Victor Jaramillo Talks to Law360 on an International Tax Case To Watch in 2022

Courts will continue grappling this year with high-stakes cases brought by major U.S. multinationals that have accused federal tax authorities of overstepping, with disputes including FedEx's challenge to repatriation regulations and Facebook's fight against multibillion-dollar adjustments to its tax bill.

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While the government may still continue to argue that most individuals acted willfully, those accused by the IRS of nonwillful FBAR violations may face higher penalties than expected — at least in the Fifth Circuit.

Because there's a circuit split on the issue, the hope is that the IRS uses restraint when assessing penalties, said Victor Jaramillo, a member at Caplin & Drysdale.

"The worry is how the IRS will administer FBAR penalties," he said. "You hope the power isn't abused — that every revenue agent does not apply it per account, per year. You hope that it's used with discretion."

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