Federal tax fraud refers to violations pertaining to any criminal offense of the Internal Revenue Service (IRS) code. These offenses include, but are not limited to, failure to file tax returns, tax evasion (generally defined as using an illegal or improper means for the purpose of evading the payment of taxes), and filing tax returns which contain false statements such as underreporting assets or income and over-deducting expenses or other deductions.
It is important to note that tax fraud is covered by the laws of both the state and federal governments. In addition, the Florida Department of Revenue is also responsible for investigating tax fraud. Therefore, tax fraud in Miami, or elsewhere in the US, is a serious crime that can have civil and criminal consequences. These include repayment or payment of back taxes, or worse, criminal charges and possible conviction.
Because of the severity of tax fraud charges, individuals facing trial for tax-related crimes should contact a seasoned Miami tax lawyer. Doing so can give you a much greater chance of achieving a favorable outcome. Michael J. Rosen, P.A., is a successful attorney with experience in tax fraud litigation. Our approach to cases places emphasis on investigation during the pre-indictment stage. It is critical to gather information that can reduce or eradicate charges altogether. Although most federal cases are resolved by plea deal arrangements, Michael J. Rosen, P.A., does not rule out the possibility of trial. Therefore, pre-indictment efforts have a double purpose in preparing the case in the event of litigation.
Hiring a Miami tax fraud attorney is a better option than self-representation. One of the primary reasons for this is that tax law, at any level, is a complicated and intricate matrix of state and federal regulatory details. A well-versed federal tax fraud lawyer can be your most effective asset when trying to understand the law. Successfully defending a criminal tax evasion charge requires an attorney with knowledge and understanding of the law as it relates to each individual case. Furthermore, a good attorney knows the right defense strategies. They can guide you through all the details and processes involved in defending your case. There are several common criminal defense strategies that can be used when defending against tax fraud charges.
In cases of tax fraud, it is common for the defense’s lawyer to challenge the prosecution’s evidence on which they have based their charges. The evidence should prove beyond a reasonable doubt that the defendant did, in fact, commit tax fraud. If the attorney can inject reasonable doubt into the prosecution’s accusations, the case can be won or dismissed.
Many times, when a taxpayer is charged with tax evasion, they did not intentionally commit a tax crime or purposely try to deceive the IRS. In these cases, the client was not aware of their crimes. A good defense attorney can attempt to prove that their client did not intend to commit a crime regarding their tax return.
A tax fraud lawyer may be able to prove their client simply made an honest mistake in preparing their tax return. They could also attempt to prove that they simply did not understand the tax laws or reporting requirements.
Sometimes, when the IRS is investigating a case, the agency may not have filed charges against the defendant within the statute of limitations. If this is true, the defense can make a strong case for it. This argument must be backed by proof that the IRS did not act within the proper timeframe. If this defense is successful, the prosecution must drop the charges.
This defense argues that the defendant was advised by a trusted tax practitioner or other tax advisor. It shows that, in good faith, they believed the advice to be correct and had no reason to suspect otherwise.
The time it takes for the IRS to investigate tax evasion varies from months to years. The exact duration of a case depends on the charges and the amount of evidence to evaluate. Many other factors may also influence the complexity of the case. The investigation is limited, though, to the statute of limitations for tax fraud. This is generally six years, but this timeframe can be extended in certain situations.
Most tax fraud crimes against the IRS are felonies. They can result in imprisonment if an individual is convicted. Such crimes include:
However, many tax crimes are not criminal. These usually result in civil penalties rather than criminal charges. What is not well known is the mere failure to file a tax return is a misdemeanor, punishable by no more than one year in jail.
Whether a person is charged with a tax crime, may well depend on the amount of money involved. However, once a decision has been made to charge an individual with a tax felony, the amount of money becomes irrelevant and the question of the taxpayer’s intent is the critical issue. Once the criminal case is completed, then the civil division of the IRS will focus on the collection of any outstanding tax debt. Many felony convictions for tax fraud can result in jail time and monetary consequences. There is no minimum or maximum prison term for those convicted of serious tax crimes. The IRS has a very broad range of discretion when pursuing charges of tax evasion. Often imprisonment for felony tax fraud is related to parallel investigations and other criminal activity that also involved tax evasion.
There are many strong defense strategies used to defend against charges of tax fraud. The one you should use will depend on the circumstances of your situation. The optimal way to determine your ideal defense is to talk to a qualified tax lawyer. It is crucial to find an attorney who is experienced with tax evasion cases and knowledgeable about tax law.
If you are facing tax fraud charges in Miami, the sooner you hire a Miami tax fraud attorney, the better your chances are of winning your case. Michael J. Rosen, P.A., can investigate the allegations brought against you and build a solid defense on your behalf. If necessary, we can litigate your trial to pursue an ideal outcome for your case. Our firm is dedicated to defending those who are accused of tax offenses. Whether you are facing state or federal charges, or civil or criminal allegations, contact Michael J. Rosen, P.A., for a consultation today.
“Ultimately, trial preparation and defense is what we do.” – Michael J. Rosen.
We invite you to call the firm to set up an appointment. (305) 446-6116.
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