Tax Evasion Crimes

Tax Evasion Criminal Defense Lawyer

According to the Internal Revenue Service, in 2007 Americans owed approximately $345 billion more than they paid in taxes, about 14% of federal revenues. This is referred to as the “tax gap” – the amount of taxes owed versus the amount collected.

Tax evasion is the intentional and willful non-payment of taxes, already legally owed at the time of the evasion or attempted evasion. Errors or ignorance, misinterpretation or misunderstanding of tax laws are not included in this criminal offense. If the actual intent is proven, tax evasion can be charged as a felony and is punishable with fines of up to $100,000 (for an individual) or $500,000 (for a corporation) and up to 5 years in prison – or both the fine and prison term together with the costs of prosecution.

Common forms of tax evasion include failure to file a return, filing a knowingly incorrect return (containing false or exaggerated deductions, income, or expenses), using a different address to avoid a certain state’s taxes, paying employees in cash, keeping pay withholdings, incorrectly reporting cash sales to avoid sales tax,  and more.

Duty of the Prosecution

In order to protect the rights of American citizens, it is the explicit duty of the prosecution to prove, beyond a reasonable doubt, the following three factors:

• Specific intent to violate a known legal duty, such as the payment of taxes
• Attendant circumstances, for example, the unpaid tax liabilities
• That the offense was an affirmative act (not an omission or failure to act) of evading or attempting to evade the assessment or payment of tax

 Using the above factors, an experienced criminal defense attorney can attain a reduced sentence or lessened charges and may even get the case dropped altogether.

If you have been accused of tax evasion, contact us today and get the knowledgeable and aggressive defense you deserve.