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San Jose tax evasion defense lawyerIf you are being investigated for tax evasion, you may feel lost, confused, and concerned about the possible penalties you may face. The federal offense of tax evasion occurs when an individual or corporation intentionally and systematically attempts to avoid paying taxes. The offender may falsify documents, fail to report income, or use other illegal tactics to reduce his or her tax obligations. In the last decade, countries around the world have worked together to prevent individuals from concealing income in foreign banks. Tax evasion can include any procedures that allow assets, financial instruments, or revenue to go untaxed or be taxed at a lower rate. The potential penalties for tax evasion can include heavy fines and incarceration. If you are being audited by the IRS, you should know how federal laws may affect you.

Federal Law Regarding Tax Evasion

Tax evasion is a willful act. Simply making mistakes on your tax return will not result in tax evasion charges. Section 7201 of the Internal Revenue Code describes the offense of tax evasion. In order for the IRS and other authorities to prove that a party engaged in tax evasion, they must prove that:

  • The party has an unpaid tax liability.
  • The party intentionally took actions to evade or avoid taxes.
  • The party had “specific intent” to evade his or her duty to pay a certain tax.

Because tax evasion is a criminal matter, prosecutors must prove these elements beyond a reasonable doubt to convict a person for tax evasion.

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Posted on in Tax Audits

: San Jose tax audit appeal attorney

If you have gone through an IRS audit and received a letter advising you of its findings, chances are the agency has made determinations about which you are not happy. In some cases, the IRS may determine that you owe back taxes, plus interest and penalties. While some taxpayers may agree with the IRS’s findings and pay the assessed amount, you may believe that the findings are incorrect. In these cases, you should be sure to understand your options for asking the IRS to either reconsider or adjust the determinations.

Appealing the IRS’s Decision

Although audits are best handled by working with the IRS during the audit process, it is also possible to appeal the findings of an audit. However, it is important to keep a very good record of the audit process. This is because during an appeal, the record of the audit will be given more weight than any new information that you may wish to introduce. The auditor’s findings are part of the record, so you should make sure to have all of the supporting documentation to show why you disagree with the decision. 

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