US Supreme Court reaches pro-filer position in holding that the nonwillful FBAR penalty applies per report, not per account

On 28 February 2023, the United States (US) Supreme Court held in Bittner v United States that the US$10,000 penalty¹ for nonwillful failure to file FBAR² reports imposed under 31 USC Section 5321 applies per annual report/filing, not per account. The 5-4 decision rejected the Government's argument that the nonwillful penalty applies on a per account basis and resolves divergent positions held by two appellate courts. The Court did not address, except by w…