Knowledge Center

Tuesday, March 17, 2015

HMB's Jordan Goodman Quoted in Tax Analysts on Curbing the Power of Whistleblowers to Apply Illinois's False Claims Act to Tax

Excerpt from Tax Notes/State Tax Today, Tuesday, March 17, 2015

Today an article appeared in State Tax Notes covering several bills pending in the Illinois General Assembly which would do much to curb the power of whistleblowers to apply Illinois's False Claims Act to tax, an issue that many states around the country are struggling with, but that has been particularly prevalent in Illinois. Qui tam actions are more about making money for the whistleblower than for getting at the correct amount of tax. The cases have become so numerous that they are creating a strain on both the tax department and the practitioners that have to try to defend them. Jordan Goodman of Horwood Marcus & Berk commented in the article, saying:

"Illinois is the most fertile ground in the country for these types of suits...Other states have got to be breathing a sigh of relief. It's not fun to defend these. It's not delving into the legal issues that we enjoy."

Jordan also said legislation is necessary to curb qui tam actions and said Illinois practitioners hate defending them. Goodman is a member of the Multistate Tax Commission work group that is developing a whistleblower model. The group is studying the IRS whistleblower program and is considering emulating it.

Copyright 2015 Tax Analysts. Reprinted with permission.

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