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Help! I’ve been Accused of Tax Evasion

Updated on February 27, 2013

Tax evasion is a serious charge. You may have purposely filed false tax returns or simply not filed at all but in many cases individuals make genuine mistakes that just so happen to garner the attention of theirs. You won’t find a country in the world where tax evasion is taken lightly and if you are accused, whether correctly or not, the very first thing you’ll want to do is hire an IRS tax attorney to defend you.

Proving Intention

Most tax evasion cases are handled by the IRS and are prosecuted in the federal court system. The first thing the IRS and prosecution will do is conduct an investigation to determine whether or not you intentionally committed the tax violations you are accused of. If it is clear that you merely made a mistake the IRS may be willing to work with you to make repayment arrangements but if you obviously attempted to avoid paying your taxes your case will definitely move to the court system.

Ignorance is never a good defense but if you really made an honest mistake your lawyer will attempt to do all he can to prove such to the IRS. The IRS, on the other hand, will do everything in their power to prove you knew what you were doing. You’re in a difficult situation and should be prepared to answer all questions as honestly as possible.

Dealing with the IRS

At some point during the investigation you will have to meet with an IRS agent. Remember, most IRS agents want to work with you to uncover the real truth but they’re already biased and may believe you attempted to evade your tax obligations on purpose. As such, he’ll be looking for evidence to prove his case.

Your criminal tax attorney will work with you before your IRS meetings in order to review the details of your case and to ensure you don’t make any incriminating statements. Your goal is not to lie to the IRS or to your lawyer but to make sure that everything you say is incredibly clear so that it cannot be misconstrued. It is imperative that you relay all of the pertinent details to you lawyer at all times.

Your lawyer will, of course be allowed to be present at any IRS meetings or hearings and he will be able to speak on your behalf. You must be open and honest with your lawyer at all times in order for him to do all that he can to make sure your rights are protected throughout the defense process.

Tax evasion charges are a very serious matter but you are still innocent until proven guilty. While finding out you or your accountant made a simple mistake on your tax returns may be shocking the resulting fines and back taxes owed will still be far less than the penalties (both financially and physically) you will incur if you are falsely convicted of tax evasion. Make sure you call a criminal tax attorney the moment you find out you are accused of these serious offenses.


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