FBAR Case Law

Last reviewed October 10, 2026 · Case summaries from public court opinions · Not legal advice

Court decisions set how the FBAR penalties apply in practice. Two decisions matter most for US persons with Indian accounts: the Supreme Court's 2023 ruling on how non-willful penalties are counted, and a 2026 Second Circuit decision on how willfulness is defined. Each summary below is a short guide to the holding. Read the full opinion before relying on it.

Key decisions

CaseCourt and dateHoldingWhy it matters for Indian accounts
Bittner v. United States US Supreme Court, February 28, 2023 The non-willful FBAR penalty of $10,000 is assessed for each report that must be filed, not for each account listed on the report. Non-willful failures for a year with several Indian accounts are counted once per report, not per account. This significantly reduced exposure for many filers.
United States v. Reyes US Court of Appeals for the Second Circuit, January 7, 2026 "Willfully" in the FBAR penalty statute covers both intentional and reckless failures to file. Recklessness is judged objectively, by whether the risk was so obvious it should have been known. A filer who holds a large share of wealth abroad, and who did not act on warning signs such as an unanswered question from an accountant, may be found reckless even without intent. Willful penalties can be much larger.

Bittner: what changed

Before Bittner, the non-willful penalty was applied per account, which could produce very large totals for filers with many accounts. The Supreme Court held that the penalty applies per report. The Court's ruling covers non-willful violations only. Willful violations still carry larger penalties. Filers who paid per-account penalties may be able to seek refunds, so it is worth reviewing older assessments.

Reyes: how recklessness is judged

In Reyes, the court affirmed penalty assessments of $420,051 against each defendant, after the IRS set the penalty below the statutory maximum of 50% of the account balance and reduced it on appeal. The court also held that a six percent late payment penalty on unpaid assessments was mandatory. The facts the court relied on included a large share of wealth held abroad, foreign-card spending, mail and investment instructions sent abroad, and an accountant's question that went unanswered. The key lesson for Indian account holders is that warning signs matter, and that a belief of no reporting duty does not automatically protect a filer.

Practical takeawayWhether a violation is willful or non-willful changes the penalty dramatically. Facts such as ignored advice, unanswered questions and the amount of wealth held abroad are examined. Keep records of any advice you received and any question you were asked about foreign accounts.

Other areas to research

How to use this page

Court decisions change the penalty analysis for past years and sometimes for current filings. Before a correction or a settlement, have the decisions reviewed against your facts. See our enforcement page for how penalties are assessed, and consultation for a review.

These case summaries are general educational information and simplify complex decisions. They are not legal advice and may not apply to your situation. Read the full opinions and consult a qualified attorney or tax professional before acting.