PREP Podcaster - ”Success Favours The PREPared Mind”

Christensen v. United States — The Foreign Tax Credit Showdown

March 3, 2026 - Oral argument in the United States Court of Appeal in Christensen v. United States

 

AI generated description ...

 

 

"This episode covers the oral argument in Christensen v. United States, examining whether Article 24 of the U.S.–France tax treaty permits a foreign tax credit against U.S. tax beyond the Chapter 1 limitation and whether the Chapter 2A net investment income tax is creditable.

Central issues include whether Article 24A’s general limitation carries into Article 24B’s resourcing provision, how that provision interacts with Internal Revenue Code section 904, and the weight to be given to the Treasury’s technical explanation when interpreting the treaty.

Counsel debate alleged errors by the lower court, potential anomalous results of differing interpretations, and whether deference to the executive branch’s treaty interpretation is appropriate; the appeal raises broader questions about treaty drafting, resourcing rules, and administrative deference."

Bruyea - Treaty Tension: Does the U.S.-Canada Tax Treaty Cover the Net Investment Income Tax?

March 3, 2026 - Oral argument in the United States Court Of Appeals In Bruyea ...

 

AI generated description of the hearing:

 

"This episode covers oral arguments in a case about whether the U.S.–Canada tax treaty allows a foreign tax credit to be applied against the U.S. net investment income tax (Section 1411), which Congress placed outside Chapter 1 of the Internal Revenue Code.

Advocates debate whether the treaty phrase "in accordance with the provisions and subject to the limitations of U.S. law" limits credits to Chapter 1 taxes or can be read more broadly to prevent double taxation; the discussion examines treaty text, the technical explanation, paragraphs 4–6, reciprocity concerns, and possible remedies."

Will You Still Receive Social Security After Renouncing U.S. Citizenship Or Abandoning Your Green Card?

March 2, 2026 - Participants include:

 

Virginia La Torre Jeker - @VLJeker

 

John Richardson - @ExpatriationLaw

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Introduction and purpose ...

Entitlement to U.S. Social Security (including spousal and survivor benefits) after expatriation has always been difficult. During the months of January and February 2026 U.S. tax lawyer Virginia La Torre Jeker did a "deep dive" into how expatriation impacts entitlement to Social Security benefits and the way they are taxed.

In today's podcast we summarized and consolidated the information in her three articles.

1. Understanding SSA Country List 1

https://us-tax.org/2026/01/22/receiving-u-s-social-security-abroad-understand-ssa-country-list-1/

2. Understanding SSA Country List 2 

https://us-tax.org/2026/02/12/some-foreigners-cant-receive-u-s-social-security-abroad-understanding-ssa-country-list-2/

3. Understanding SSA Country List 4

https://us-tax.org/2026/02/26/collecting-social-security-abroad-understanding-ssa-country-list-4/

 

AI generated description ...

 

"This episode explains how Social Security entitlement after renouncing U.S. citizenship or surrendering a green card depends on your citizenship and which Social Security country list your new country falls under, not where you live.

It covers the three country lists, the 40-credit rule, treaty and totalization differences, the risk of 30% withholding for nonresident aliens, and why you must check your credits and citizenship status before expatriating."

Supreme Court Slams the Brakes: No Emergency Tariffs for the President

February 20, 2026 - AI Analysis of the Supreme Court decision striking down Trump's tariffs ...

The Supreme Court said President Trump's tariffs policies under IEEPA are unconstitutional, dealing a major blow to the president's signature economic policy. Chief Justice John Roberts wrote the 6-3 opinion. Justices Clarence Thomas, Samuel Alito and Brett Kavanaugh

You can read the actual Supreme Court decision here:

https://citizenshipsolutions.ca/2026/02/20/u-s-supreme-court-strikes-down-trump-tariffs-read-the-decision-here/

 

"The Supreme Court ruled that the International Emergency Economic Powers Act (IEPA) does not authorize the president to impose broad tariffs, rejecting the administration's attempt to use emergency powers to rewrite trade policy.

The decision restores ordinary trade law and returns tariff authority to Congress, raising immediate relief for import prices but leaving open political questions about whether lawmakers will act on long-term trade and emergency powers."

When Paper Profits Become Cash Demands: The Netherlands' 36% Deemed Tax Nightmare

February 18, 2026 - Based on a presentation created for an IRS Medic podcast.

 

AI generated description of the podcast ....

 

"This episode unpacks John Richardson’s February 18, 2026 presentation on "Deemed Income in the Netherlands," explaining how governments are shifting from taxing realized gains to taxing unrealized, deemed income. Using the Dutch Box 3 example (36% tax on deemed returns), the episode explores the liquidity crisis this creates, especially for U.S. citizens living in the Netherlands who face mismatched tax timing and potential double taxation.

Richardson examines technical workarounds like PFIC/mark-to-market elections and warns they may not reliably protect taxpayers. He closes with a philosophical plea for simplicity: avoid excessive complexity, prioritize liquidity, and rethink whether accumulating wealth remains an asset when it can force owners into debt or costly compliance."

Tax Treaty vs. Tax Code: Can the IRS Ignore Its Tax Treaty Promise?

February 6, 2026 - Participants include:

 

Dr. Suzanne deTrevile - @SdeTreville

Tim Smyth - @TpSmyth01

Brent Vanderbrook - @Vanderbrook

John Richardson @ExpatriationLaw

https://citizenshipsolutions.ca/2026/01/09/bonjour-part-6-rosenbloom-and-shaheen-brief-in-support-of-bruyea/

 

AI Description:

 

"This episode examines the legal battle over the Net Investment Income Tax (NIIT) and whether the IRS can deny foreign tax credits by placing the tax in a different chapter of the Internal Revenue Code. It walks through the Christensen (France) and Bruyea  (Canada) cases, the treaty-language arguments, and the upcoming March 3, 2026 appeal.

Experts explain why the dispute matters beyond a small revenue amount: it could determine whether U.S. domestic technicalities can override treaty obligations, affecting expats, major corporate taxes, and the credibility of U.S. treaty commitments."

When an Income Tax Isn’t an Income Tax: Unpacking the Moore Case

February 6, 2026 - Participants include:

 

Professor Hank Adler - Chapman University

 

John Richardson - Toronto, Canada - @ExpatriationLaw

 

On January 29, 2026 Tax Notes published the following article by Professor Adler:

 

"When An Income Tax Is Not A Tax On Income"

 

The following podcast discusses Professor Adler's article ...

 

AI generated description:

 

"John Richardson interviews Professor Hank Adler about the Moore case and a rarely discussed constitutional issue: taxing undistributed foreign earnings using rates tied to a taxpayer's liquidity rather than its income. Adler argues this departs from the 16th Amendment’s promise of an income tax.

The conversation also covers retroactivity concerns, potential state-level experiments like California’s proposed wealth tax, and the broader implications for tax policy and constitutional limits."

When Home Taxes Chase You Abroad: Inside the 2025 Taxpayer Advocate Report

January 29, 2026 - Participants include:

 

Dr. Laura Snyder - @TAPInternation

 

Dr. Suzanne deTrevile - @SdeTreville

 

Tim Smyth - @TpSymth01

 

John Richardson @ExpatriationLaw

 

Background:

 

This week the Taxpayer Advocate released its 2025 report.

Significantly the report included "Taxpayers Living Abroad" as one of the most serious problem areas encountered by taxpayers. The report is remarkable in its recognition of both the compliance problems and the substantive laws impacting Americans abroad. I highly recommend that you read the report.

The report includes:

 

 

"In short, the current system imposes unnecessary harm on U.S. taxpayers abroad, discouraging compliance and eroding trust in the fairness of the nation’s tax administration. Unless the IRS takes meaningful steps to improve its services, guidance, and systems for these taxpayers, the frustration and fear experienced by Americans abroad will continue to grow, harming not only them but also the integrity of the tax system as a whole."

 

The report includes the following description of a hypothetical U.S. citizen abroad:

“Sue, a U.S. citizen, has lived and worked in Australia for many years after marrying her Australian husband, Sam. As a dual citizen, Sue pays Australian income taxes on her wages but also remains subject to U.S. tax laws. They have been advised their income is always less than the foreign earned income exclusion.

They have joint checking and savings accounts in an Australian bank, and on various paydays the combined balance of their joint accounts exceeds $10,000 USD. Sue participates in an Australian superannuation, a compulsory system for retirement savings. Three years ago, she inherited some stock shares from her Australian aunt, which she keeps in the same brokerage house that maintained her aunt’s account. Sue and Sam have not filed a U.S. income tax return or an FBAR. Sue eventually learns that because she is a U.S. citizen she must also file a U.S. tax return to report her Australian income, with Forms 3520, 3520-A, 8938, and 8621 (depending on the investment in the superannuation). They also must electronically file FinCEN Form 114 (FBAR) using FinCEN’s BSA E-Filing system. If they file tax returns, they may owe U.S. taxes and penalties thereon.

They would also be subject to foreign trust penalties for failing to disclose Sue’s Australian pension plan, FATCA and FBAR penalties, and possibly foreign gift penalties for failure to disclose her Australian inheritance that is not subject to tax.”

It then goes on to detail the unfairness and impossibility of the situation "Sue" finds herself in.

The AI description of this podcast is:

"The episode reviews the 2025 Taxpayer Advocate report highlighting severe compliance burdens on U.S. citizens living abroad: confusing rules, limited IRS support, harsh penalties, and the damaging effects on retirement, finances, and citizenship decisions.

Speakers explain the report’s key examples—FBAR/FATCA filings, exit tax and pension inequities—and discuss how these problems threaten voluntary compliance and call for systemic reform to separate citizenship from taxation."

When Voting Cost You Your Passport: The Strange History of Strict Liability and Citizenship and The Benefits of Dual Citizenship

November 13, 2025 - Participants include:

Parviz Malakouti - @ParvizMalakouti

 

John Richardson - @ExpatriationLaw

_________________________________________

Introduction and description:

The second Trump administration has caused and will continue to cause a reawakening of a discussion on the meaning of U.S. citizenship. What does it mean? How strong is it? What rights does it include? How can it be lost?

We are also living in a time where there is a heightened awareness of the value of multiple citizenships. What does have dual citizenship mean? 

For Americans, the single most important "citizenship case" is Afroyim v. Rusk. While making dual citizenship possible, it also has played a role in creating the tax problems of Americans abroad today.

On November 13, 2025 I participated in a "X Space" discussion with Parviz about the Afroyim case. It was a great discussion. You can hear the complete discussion here. The following podcast is a condensed version of the discussion (covering the essential points in a 15 minute version). 

Enjoy (if that is possible)!

What follows is an AI generated description, which really does not justice to this discussion.

________________________________________

AI generated description:

"This episode traces how "strict liability" once let the U.S. revoke citizenship for simple acts like voting, and how the Supreme Court’s Afroyim v. Rusk shifted the rule to require intent to relinquish citizenship.

It explains the two-tiered system—14th Amendment birthright citizenship versus statutory citizenship for children born abroad—and explores the modern strategic response: securing dual citizenship to preserve exit options from U.S. tax and bureaucratic obligations.

Experts discuss practical steps (documenting births and passports) and the geopolitical urgency to claim alternative citizenships while options remain open."

From Texas Checkpoints to Four Passports: A Family’s Global Mobility Journey

January 13, 2026 - "Global Mobility" - Participants include

Ryan Herche - Global Mobility Consultant

John Richardson - @ExpatriationLaw

 

This is my second podcast with Ryan Herche. On August 4, 2022 he was my guest on a podcast where we discussed the possibility of France adopting citizenship taxation. You can listen to that podcast here:

https://prep.podbean.com/e/yes-france-has-considered-adopting-citizenship-taxation-a-discussion-of-its-report/

Today Ryan returns to discuss that growing interest in global mobility generally.

More and more people are realizing the importance of global mobility and the option of having a second (or more) country of residence and/or citizenship.

Fascinating discussion with Ryan Herche and why he is pursuing a career in this growing area.

 

"John Richardson speaks with Ryan Herche about his COVID-era awakening, moving his family to Mexico, obtaining French citizenship by descent, and using birth tourism and remote work to build global mobility.

They cover the practical benefits of dual citizenship from birth, U.S. citizenship taxation and exit risks, residency and education strategies, and advice for Americans seeking options and personal sovereignty."