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FROM THE DEFENSE DESK / CRIMINAL DEFENSE
5 AUG 2026 · UPDATED 20 AUG 2026 · 3 MIN READ · BY TODD A. SPODEK
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DOCKET NO. 721 · THE DEFENSE DESK

Federal Tax Charges.

Tax Crimes: Understanding Tax Evasion and IRS Penalties There is nothing wrong with taking legal steps to pay as little tax as possible. However, it is a serious crime to take steps to evade paying...

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There is nothing wrong with taking legal steps to pay as little tax as possible. However, it is a serious crime to take steps to evade paying taxes. It is also a crime to manipulate the tax system for your own financial gain or the financial gain of others. Let's take a look at why you may be charged with a tax crime, what the penalties may be and how legal counsel may help in your case.

What Types of Tax Crimes Could You Be Charged With?

There are two common activities that the IRS tends to charge taxpayers with. The first is failing to file an income tax return in a timely manner, and the second is failure to report all of your income. Other potentially criminal activities include taking deductions that you didn't have a sound basis to claim or using someone else's identity to file a tax return.

Common Tax Crimes

Tax Crime Description
Failing to File Tax Return Not filing an income tax return in a timely manner
Failure to Report Income Not reporting all taxable income on your return
Improper Deductions Taking deductions without sound basis or justification
Identity Theft/Fraud Using someone else's identity to file a tax return
Tax Evasion Willfully attempting to evade or defeat paying taxes

How the IRS Detects Tax Crimes

The IRS will get copies of any tax forms that you receive from an employer or company that you contracted with in the past year. Your bank, broker or online payment portal may also send paperwork to the government outlining your potentially taxable transactions during the year. This is how it can tell if you are failing to report income or are otherwise making questionable declarations on a tax return.

Sources of Information the IRS Receives

  • W-2 forms from employers
  • 1099 forms from companies you contracted with
  • Bank statements and financial institution records
  • Broker statements showing investment income
  • Online payment portal transaction records (PayPal, Venmo, etc.)

What Are the Potential Penalties in a Tax Case?

A tax case is either labeled a criminal matter or a civil matter. If the matter is considered a civil case, the government will likely levy financial penalties. These penalties may include the actual balance owed plus interest and a fine. In a criminal tax evasion case, an individual may face a fine of up to $250,000 per count as well as a prison sentence of up to five years per count.

It is also possible that a taxpayer will be required to pay court costs and other fees if convicted. The IRS determines if a case is a criminal or civil matter based on your pattern of behavior. If the government believes that you tried to willfully evade paying taxes, it will likely pursue criminal charges.

Criminal vs. Civil Tax Cases: Penalties Comparison

Case Type Penalties When Charged
Civil Tax Case
  • Actual balance owed
  • Interest on unpaid taxes
  • Civil fines and penalties
  • No prison time

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