Michael Hamersley: Difference between revisions
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Two Lawyers, Drier and Hamersley, is there any difference? There can be no doubt Hamersley is a public figure and tax shelter fighting crusader, the Encyclopedia says so. |
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Encyclopedia > Michael Hamersley |
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Biography |
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Michael Hamersley is a nationally recognized figure, known for his relentless pursuit of truth and justice. He became a tax scam whistleblower in 2003 exposing the multi-billion dollar tax shelter fraud and conspiracy which has been referred to by the U.S. Attorney General has as "the largest criminal tax case in United States history |
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http://www.nationmaster.com/encyclopedia/Michael-Hamersley |
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I got a couple questions though, I am looking at an email right now where Hamersley advised a client substantial authority existed for a liquidation reincorporation tax shelter where Hamersley told the client if the client sold its subsidiary to the client’s lawyer for one dollar, substantial authority existed for losses that amounted to tens of millions of dollars of loss. Hamersley further advised the client that if the “substance over form” rules where upheld by the IRS, substantial authority still existed, in other words if the IRS disregarded the sham sale which could only have been done to hide the true facts from the IRS, a tax position still existed for the multimillion dollar deduction. Yet, when Hamersley testified to the Senate he specifically stated such behavior was tax fraud. Which is it, did Hamersley lie to the Senate or his client, or both? What is the difference between Drier and Hamersley? |
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== External links == |
== External links == |
Revision as of 04:04, 2 February 2009
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Michael Hamersley was a candidate for John Doolittle's California seat in 2006.[1] A corporate income tax expert, he became a whistleblower of KPMG's multi-billion dollar tax shelter fraud in 2003.
Hamersley testified before the U.S. Senate Finance Committee and assisted the investigations of U.S. Senate Homeland Security Governmental Affairs Committee's Permanent Subcommittee on Investigations. The subcommittee's report (S. Rept. 109-54) detailed the misconduct.
Nineteen senior executives of KPMG were indicted on criminal conspiracy and tax evasion charges and KPMG paid $456 million in fines and restitution. Some of KPMG's tax shelter clients are now suing KPMG for the liability exposure.
The February 2004 PBS Frontline documentary "Tax Me If You Can" [2] about tax shelters included interviews with Hamersley. [3] His KPMG experience appears as a case study in the Legal Ethics: Law Stories textbook.[4]
Hamersley joined the Abusive Tax Shelter Task Force in the Legal Department of California's Franchise Tax in 2004. He has since lectured at various tax seminars and professional ethics lectures at Yale University and New York Law School.
Hamersley graduated from Florida International University (BBA and MBA) and from Georgetown University Law Center in Washington, D.C., where he was the Tax Lawyer law journal's lead articles editor. At Florida International, Hamersley was named the Gregory B. Wolfe Student Leader of the Year.
References
- ^ Campaign Website
- ^ frontline: tax me if you can: watch online | PBS
- ^ frontline: tax me if you can: interviews: mike hamersley | PBS
- ^ See Chapter 3: Travails in Tax, KPMG and the Tax Shelter Controversy.
External links
Recent News WHISTLEBLOWER VS. DOOLITTLE?
- http://www.tpmmuckraker.com/archives/000119.php
- http://niteswimming.blogspot.com/2006/03/breaking-third-democrat-to-challenge.html
PBS Frontline Documentary "Tax Me If You Can" Featuring Michael Hamersley
- Interview transcript
- Full program streaming video
- http://www.pbs.org/wgbh/pages/frontline/shows/tax/interviews/
- http://www.pbs.org/wgbh/pages/frontline/shows/tax/schemes/kpmg.html
"Travails in Tax" Law School Ethics Textbook Chapter on Hamersley Whistleblowing
- http://taxprof.typepad.com/taxprof_blog/2006/02/foundation_pres.html
- http://taxprof.typepad.com/taxprof_blog/2005/05/rostain_on_emtr.html
- SSRN 724321
Michael Hamersley Testimony Before United States Senate Finance Committee
- written testimony
- KPMG response to Hamersley Testimony
- http://www.nytimes.com/2003/10/22/business/22TAX.html?ex=1382155200&en=6d74160d4d63b47a&ei=5007&partner=USERLAND
U.S. Senate Permanent Subcommittee on Investigations Tax Shelter Hearing
- Hearing Day 1
- Hearing Day 2
- PSI Minority Report, November 2003
- PSI Full Report 109-54, April 2005
- Tax Shelter Legislation
TESTIMONY BEFORE MONTANA SENATE
- "At Least There's One Honest Guy Out There"
- http://www.clarkforkchronicle.com/20050325/jimelliott-20050325.htm
- http://www.belgrade-news.com/opinions/view.php?article=1453
Additional Articles, Links and Background Information About Michael Hamersley
- http://www.thelawyer.com/cgi-bin/item.cgi?id=116858&d=122&h=24&f=46
- http://www.ftb.ca.gov/aboutFTB/press/archive/2004/04_73.html
- http://www.wsata2005.com/slides/hamersley.pdf
- http://www.law.harvard.edu/academics/registrar/exams_04-05/html/wilkins3.html
- http://money.cnn.com/magazines/fortune/fortune_archive/2003/08/11/346807/index.htm
- http://www.looksmartstocks.com/p/articles/mi_m5072/is_43_27/ai_n15875784/print
- http://classwork.busadm.mu.edu/Giacomino/EMBA/Tax%20Shelters%20to%20Improve%20Fin%20Stmts.html
- http://www.lao.ca.gov/analysis_2004/2004_pandi/pi_part_5f_taxshelters_anl04.htm