Top Floral Park, NY Federal Tax Fraud Lawyers Near You
Unparalleled Experience and a Tradition of Winning Appeals! Selected to SUPER LAWYERS & Rated AV-PREEMINENT. Contact Us TODAY for a FREE CONSULTATION!
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Experience Matters When So Much Is On The Line. Representing Clients In All States For Federal Criminal Defense
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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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Fed Trouble? Free Consult. Former Prosecutor & Team Former Federal Agents. Call/Text 24/7. Immediate Response Guaranteed!
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123-60 83rd Avenue, Suite 1T, Kew Gardens, NY 11415
Law Office of Luke Scardigno helps clients in the Floral Park area handle cases involving Federal Tax Fraud.
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16 Court Street, Suite 3500, Brooklyn, NY 11241
Getting legal representation for your Federal Tax Fraud issue is easier than you think. Let Law Offices of Samuel Gregory P.C. in Floral Park, New York help you today.
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114 Old Country Rd., Suite 212, Mineola, NY 11501
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Assisting people in New York with their Federal Tax Fraud needs. Learn More.
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299 Broadway, Suite 1400, New York, NY 10007
7 Times Sq, 44th Floor, New York, NY 10036
1211 6th Ave, 26th Floor, New York, NY 10036
275 Broadhollow Rd, Suite 300, Melville, NY 11747
136-18 39th Ave, 8th FL, Flushing, NY 11354
60 E 42nd St, 40th Floor, New York, NY 10165
101 Park Avenue, 17th Floor, New York, NY 10178
230 Park Avenue, Suite 1130, New York, NY 10169
875 3rd Ave, 21st Floor, New York, NY 10022
1251 Avenue of Americas, New York, NY 10020
175 Pinelawn Rd, Suite 250, Melville, NY 11747
445 Park Avenue, Ninth Floor, New York, NY 10022
347 5th Ave, Suite 1402, New York, NY 10016
2 Sarles Street, Mount Kisco, NY 10549
604 Quaker Rd, Chappaqua, NY 10514
332 Willis Ave, Mineola, NY 11501
1185 Avenue of the Americas, Suite 3400, New York, NY 10036-4003
200 Garden City Plaza, Suite 520, Garden City, NY 11530
45 Rockefeller Plaza, New York, NY 10111-0100
485 Lexington Ave, Suite 1001, New York, NY 10017
950 Third Ave, Suite 2400, New York, NY 10022
260 Madison Ave., 22nd Floor, New York, NY 10016
Floral Park Federal Tax Fraud Information
Lead Counsel independently verifies Federal Tax Fraud attorneys in Floral Park and checks their standing with New York bar associations.
Our Verification Process and Criteria
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Attorneys must meet stringent qualifications and prove they practice in the area of law they’re verified in.Good Standing
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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