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Youâ€™re the newest young partner at Smart & Smarter, LLP, and your life just became much more interesting. Thatâ€™s because the senior partner, on his way out the door yesterday for a weekâ€™s vacation, asked you to take on a brand new client who was coming in later. You happily did so, and . . . wow!
The new clientâ€™s name is Rona Muck. Hereâ€™s her story:
Until last month Rona had been employed by Big Corp. Sheâ€™d been there for 15 years, working her way up from clerk to Assistant Tax Director.Â HadÂ been there, because she was unceremoniously fired after reporting a questionable situation to Bigâ€™s General Counsel. Sheâ€™d done that only because the Tax Director, her boss, had reacted very badly when Rona challenged his version of realityâ€¦
Basically, Bigâ€™s largest operating segment, its civil engineering group, had â€œcook-ed the booksâ€ â€“ the tax books,Â notÂ the GAAP books. Last year it had earned a performance bonus of $150,000,000 from Bigâ€™s largest customer by completing a huge project in half the scheduled time. But, despite that the $150M was treated as GAAP revenue, Bigâ€™s tax return omitted it from gross income. Instead it was treated as borrowed money (a loan). How? By latching onto a fine-print clawback provision the contract saying that the $150M would have to be repaid by Big in the event that something went seriously wrong within seven (7) years from the date of completion, and that something was Bigâ€™s.
Rona had been excluded from all meetings and discussions about this $150M. But she had gotten her hands on a report written to Bigâ€™s directors by one of the engineers, a report stating flatly that the odds of such a fault ever occurring were â€œless than 1% of 1%.â€ â€œClaim of right doctrine!â€ Rona had said to herself, fully ex-pecting the $150M to be included on Bigâ€™s 1120. But it wasnâ€™t, which Rona found out about only after the return had been filed.
It turns out that Ronaâ€™s boss, the Tax Director, somehow had been persuaded by a â€œsubstantial authorityâ€ tax opinion prepared by (in)famous outside tax lawyer Joe Garza. The opinion concluded that recognizing the $150M in gross income could wait until the 7-year guarantee period expired. Rona had demanded to see this nonsensical tax opinion. She was refused access to it.
Livid over having been fired, Rona wants to file a whistleblower claim with the IRS. â€œSimple!â€ she says. â€œ$150M understatement of taxable income! $150M x 21% = $30M+ underpayment of tax! Add on the 20% penalty, add on interest â€“ around $40M total! IRS pays us 30% = $12,000,000! Smart & Smarter takes 1/3, I take 2/3, we all retire!â€
You tell Rona that youâ€™ll prepare an â€œaction plan,â€ a retainer agreement, and a POA (Form 2848), and have everything ready for her to come back and sign next week. But first you need to prepareÂ a memo to the senior partnerÂ , recapping Ronaâ€™s story (Â veryÂ briefly) and outlining the whole whistleblower process. You need to do this because youâ€™ve been told by the other partners that Rona is Smart & Smarterâ€™sÂ first-everÂ whistleblower client.
Around 1,000 words should be sufficient. (For comparison, this entire do
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