Two former KPMG executives have requested tax shelter charges against them be
dismissed or a mistrial declared in a test case which has been closely watched
by legal experts because its outcome could affect the US government’s continuing
investigations into questionable tax shelters.
Giving rise to the request was the US government’s change of theory mid-trial
for indicting former KPMG tax partner Robert Pfaff and former senior tax manager
According to the defence motion, during the trial, prosecutors elicited
testimony from a witness accusing the men of concealing information from KPMG
and its tax department to obtain KPMG approval for BLIPS, a type of tax shelter.
‘The new government allegations transform a tax fraud conspiracy with KPMG
against the IRS into an honest services fraud conspiracy against KPMG,’ the
defense motion said.
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