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What Qualifies as Tax Fraud Under Federal Law?

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Individuals, commercial entities and organizations in the U.S. are required by federal law to report their income to the U.S. Internal Revenue Service (IRS) so that they can be properly taxed. There are many people, business and non-profit organizations that fail to properly report their income or who use other deceptive tactics to avoid paying taxes or to minimize their tax liability. When this happens, these parties can be accused of federal tax fraud or tax evasion, which can lead to serious criminal repercussions. When the offender commits one of these offenses against the federal government, the offense becomes a federal crime. The IRS lists various ways in which tax fraud can occur. Some of these include the following:

  • Failure to report income
  • Failure to files tax returns or pay owed taxes
  • Use of false exemptions/deductions
  • Use of tax documents that are false or that have been altered
  • Use of someone else's Social Security Number for tax purposes
  • Fraudulent activity by a tax return preparer
  • Offering or accepting kickbacks (bribes) in relation to tax activity

Convictions for federal tax fraud or tax evasion can result in high fines and possible incarceration in federal prison. If you have been accused of this type of offense, it is vital that you seek counsel from an experienced Lexington criminal attorney. At the Law Office of James R. Snell, Jr., LLC, Jr., LLC, we know that there are many cases in which simple mistakes get blown out of proportion, causing taxpayers to be wrongfully implicated of fraudulent activity.

For example, a taxpayer's omission of certain income might be due to an honest miscalculation or the taxpayer's misunderstanding of what needed to be reported—in which case, the act of omission should not be considered fraud. In order for individuals to be found guilty of crimes involving fraud, there usually needs to be an element of intentional misrepresentation. For this reason, it is sometimes possible to challenge tax fraud charges by showing that there was a lack of intention to commit fraud. In other cases, there might simply be a lack of evidence proving that the defendant committed the crime.

Turn to Law Office of James R. Snell, Jr. for high-quality defense in your federal tax fraud case. We have access to certified public accountants, professional forensic accountants and other professionals who can work on your case and help gather the necessary evidence for solidifying your defense. Contact us for assistance!

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