Top Dana Point, CA Federal Tax Fraud Lawyers Near You
Our nationwide team of defense lawyers includes a former U.S. Attorney, four former Federal Prosecutors, two former FBI agents and two former Army JAGS.
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SoCal Super Lawyers 16 years in a row, AV rated. Criminal defense attorney offering experience, skill and personal attention.
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Former Prosecutor Fighting For You! Top Rated Federal Criminal Defense Law Frim.
When Results Matter Most, Put 42 Years of Criminal Defense to Work For You! Open 24/7. Free Consultation.
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16520 Bake Parkway, Suite 280, Irvine, CA 92618
Representing people in Dana Point, California with their Federal Tax Fraud issues.
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6345 Balboa Blvd, Suite 247, Encino, CA 91316
If you need Federal Tax Fraud help in California, contact Law Office of Gregory Rubel, a local practice in Dana Point, for legal representation.
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350 W. Colorado Blvd, Suite 200, Pasadena, CA 91105
Those seeking legal help with Federal Tax Fraud can reach out to Buehler & Kassabian, a local practice representing people in Dana Point, California.
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2600 Michelson Dr, Suite 900, Irvine, CA 92612
3838 Carson Street, Suite 302, Torrance, CA 90503
120 Newport Center Drive, Newport Beach, CA 92660
3700 Wilshire Blvd, Suite 950, Los Angeles, CA 90010
3460 Ocean View Blvd, Suite F, Glendale, CA 91208
888 West 6th St, 4th Floor, Los Angeles, CA 90017
225 Avenue I, Suite 201, Redondo Beach, CA 90277
355 South Grand Ave, Suite 2450, Los Angeles, CA 90071
10250 Constellation Blvd, Suite 900, Los Angeles, CA 90067
865 S. Figueroa St., Suite 3100, Los Angeles, CA 90017
695 Town Center Drive, 17th Floor, Costa Mesa, CA 92626
3200 Park Center Dr, Suite 250, Costa Mesa, CA 92626
9350 Wilshire Blvd, No. 203, Beverly Hills, CA 90212
25909 Pala, Suite 300, Mission Viejo, CA 92691
355 S Grand Ave, Suite 2850, Los Angeles, CA 90071
19800 MacArthur Blvd, Suite 300, Irvine, CA 92612
600 Anton Boulevard, Suite 900, Costa Mesa, CA 92626
2049 Century Park E, Suite 3500S, Los Angeles, CA 90067
6464 West Sunset Blvd., Suite 1030, Los Angeles, CA 90028
4350 Von Karman Ave, 4th FL, Newport Beach, CA 92660
400 Spectrum Center Drive, Suite 1700, Irvine, CA 92618
1 MacArthur Place, Suite 200, Santa Ana, CA 92707
Dana Point Federal Tax Fraud Information
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What Constitutes Tax Fraud?
Tax fraud involves the willful failure to pay taxes. According to the Internal Revenue Service (IRS), tax fraud is an intentional wrongdoing by the taxpayer, with the intent to evade paying taxes owed through misrepresentation of material facts. Tax fraud requires an intent to commit fraud or evade tax payment. Making a mistake on your tax forms or filing your taxes late are generally not considered fraud.
There are many ways a taxpayer can commit tax fraud. Common types of tax fraud may involve:
- Failure to report income
- Failure to file a tax return
- Filing a false return
- Assisting others in committing tax fraud
- Failure to pay employment taxes
- Fraudulent accounting to avoid taxes
- Overstating deductions
- Hiding money in offshore accounts
- Making fraudulent deductions
How Does the IRS Investigate Tax Fraud?
The IRS has a Criminal Investigation Division to conduct criminal investigations for tax fraud. There are several ways the IRS can be alerted to possible fraud. Tax fraud can show up when investigators are looking into other federal crimes, like money laundering or wire fraud. Fraud can be identified through computer algorithms that look for signs of potential fraud and notify tax officials to look more closely at the taxpayer and their return. Auditors and revenue collectors may also report suspected criminal fraud.
The IRS also has a whistleblower office to take reports from the public, including employees, co-workers, neighbors, or even family members who report suspected tax fraud. The whistleblower program provides an award for between 15% and 30% of the total proceeds recovered by the IRS.
When the IRS opens a criminal investigation, they may review financial records, conduct surveillance, take out search warrants, and subpoena records from financial institutions to gather evidence. If there’s enough evidence to support criminal charges, the Department of Justice or the United States Attorney may take the case to trial.
What Is the Punishment for Tax Fraud?
Tax fraud is a criminal offense. Most tax fraud offenses are treated as felonies. For example, tax evasion under IRC § 7201 is a felony, with penalties including up to $100,000 in fines (up to $500,000 in fines for corporations) and a jail sentence of up to 5 years. Other felony tax fraud charges that can include federal prison time involve:
- Felony failure to collect or pay over tax
- Felony failure to report certain cash transactions
- Felony filing false tax returns
A tax fraud conviction can also result in fines, paying the legal costs for the government, and restitution.
How Much Will I Owe for Tax Fraud?
Tax fraud can result in criminal penalties and civil penalties. Penalties for a civil offense generally include fines, fees, or money damages. Under the U.S. Code, the IRS can impose a fraud penalty of 75% of the portion of the fraud underpayment added to the tax. For example, if a taxpayer fraudulently underpaid $40,000 in taxes, the IRS could add an additional $30,000 fraud penalty, for a total of $70,000 owed.
How Far Back Can the IRS Go In Tax Fraud?
The IRS generally does not go back more than 3 years to audit federal tax returns. If there is a substantial error, the IRS may be able to go back 6 years. However, there is no time limit in cases of tax fraud. If the IRS identifies fraud in the tax filings of a 30-year-old corporation, the IRS could go back 30 years to collect fraudulent underpayments and any additional penalties.
When Should I Hire a Tax Fraud Attorney?
The time to think about hiring a tax fraud attorney is when you learn about a possible IRS criminal investigation. You may not want to wait until fraud charges are filed. Having a tax attorney represent you during the investigation may be able to help you avoid saying the wrong thing that could end up being used against you.
Can a Tax Attorney Negotiate With the IRS?
There are several ways a tax attorney can help you in a tax fraud case. Even before the case goes to trial, your criminal defense attorney can negotiate with the IRS. Your attorney may be able to negotiate an agreement to pay a set amount of taxes on a payment plan and avoid criminal charges. A tax lawyer may also be able to negotiate to reduce the charges, accept a lesser offense, and avoid jail time.
If you do not want to take a plea agreement, you can still take your case to court. There may be strong legal defenses in your case, to help you avoid a criminal conviction. The prosecutor has the burden of proving every element of the federal offense, beyond a reasonable doubt. If your tax lawyer can introduce a little bit of doubt into the minds of the jurors, you should not be found guilty. Possible defenses to tax fraud charges may include:
- Defendant had a good faith belief that they filed correctly
- Tax errors were committed by mistake or clerical error
- Defendant had no intent to defraud the government
- Evidence was collected through an unlawful search in violation of the defendant’s constitutional rights