Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: November 11, 2013
The Firm
201-896-4100 info@sh-law.comThe IRS recently filed a lawsuit against the driver for these back taxes, arguing that he did not disclose the accurate income he made in 2007 and 2008, according to an exclusive Forbes report. The agency further explained that Montoya made roughly $9.5 million in taxable income, but only reported $2.4 million. The IRS is seeking to recoup $2.7 million in back taxes, interest charges, and penalties.

However, the discrepancy may largely stem from issues that arose when Montoya – a Colombian native – transitioned to NASCAR and sought residency in the U.S., the news source explained. Under the counsel of advisors, the driver argues that he was encouraged to set up a limited liability company in the Bahamas, which was responsible for managing income earned from use of his name and likeness. Upon joining NASCAR and establishing residency in the U.S., he was then told to “domesticate his foreign assets to the U.S.,” Forbes reported. Montoya claimed a number of deductions associated with transitioning a foreign company to a domestic company, which the IRS calls a “sham” strategy.
Montoya affirmed that he had $800,000 more in income than he reported on his tax returns during the years in question, but is disputing the remaining $2.7 million part of the IRS audit. At present, Montoya is not being charged with a crime.
In an interesting twist, Montoya is joining Penske Racing in 2014 to run in the IndyCar Series full-time with his future teammate Helio Castroneves, who was acquitted on felony tax charges in 2009. Overall, in 251 career Cup starts, Montoya has earned roughly $37,051,270.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Before buying a New Jersey rental property, an investor should verify realistic operating numbers, the property’s legal and regulatory status, lead-based paint and flood compliance, the existing leases and tenant protections, and the right ownership structure. A rental property is more than a piece of real estate; it is an operating business subject to legal, […]
Author: Donald M. Pepe

In New Jersey, an irrevocable trust can sometimes be modified even though its name suggests otherwise, and one of the primary tools for doing so is a process called decanting. Whether decanting is available depends on the specific terms of the trust and the discretion given to the trustee. Key takeaways: New Jersey has no […]
Author: Marc J. Comer

Intellectual property valuation determines the monetary value of a business’s IP assets, and it drives outcomes in licensing deals, joint ventures, mergers and acquisitions, financing, and ownership disputes. The most valuable assets of a business are often the things that cannot be seen or touched: a proprietary process, a copyrighted work, brand recognition, or the […]
Author: Jay McDaniel

For New Jersey data center owners and operators, a service agreement may look routine when it is signed. The network is functioning, the vendor is meeting its installation schedule, and the parties have agreed on pricing and performance specifications. The provisions that seem most important at that stage are often the technical ones. That changes […]
Author: George McGowan

The Fort Monmouth redevelopment has entered its execution phase, and it is repositioning the broader Monmouth County real estate market. When Netflix and the Fort Monmouth Economic Revitalization Authority closed on the 292-acre Mega Parcel in December 2025, the transaction did more than hand over a deed. It marked the moment Fort Monmouth stopped being […]
Author: Donald M. Pepe

Owning a residential rental property in New Jersey involves more than finding tenants and collecting rent. Property owners must comply with a combination of state laws, municipal ordinances, building and housing codes, and zoning and land use regulations. These requirements can affect everything from the number of dwelling units permitted at a property to whether […]
Author: Donald M. Pepe
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!