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.

What should you expect when meeting a litigation attorney about a business dispute? You should expect to describe the dispute in your own words, hand over the most important documents, flag any deadlines or immediate threats, and leave with a clearer picture of the problem, what information is still needed, and the likely next steps. […]
Author: Michael Mietlicki

Arbitration resolves disputes privately before an arbitrator whose decision is usually final, while litigation resolves them in court with full rights of appeal. Whether a business ends up in arbitration or litigation is often decided when it signs the contract, long before any dispute arises. Key Takeaways When facing a contract dispute, carefully consider your […]
Author: Graham Staton

Can you own part of a business in New Jersey without a written agreement? Yes, it is possible. Under New Jersey’s Uniform Partnership Act, a partnership can arise when two or more people carry on a business as co-owners for profit, whether or not they ever intended to form one. Ownership doesn’t necessarily depend on […]
Author: Michael Mietlicki

For New Jersey businesses, crisis preparedness should be viewed as a legal and operational function, not simply an emergency-management exercise. A well-designed crisis response plan can help preserve evidence, protect confidential communications, meet reporting obligations, limit unnecessary exposure, and prevent an already difficult situation from becoming a larger legal problem. Key Takeaways A serious crisis […]
Author: Sean M. Pena

Monmouth County is entering a significant new phase of development. For those looking to acquire property or undertake a new project, understanding the market opportunity is only the beginning. The more important question is whether a particular property can actually be developed as contemplated and what approvals, agreements, and other conditions will be required to […]
Author: Donald M. Pepe

Whether a client’s prompts to a generative AI tool and the documents it produces are protected from disclosure depends on the case type, who claims protection, and whether counsel was involved. In United States v. Heppner, a New York federal judge ruled that a criminal defendant’s communications with an AI platform were protected by neither […]
Author: Chris Seelinger
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!