PREP Podcaster - ”Success Favours The PREPared Mind”

Update With Craig Swartz - Former Democrat Candidate For Ohio 5 - The Movement Continues

November 14, 2022 - Participants include:

Craig Swartz - @ForSwartz

John Richardson - @Independents

I first interviewed Craig Swartz on October 25, 2022 when he was the Democratic candidate for Ohio 5.

https://prep.podbean.com/e/former-us-expat-and-ohio-congressional-candidate-explains-why-he-supports-residence-based-taxation/

He has a varied and interested background. He is also a supporter of ending citizenship taxation and transitioning to residence-based taxation.

In this update we discuss the "deficit" in the democratic process and how candidates are out of touch with the voters.

Thanks to Craig for another great discussion!

 

 

To Renounce Or Not To Renounce - What Are The Benefits Of Remaining a US Citizen?

November 14, 2022 - Participants include:

 

John Richardson - @Expatriationlaw

 

Jimmy Sexton - @JimmySextonLLM

 

___________________________________________________

To retain or renounce ...

There are many reasons to renounce US citizenship. There are also many reasons to retain US citizenship.

 

This podcast was motivated by a tweet that asked the question:

 

https://twitter.com/AccidentallyUSC/status/1591880260861448192

 

"What reasons are there against renunciation, other than you think you’ll one day move to the US? #fatca #taxtwitter"

______________________________________________

Jimmy and John suggest a number of different considerations when thinking about this question  ...

 

 

 

Oral Arguments In Rost v. United States - Before United States Court of Appeals, Fifth Circuit - July 6, 2022

Issues: Foreign Trusts - Failure To File Form 3520 and 3520A

The facts from the ruling:

"Opinion

21-51064

08-11-2022

Daphne Jeanette Rost, Executor of the Estate of John H. Rebold, Plaintiff-Appellant, v. United States of America, the Internal Revenue Service, Defendant-Appellee.

---

STUART KYLE DUNCAN, CIRCUIT JUDGE

Appeal from the United States District Court for the Western District of Texas USDC No. 1:19-CV-607

Before SMITH, DUNCAN, and OLDHAM, Circuit Judges.

STUART KYLE DUNCAN, CIRCUIT JUDGE

In 2005, John Rebold formed the Enelre Foundation as a Stiftung under the laws of Liechtenstein. Stiftung is a German word meaning, roughly, "foundation" or "endowment." Enelre's purpose is to provide education and general support for Rebold and his children. Rebold transferred $3 million to Enelre's bank accounts. He later learned the IRS would consider Enelre a "foreign trust," triggering certain reporting requirements. Rebold belatedly filed the reports, and the IRS assessed penalties. Rebold paid the  penalties and then filed this refund action. The district court granted summary judgment for the government. We affirm."

____________________________________________________________

The decision was released on August 11, 2022. An application for a rehearing was filed on September 26, 2022 and denied on October 11, 2022.

(The oral arguments from July 6, 2022 can also be heard on youtube.)

The full text of the judgement ruling against Ms. Host is available at:

https://casetext.com/case/rost-v-united-states-2

 

 

JohnAlanPod: Taxing Americans Who Live Overseas: UNFAIR? - ep.194 with my guests Keith Redmond and John Richardson

Crossposted with Johnalanpod.Podbean.com

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This is part 1 of a conversation with Keith Redmond and John Richardson about the fairness or unfairness of the United States government's tax law which taxes Americans who live overseas. Many of these Americans have no assets in the United States, no residence in the United States, and live permanently overseas. Is it fair that these Americans must live under the U.S. tax code?

John and Keith are co-founders of https://seatnow.org/

John RICHARDSON can be contacted at www.citizenshipsolutions.ca and citizenshipsolutions@proton.me

Keith Redmond can be contacted at https://www.facebook.com/groups/AmericanExpatriates and US_Overseas_Advocate@outlook.com

MY AUDIOBOOK SUBSCRIPTION IS NOW AVAILABLE! Get into it HERE

* If you'd like to support The Comin' Home Podcast With John Alan, you can do that at one of the links here: https://patron.podbean.com/JohnAlan

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Go check out my new comic strip "Loyal Oak" at https://johnalanpod.com/loyal-oak-the-comicstrip/

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More info and my blog are here at https://johnalanpod.com/

#CominHomeWithJohnAlan

Supreme Court FBAR Hearing November 2, 2022: ALEXANDRU BITTNER, Petitioner, v. No. 21-1195 UNITED STATES, Respondent

On November 2, 2022 the Supreme Court Of The United States heard the Bittner case. The issue was whether in the context of a non-willful FBAR penalty:

1) The government is restricted to imposing one penalty based on the failure to file one FBAR; or

 

2) The government may impose one non-willful penalty for each of the accounts that should have been reported on the single FBAR form.

This podcast contains the audio file of the live arguments.

A transcript of the arguments is here:

http://citizenshipsolutions.ca/wp-content/uploads/2022/11/21-1195_5i36.pdf

__________________________________________________

The FBAR penalties imposed on Mr. Bittner were based on years when he was a US citizen living outside the United States in Romania. Therefore, this decision is hugely important for the community of Americans abroad.

I have previously discussed the Bittner case in podcasts with:

Virginia La Torre Jeker - October 31, 2022

Jimmy Sexton - November 1, 2022

Anthony Parent - November 1, 2022

 

The following twitter thread reflects my impressions while listening to the arguments ...

https://threadreaderapp.com/thread/1587807427327655937.html

 

 

 

 

 

 

The Supreme Court And Mr. FBAR - Should The Non-willful Penalty Be Limited To The Form? - Discussion with @JimmySextonLLM

October 31, 2022 - Participants include:

 

John Richardson - @Expatriationlaw

Jimmy Sexton - @JimmySextonLLM

Should non- willful FBAR penalties be imposed for the failure to file the form (one penalty) or the failure to report each account on the form (multiple penalties)?

What is the purpose of the FBAR when it duplicates information that is included in Form 8938?

The court documents including the amicus briefs are here ...

https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/21-1195.html

 

 

 

Mr. FBAR Makes A Visit To The Supreme Court Of The United States - The Bittner Case - Discussion With Virginia La Torre Jeker

October 30, 2022 - Participants Include:

 

Virginia La Torre Jeker - @VLJeker

John Richardson - @Expatriationlaw

Should non- willful FBAR penalties be imposed for the failure to file the form (one penalty) or the failure to report each account on the form (multiple penalties)?

The court documents including the amicus briefs are here ...

https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/21-1195.html

 

 

Former US Expat And Ohio Congressional Candidate Explains Why He Supports Residence Based Taxation

October 25, 2022 - Participants Include:

Craig Swartz - Candidate For Congress In Ohio - @ForSwartz

 

John Richardson - @Expatriationlaw

 

____________________________________________________-

 

Visit the Craig Swartz Campaign Site at:

https://www.SwartzForOhio.com

 

 

For Good And Evil: The Teaching Of Charles Adams Lesson 27 - Heavy Taxation Results In Decline

October 25, 2022 - Participants include:

 

John Richardson - @Expatriationlaw

Jimmy Sexton - @JimmySextonLLM

 

We discuss Charles Adams Lesson 27:

27. "War means heavy expenditures. Heavy expenditures mean heavy taxation. Heavy taxation strangles commerce and fosters economic stagnation and decline."

Continuing our podcast series:

For Good And Evil Podcast 1 - October 25, 2021

For Good And Evil Podcast 2 - November 1, 2021

For Good And Evil Podcast 3 - November 8, 2021

For Good And Evil Podcast 4 - November 15, 2021

For Good And Evil Podcast 5 - November 22, 2021

For Good And Evil Podcast 6 - November 29, 2021

For Good And Evil Podcast 7 - December 7, 2021

For Good And Evil Podcast 8 - January 10, 2022

For Good And Evil Podcast 9 - January 17, 2022

For Good And Evil Podcast 10 - January 24, 2002

For Good And Evil Podcast 11 - January 31, 2022

For Good And Evil Podcast 12 - February 7, 2022

For Good And Evil Podcast 13 - February 14, 2022

For Good And Evil Podcast 14 - March 7, 2022

For Good And Evil Podcast 15 - March 14, 2022

For Good And Evil Podcast 16 - March 20, 2022

For Good And Evil Podcast 17 - March 20, 2022

For Good And Evil Podcast 18 - April 18, 2022

For Good And Evil Podcast 19 - April 25, 2022

For Good And Evil Podcast 20 - May 2, 2022

For Good And Evil Podcast 21 - June 27, 2022

For Good And Evil Podcast 22 - July 4, 2022 

For Good And Evil Podcast 23 - July 25, 2022

For Good And Evil Podcast 24 - August 5, 2022

For Good And Evil Podcast 25 - August 22, 2022

For Good And Evil Podcast 26 - October 3, 2022

In this episode we continue the teaching of Charles Adams - Lesson 27:

_____________________________________________

27. "War means heavy expenditures. Heavy expenditures mean heavy taxation. Heavy taxation strangles commerce and fosters economic stagnation and decline."

Why US Citizenship Tax And FATCA Hurt Resident Americans (Even Though They Don’t Know It)

October 7, 2022 - Participants include:

Greg Swanson - @IntlOwl

John Richardson - @Expatriationlaw

My discussion continues with Greg Swanson who is a U.S. citizen living in Switzerland. In our July 14, 2022 where Greg explained why:

 

The U.S. Tax System Has Turned US Citizenship Into A Global Disability

 

In that first podcast, Greg asked an important question for the 21st Century:

Why should a U.S. citizen living outside the United States, not have the same opportunities in life as his neighbour - a German citizen - living outside of Germany?

In this podcast Greg explains how and why the US extra-territorial tax regime hurts ALL Americans regardless of where they live. Therefore, citizenship and FATCA hurt America!

Greg has written some great articles which are available on Medium.