Michigan Federal Tax Crimes Attorney
The criminal penalties for tax evasion are often severe. Taxpayers convicted of tax evasion may be imprisoned up to 5 years or fined up to $100,000 ($500,000 in the case of a corporation), or both. Even taxpayers with no prior criminal convictions may receive a prison sentence. In addition to criminal penalties for tax evasion, the IRS may pursue costly civil tax fraud penalties as well.
What is a Tax Crime?
Common Tax crimes include the following:
- Filing a false return
- Tax evasion
- Failing to file a tax return
- Failure to pay taxes
- Filing false documents
- Failure to collect employment taxes
Once the criminal tax case is completed, the IRS Criminal Investigation unit will refer the case back to the IRS Examination Division where the taxes will be assessed, and the IRS can be expected to add on the civil tax fraud penalty, on top of any criminal tax fraud fines.
An experienced tax fraud lawyer can help you navigate through the landmine laden grounds of an IRS tax audit, and help come up with an effective strategy. Whether to answer questions from the IRS, or to stand on your 5th Amendment rights, are questions that only a tax fraud lawyer can help you answer.
What Are Some Defense Tactics?
One effective defense against tax fraud is that it was not committed willfully. Evidence construed to show willfulness can be challenged by a skillful tax fraud attorney in several different ways. For example it is a powerful defense against the government’s claim that you willfully committed tax evasion by demonstrating that you relied in good faith on the advice of a person competent to give you tax advice. You may also show that you honestly misunderstood the law, or that you fully cooperated with the federal tax agents during their investigation. Anything that will show you are acting in good faith will be beneficial.
Questioning the method of calculation used by the government used in tax evasion cases is also a valuable tool. If the IRS uses the net worth method, I may argue that many of the numbers used in the calculation are inaccurate. Omitted assets, offsetting liabilities, and prior cash on hand are all examples of numbers that I could dispute. The net worth method can also be challenged if unreported items have been assigned to the wrong year. In your defense I might also argue that the government failed to investigate potential leads that would explain any disputed income. There may also be tax over-payments that can offset any alleged deficiencies.
At Leslie Posner Law, I can help you with your tax burdens. As a lawyer licensed to practice in all federal and state courts in Michigan as well as other federal courts across the country, I look forward to meeting you to review your federal tax problems. You can reach me at 866-697-7404 toll free, or locally 313-628-4711.