Knowledge Center

Tuesday, November 04, 2014

HMB's Marilyn Wethekam Quoted in Tax Analysts on Several SALT Cases Pending in Illinois

Excerpt from Tax Notes/State Tax Today, Monday, November 3, 2014

Yesterday an article appeared in State Tax Notes on a number of cases that are pending in Illinois. The cases involve a private firm that has been bringing fraud cases against major taxpayers. Marilyn Wethekam of Horwood Marcus & Berk commented on the article:

"It is important to recognize that these cases are not traditional tax cases but rather are intentional fraud cases brought under the False Claims Act. This is the third decision, out of three trials, in which Judge Mulroy again concluded it was not his responsibility to interpret the law and determine if whether tax was in fact due. Rather, it was his sole responsibility to determine whether the taxpayer had the intent to defraud the state in filing its returns. The Department correctly points out that where there has been an audit and the shipping issue has been reviewed, the requisite intent is lacking. However, despite the Department's position, the Attorney General's office has consistently refused to intervene in such scenarios and put an end to what is clearly an abuse of the Illinois False Claims Act. The total lack of action on the part of the Attorney General's Office is not only disappointing but also raises serious questions as to the underlying rationale for the Office's failure to protect of the citizens of Illinois."

To read more, please visit the Tax Analysts website.

Copyright 2014 Tax Analysts. Reprinted with permission.

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