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DOL EBSA investigation question

Tax Cowboy

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I wasn't sure which area to post I'm hoping this is proper message board. 

Client's ESOP had a DOL investigation (Plantation, FL EBSA office) start early 2020. I represent client as their Tax/ERISA Attorney. Throughout 2020 I provide all requested documentation. Then from Sept '20 we don't hear anything. 

A few days ago I get an email from a new investigator saying he will be issuing new subpoenas. We've provided everything I can think of. 

Anyone else represent clients from this DOL EBSA dept? There happens to be a related US Tax Court matter in its beginning stages related to tax deficiencies and disqualification of clients ESOP.

Any other practitioners been successful in filing declaratory actions in Federal Court? instead of waiting years on end for the DOL to conclude its investigation? 

Thoughts and comments appreciated. 


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I've heard some horror stories about how the pandemic has "interfered" with various agencies keeping up with the paperwork.

I'm a retirement actuary. Nothing about my comments is intended or should be construed as investment, tax, legal or accounting advice. Occasionally, but not all the time, it might be reasonable to interpret my comments as actuarial or consulting advice.

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