Given that the taxpayer knew that they had a foreign bank account, the taxpayer didn't tell their accountant about the account, and the taxpayer signed the tax return, the court did not clearly err in finding a willful or reckless violation of the law.
The maximum penalty looks to the statute, rather than the regulation, since they contradict.
No error in mitigation, since the relevant mitigation guideline imposes the maximum penalty on accounts over a million dollars in value.
A foreign bank account is not in itself a property interest sufficient to establish a significant contact with the foreign country.
Plaintiff did not establish grounds for mitigation where the taxpayer is beneficiary of only part of the proceeds of the account.
Reference to an excess penalty in the filing did not preserve an Eighth Amendment claim.