In a previous post, we explained how the U.S. Internal Revenue Service had introduced a question on the 2020 tax form that asked whether “at any time during 2020 did you receive, sell, send, exchange, or otherwise acquire any financial interest in any virtual currency.”  The purpose of placing this question in a very prominent part of the tax form was to try to collect some of the significant amounts of the unreported taxes surrounding crypto-currency transactions because, under U.S tax law, virtual currency is treated as property for Federal income tax purposes.  In a FAQ posted to the IRS website on March 6, 2021, the IRS clarified that there is no need to answer that question affirmatively if the only thing a taxpayer did in 2020 was buy cryptocurrency with fiat.

At the same time, Forbes reported that, at a March 5, 2021 Federal Bar Association presentation on fraud enforcement priorities, Damon Rowe, the Director of the Office of Fraud Enforcement at the Internal Revenue Service, announced that the office had a new dedicated team of IRS Criminal Investigation professionals who are working on “Operation Hidden Treasure.” As Forbes explained, Operation Hidden Treasure “is comprised of agents who are trained in cryptocurrency and virtual currency tracking, and who are focused on taxpayers who omit cryptocurrency income from their tax returns. . . . [it] is a partnership between the civil office of fraud enforcement and the criminal investigation unit to root out tax evasion from cryptocurrency owners.”

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David Zaslowsky is partner in the Litigation Department of Baker McKenzie's New York office. He helps companies solve complex commercial disputes in arbitration and litigation, especially those involving cross-border issues and Section 1782 discovery. David has a degree in computer science and, as a result, has worked on numerous technology-related disputes, including, most recently, those involving blockchain and artificial intelligence. In April 2025, Attorney Intel named David one of the top 25 blockchain lawyers in the country. He is the editor of the Firm's blockchain blog and co-editor of the firm's International Litigation & Arbitration Newsletter. David has been included for a number of years in the Chambers USA Guide and Chambers Global Guide for his expertise in international arbitration. He also sits as an arbitrator and is on the roster of arbitrators for a number of arbitral institutions. David sits on the Board and chairs the governance committee of the New York International Arbitration Center, and is a founding member of the International Arbitration Club of New York. For over 35 years, he has written and spoken often on the subjects of arbitration and international litigation.