The Ninth Circuit Says Aloha to Boulware - Again
9 Pages Posted: 28 Sep 2009
Date Written: March 30, 2009
In United States v. Boulware, the Ninth Circuit addressed the return of capital defense in a corporate diversion prosecution. The court held that the question of intent cannot be part of the determination whether a payment is a return of capital. However, the court left open the questions of whether a criminal defendant should be required to make any proffer to negate an element of an offense and, if so, what sort of proffer would be required. This article discusses the fundamental questions raised by this decision in tax and other white collar criminal prosecutions.
Keywords: tax evasion, return of capital defense, burden of proof
JEL Classification: H24, H25, H26, K14
Suggested Citation: Suggested Citation