Lawyers for false tax return penalty
Facing False Tax Return Penalties? Our Lawyers Can Help
You filed your taxes, thinking everything was in order. But now, you’ve received a notice from the IRS claiming you filed a false tax return. Your heart sinks as you read about potential fines and even jail time for tax fraud. What do you do?? Don’t panic – Spodek Law Group is here to fight for you.With decades of experience defending clients against false tax return charges, we know exactly how to navigate these treacherous waters. Having a skilled tax fraud defense lawyer in your corner could mean the difference between a burdensome penalty and no penalty at all. So take a deep breath, give us a call at 212-300-5196, and let’s get started on your defense strategy.
What Constitutes a False Tax Return?
Let’s start with understanding exactly what the IRS means by a “false” tax return. It’s not just a case of making an honest mistake or two on your 1040 form. No, the IRS reserves the “false return” designation for cases where there is evidence of willful fraud or intentional evasion of taxes owed.Some common examples of actions that could lead to false tax return charges include:
- Underreporting income (from a job, business, investments, etc.)
- Overstating deductions, credits or expenses
- Keeping two sets of books to hide income
- Making false entries or altering records
- Claiming personal expenses as business deductions
- Hiding or transferring income to offshore accounts
The key factor is intent. The IRS has to prove you knowingly and intentionally tried to underpay your taxes, not that you simply made careless errors. But proving intent is no easy feat, which is why you need an experienced tax fraud lawyer to poke holes in the prosecution’s case.
Penalties for False Tax Returns Are No Joke
If convicted of filing a false tax return, the penalties can be pretty harsh – we’re talking potential jail time of up to 3 years plus fines of up to $100,000 for individuals ($500,000 for corporations). And that’s just for federal charges; many states also have their own tax fraud laws with additional penalties.The IRS can also require you to pay back taxes, interest, and civil penalties like the 75% civil fraud penalty. All told, a false tax return conviction could easily bankrupt you and destroy your reputation.That’s why you can’t afford to take these charges lightly. Hiring a top tax fraud defense lawyer is crucial to avoid or minimize the potential fallout. Our legal team at Spodek Law Group has successfully defended numerous clients against IRS allegations of tax fraud and false returns. We know all the tactics prosecutors use and how to counter them effectively.
Client Success Story: One of our clients, let’s call him John, was accused of underreporting over $500,000 in income from his small business over a 3-year period. The IRS claimed he intentionally kept two sets of books to hide cash payments. John was looking at up to $300,000 in fines and 9 years in prison if convicted on all counts.Our lawyers carefully reviewed all the financial records and documentation. We were able to show that the discrepancies were due to sloppy bookkeeping, not intentional fraud. John had simply failed to properly track and report some cash payments, but there was no evidence he meant to evade taxes. In the end, we got the felony charges dropped to a misdemeanor, with John only having to pay back taxes plus a 20% negligence penalty – avoiding any jail time or felony conviction.
Defenses Against False Tax Return Charges
So how do we go about defending clients like John against accusations of filing false returns? By utilizing all available defenses and attacking every element of the prosecution’s case. Some of the key defenses we employ include:
Lack of Willfulness
As mentioned, the IRS must prove you acted willfully with intent to evade taxes. If we can show you made mistakes due to negligence, ignorance of the law, reliance on a tax professional’s advice, or other non-willful reasons, it undermines their entire case.
Inadequate Records
The IRS’ allegations may be based on incomplete or inaccurate information about your true income and expenses. We’ll work to obtain and present all documentation to show your reported numbers were reasonable.
Selective Prosecution
In some cases, we may be able to show the IRS singled you out for prosecution while ignoring similar situations, violating your constitutional rights to equal protection.
Entrapment
If an IRS agent or other government operative induced you to file a false return through coercion or other improper tactics, we can claim entrapment as a defense.
Statute of Limitations
The IRS only has 6 years to charge you with filing a false return. If the allegations relate to returns older than that window, we can get the case dismissed.Every case is unique, so we carefully analyze all facts and circumstances to determine the best defense approach. Our goal is always to get charges dropped entirely. Failing that, we’ll fight to have felonies reduced to misdemeanors and minimize any fines or jail time.
Why Hire Spodek Law Group for Your Tax Fraud Defense?
When your finances, freedom and future are at stake due to tax fraud allegations, you need to bring in the big legal guns. And Spodek Law Group has an arsenal of skilled tax fraud defense attorneys ready to battle for you, including:
- Former IRS Agents & Prosecutors: Our team includes lawyers who used to work for the IRS and Department of Justice, giving us an insider’s view into how they build cases.
- Certified Public Accountants: We have CPAs on staff to scrutinize financial records and identify any errors or alternative interpretations that could counter allegations.
- Aggressive Litigators: Our courtroom lawyers are relentless in poking holes in the prosecution’s arguments and fighting for dismissals or reduced charges.
- Stellar Reputation: With over 50 years of combined experience, we’ve earned a reputation as one of the nation’s premier tax fraud defense firms. The IRS knows we mean business.
- Personal Service: We limit our caseload to provide each client with hands-on attention from senior attorneys, not paralegals or associates. Your case matters to us.
But don’t just take our word for it – read what some of our past clients had to say:
“When the IRS came after me for tax evasion, I was terrified of going to jail. The Spodek team got the charges dropped by showing my underpayments were due to negligence, not fraud. I’m forever grateful.” – Robert M.
“After being charged with filing false corporate returns, I figured I was going to prison. But the lawyers at Spodek Law Group found issues with how the IRS calculated my income and got the whole case dismissed. They saved my business and my freedom.” – Jenna T.
If you or a loved one has been accused of tax fraud or filing false returns, don’t roll the dice with a public defender or inexperienced lawyer. Your finances and liberty are at stake – you need to hire the best tax fraud defense team available. Call Spodek Law Group at 212-300-5196 or contact us online to start building your defense today.
What is the difference between tax evasion and filing a false return?
Tax evasion generally refers to taking active measures to avoid paying taxes that are owed, such as hiding income or assets, while filing a false return involves intentionally providing incorrect information on your tax forms. However, the two often go hand-in-hand, which is why the IRS may charge you with both crimes.
If I amended my return, can I still be charged with filing a false original return?
Yes, amending your return does not automatically absolve you from potential penalties for the original false filing. The IRS may still choose to prosecute the original offense.
What if I relied on a tax professional’s advice in filing my returns?
Having a good-faith belief that you were following a qualified tax pro’s advice can serve as a defense against willful filing of a false return. However, this depends on the specific circumstances and quality of the advice received.
Can I be charged with filing a false return if I didn’t file at all?
No, the crime of filing a false return specifically requires that you did file a tax return containing false information. For failing to file a required return altogether, you could face the separate charge of tax evasion.
How far back can the IRS go to find false returns?
Under the statute of limitations, the IRS generally only has 6 years to charge you with filing a false return. But this can be extended to 7 years if you underreported income by 25% or more.
Will I go to jail if convicted of filing one false return?
Jail time is a possibility, but for a single count of filing a false return, it’s more likely you’d face probation plus fines and penalties. Multiple counts or additional charges increase the jail risk.