UPDATE: U.S. Supreme Court Considers “Required Records” Case

UPDATE:  The Supreme Court announced this morning that it has denied the petition for writ of certiorari in this case (see Order List here) meaning that that Court will not hear the case.

Today the U.S. Supreme Court met in conference to decide whether to grant a writ of certiorari in the case T.W. v. United States, No. 12-853.  The cert petition filed in the case raises the issue of whether the so-called “required records” doctrine can be employed by the government to require a taxpayer to produce foreign bank account records.  The specific question presented is as follows:

Whether the required records doctrine can be invoked to “override” or “supersede” the Fifth Amendment act-of-production privilege that concededly arises when, as here, the record-keeping requirement presumptively applies to all taxpayers and the compelled production of records would be testimonial and incriminatory.

We previously posted (see here) about the government’s use of the “required records” doctrine as part of its crackdown on offshore tax evasion through the use of secret foreign bank accounts. 

On Monday, May 13, 2013, the Supreme Court is expected to announce its decision as to whether cert will be granted.  Stay tuned.


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