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ARTICLE · 19 JUNE 2014

What Is So Civil About Penalties, Anyway?

When it comes to tax law, governments have two main arrows in their quiver.

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When it comes to tax law, governments have two main arrows in their quiver: governments require taxpayers to pay taxes that are assessed on the basis of income or other factors (such as specific transactions, use of certain resources, etc.) and also require that taxpayers file a number of forms and documents. The primary purpose of these documents is, at least theoretically, to ensure that a taxpayer is complying with all payment obligations, not to independently generate revenue.

But sometimes the reporting horse comes unhitched from the revenue cart. Consider the recent US court proceedings and jury verdict against Carl R. Zwerner, a resident of Coral Gables, Florida (you can read the US Department of Justice's press release on the decision here). Mr. Zwerner had maintained a secret bank account in Switzerland since the 1960s. He maintained the account in the name of two different foundations (i.e. not in his name and arguably in a manner designed to mask his access

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