Professional Criminal Defense Attorneys

Tax fraud and tax evasion are serious crimes that can be brought by federal or state prosecutors. These prosecutors work with organizations like the IRS, the FBI, the Minnesota Department of Commerce's Fraud Bureau, and even the Secret Service.
Some of the "red flags" that authorities look for when deciding whether they should bring a tax offense include:

Failure to file tax returns

According to 26 U.S.C. § 7203, it is a federal crime for anyone to willfully fail to file a federal income tax return when that person knows they are required to file.

Understatement of income

You can be penalized if you substantially understate income: defined 26 C.F.R. § 1.6662-4 as “an understatement of tax that exceeds the greater of 10 percent of the tax required to be shown on the tax return or $ 5,000."

Concealment of assets

Investigations and charges are often tied with allegations that the people being investigated are knowingly and fraudulent hiding their assets.

Dealing in cash

Investigators look at large cash payments as red flags, as people sometimes pay in cash to avoid payroll taxes and other tax reports and payments.

Implausible or inconsistent behavior

Behaviors that authorities find unpredictable, irregular, or illogical typically bring further investigation, especially when these behaviors are inconsistent with the typical standard of practice.

Concealing illegal or improper activities

Sometimes, as the saying goes, the cover-up can be worse than the crime. Authorities examine to see whether a person being investigated for tax offenses committed a different improper act in the course of their conduct.

Inadequate records

Every taxpayer is required by law and regulations to maintain records with sufficient detail to prepare a proper return. When a taxpayer makes a tenuous claim and doesn't have records to support that claim, authorities investigate further.

Failure to make estimated tax payments

Some taxpayers have to make estimated tax payments throughout the year. Taxpayers who intentionally fail to do so can be further investigated and penalized.

Failure to cooperate with tax authorities

Under the federal statute 26 U.S.C. § 7203, taxpayers have some obligations to cooperate with tax authorities who are investigating them. If tax authorities reach out to you, you should speak with experienced attorneys promptly.

Avoiding reporting requirements

One of the most common red flags is what is called "structuring" a financial transaction.
For example, if a person thinks a bank has to report a cash deposit over $10,000 , and so breaks an $18,000 cash deposit into two $9,000 chunks thinking the bank does not have to report it, that would be "structuring" the deposit. Structuring is a strong indicator to authorities that the money is tied to illegal activity.

Don't hire "just any tax attorney"

If you are being investigated for or prosecuted for a tax-related offense, or if you think you might be soon, then you should speak to a federal criminal tax attorney immediately. It is important to understand that all actions you take during the course of a tax audit may determine whether or not you are charged with a state or federal tax offense. For instance, lying or giving evasive answers to IRS investigators or state tax authorities, delay tactics and other actions designed to mislead IRS or state tax agents can lead to state or federal criminal charges than can be brought in addition to the serious tax charges.

Our team of qualified tax evasion attorneys is knowledgeable about the law and investigatory process when it comes to these types of criminal actions. We also have deep connections to CPAs, forensic accountants, and other lawyers who may be able to help. We at Birrell Criminal Defense have handled complex criminal tax cases. Effective lawyers have to have a savvy understanding of these issues and a determination to help protect you from law enforcement and the government lawyers. That’s what we are here to do.

We will be right by your side at every step to help you understand, make decisions and ensure you are treated fairly. Contact us today to privately discuss your situation and see how we can be of service to you.

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