-5300
Fax: +1 (202) 965-7745
Email: jmoore@moorelawoffices.us
Our Websites: www.moorelawoffices.us
www.internationalphilanthropythebook.com
**********************************************************************************************************
This electronic mail message is intended only for the use of the
individual or entity to which it is addressed. It may contain
information that is privileged, confidential, proprietary or exempt
from disclosure under applicable law. If the reader of this message is
not the intended recipient, you are hereby notified that any
dissemination or distribution of this communication to other than the
intended recipient is strictly prohibited. If you have received this
communication in error, please notify us immediately by collect
telephone at (202) 965-5300 or email (jmoore@moorelawoffices.us) Thank
you.
---------- Forwarded message ----------
From: David Amos
Date: Mon, 13 Mar 2017 12:28:26 -0400
Subject: Gee I wonder if the layer Craig Scott and Neil Brooks have
lawyers who will speak form them in Federal Court down in the
Maritimes
To: cscott@osgoode.yorku.ca, Liberal / Assistance
NBInvestigates
Cc: David Amos
"duncan@bissettmatheson.com"
"matt.taibbi"
"sally.gomery"
CRAIG M. SCOTT
Professor of Law, Osgoode Hall Law School of York University
Mailing Address: Osgoode Hall Law School
Ignat Kanefff Bldg, York Univ
4700 Keele St
Toronto ON M3J 1P3
Email: cscott@osgoode.yorku.ca
Office: 3010
Telephone: 416-736-5366
Assistant: Sujivany Rajaratnam 416-736-2100 extension 22464
---------- Forwarded message ----------
From: David Amos
Date: Mon, 13 Mar 2017 11:50:40 -0400
Subject: Greedy Canadians and Yankees whine, bitch, complain and talk
tough about President Trump or the Tax Man or the Russians all the
damned time lately but do nothing N'esy Pas Diane Lebouthillier and
Russell.George?
To: claudine@parentaladvisoryshow.com, info@irsmedic.com,
aaro@aaro.org, david
jmoore@moorelawoffices.us, "mark.vespucci"
Cc: David Amos
https://www.youtube.com/watch?v=Iuiqq86Boi4&t=50s
Parental Advisory: The Show, Episode 63 - Keith Redmond: Expat Advocate
Published on Nov 28, 2016
Expat advocate Keith Redmond joins Anthony and Claudine to discuss the
new political climate and what that might mean for expats.
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Tel. 203.269.6699
info@irsmedic.com
Other numbers:
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https://www.americansabroad.org/our-management/
Charles M. Bruce is a specialist in international tax planning,
withholding tax regimes and compliance matters. He has served as Tax
Counsel at the United States Senate Finance Committee, as Vice-Chair
of the American Bar Association, Section of Taxation, Committee on
Foreign Activities of U.S. Taxpayers, and as Chair of the ABA Task
Force on International Trusts of that Committee. He is a member of the
American Bar Association, International Bar Association, International
Fiscal Association (US and UK branches), the Society of Trust and
Estate Practitioners, and the International Tax Planning Association.
He lives in Washington, DC and London. He serves as ACA's Legal
Counsel.
American Citizens Abroad, (ACA, Inc.)
11140 Rockville Pike, Suite 100-162
Rockville, MD 20852
Telephone 540-628-2426
info@americansabroad.org
http://www.moorelawoffices.us/Charles_Bruce_Bio.html
For additional information, please contact Jonathon R. Moore at +1 202
965 5300 or jmoore@moorelawoffices.us.
The Firm maintains principal offices in Washington, DC. It has
associated offices in London and New York City.
1050 17th Street, N.W., Suite 301
Washington, D.C. 20036-5556
United States
Telephone +1 202 965 5300
Facsimile +1 202 965 7745
http://www.moorelawoffices.us
We welcome all inquiries and comments.
https://www.facebook.com/pg/aaro.org/about/?ref=page_internal
4 rue de Chevreuse
Paris, France
@aaro.org
Call + 33 (0)1 47 20 24 1
http://www.cbc.ca/news/politics/taxation-canada-u-s-irs-1.4025880
U.S. government suing Canadian resident for $1.1M over bank form
"This has been a friggin' nightmare," says Jeffery Pomerantz
By Elizabeth Thompson, CBC News Posted: Mar 16, 2017 5:00 AM ET
Copy of the U.S. FBAR form. (U.S government)
The U.S. Justice Department is suing a Canadian resident for the equivalent of $1.1 million Cdn, saying he failed to file a form to the U.S. government listing his bank accounts outside the United States.
Jeffrey Pomerantz, a Vancouver-area resident with dual Canadian-U.S citizenship, filed his income tax returns to the IRS and the CRA during the three years in question but didn't file a second form called the Report of Foreign Bank and Financial Accounts (FBAR).
"This has been a friggin' nightmare," said Pomerantz when reached by CBC News.
- Canadian snowbirds could face U.S. taxman if they stick around too long
- FATCA has Americans renouncing citizenship
In the case filed in the United States District Court in Seattle, the U.S Justice Department is seeking $860,300 US in civil penalties, late payment penalties and interest.
Nor does Pomerantz appear to be an isolated case.
Toronto lawyer Hari Nesathurai says he is seeing an increase in the past couple of years in cases of the U.S. government going after Canadian residents subject to U.S. tax law who haven't filed FBAR reports.
"FBARs are a particular problem because a lot of Canadian [residents] don't realize that even an RRSP would require some sort of disclosure. Many people don't realize that and it's troubling because it's a penalty which applies on a non-disclosure even though there may be no tax payable."
"The FBARs are particularly concerning to Americans and people who are U.S. citizens or green card holders who probably don't understand that they have a reporting obligation."
Toronto tax lawyer Hari Nesathurai says he is
seeing an increase in the number of Canadian residents being asked to
file FBAR reports to the U.S. government. (C2 Global Law website)
"Prior to the commencement of the income tax examination, Pomerantz did not file a Treasury Form TD F 90-22.1 ("FBAR") for calendar year 2007, 2008 or 2009 to disclose the existence of any foreign accounts," wrote U.S. Department of Justice lawyer Paul Butler.
However, the Justice Department said Pomerantz had "at least two personal checking accounts" at the Canadian Imperial Bank of Commerce that were opened prior to Jan. 1, 2001 and which were open and active during the 2007-2009 period.
In addition, the Justice Department says Pomerantz formed a corporation in the Turks and Caicos Islands in 2003 named Chafford Ltd. to hold his personal investments and opened three bank accounts in Switzerland with Sal Oppenheim JR & Cie. In 2007, Pomerantz opened two more accounts in Switzerland with the same bank, the department says in its lawsuit.
Pomerantz filed income tax returns in Canada
and the U.S. for the years in question but didn't file the FBAR form
listing bank accounts outside the U.S. (Chip East/Reuters)
While the Justice Department's complaint says Pomerantz lived in the United States during all three years, documents prepared by Pomerantz's side found in the court file say he and his wife, a Canadian-Norwegian dual citizen, only lived in California for part of 2008 and 2009 before moving back to Canada.
"The petitioners were residents of Canada during the tax years in question and cannot be liable to double taxation and are entitled to relief under the U.S.," says the document.
The documents prepared by Pomerantz's side — which appear to be more closely tied to a challenge of the audit rather than the FBAR case — allege several mistakes in the IRS's information and in its calculations related to his bank accounts.
Filed 'to the best of his abilities'
It also suggests any mistakes or omissions in Pomerantz's filings to the IRS or the U.S. government were unintentional.
"The petitioners did not commit fraud. Jeffrey prepared his own tax returns incorrectly to the best of his abilities."
The last entry in the court file in the FBAR case was on March 3 when the Justice Department's lawyer sought an order to serve the summons and complaint on Pomerantz and his lawyer via international mail and courier.
Under an agreement negotiated between Canada
and the U.S. in the wake of U.S. FATCA legislation, the Canada Revenue
Agency is sending information about hundreds of thousands of Canadian
bank accounts to the U.S Internal Revenue Service. (Susan
Walsh/Associated Press)
Under the agreement, which is being challenged in Federal Court, the Canada Revenue Agency (CRA) has transferred information about thousands of Canadian bank accounts belonging to Canadian residents believed to qualify as U.S. persons under American tax law. While many are U.S. or dual citizens others may be born in the U.S. or simply spend enough time there to be subject to U.S. taxes.
Former Prime Minister Stephen Harper's government negotiated the information-sharing deal following the adoption of the Foreign Account Tax Compliance Act (FATCA) in the U.S.
Elizabeth Thompson can be reached at elizabeth.thompson@cbc.ca
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