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Tax evasion as defined by 26 USC §7201 occurs when any person willfully attempts in any manner to evade or defeat any federal tax. This section reads, “Any person who willfully attempts in any manner to evade or defeat any tax imposed by this title or the payment thereof shall, in addition to other penalties provided by law, be guilty of a felony and, upon conviction thereof, shall be fined not more than $100,000 ($500,000 in the case of a corporation), or imprisoned not more than 5 years, or both, together with the costs of prosecution.”
To be convicted of tax evasion three elements must be proven:
The government does not have to prove the exact amount owed or evaded. The only thing it must establish is that the defendant knew and understood that he or she willfully intended to evade or defeat the tax due. An affirmative act is any act performed to mislead the government with respect to the amount of taxes due or to conceal income to avoid the assessment or payment of a tax. Misrepresentations of income tax may take the form of underreporting income, inflating deductions, or hiding money and its interest altogether in offshore accounts.
If you have been charged with tax fraud, fraud lawyer Arthur Lebedin and tax evasion attorney Russ Kofman at Lebedin Kofman LLP can fight on your behalf. Our skilled team of tax attorneys is able to provide you with legal advice that may be able to help you protect your rights and freedom.
Failure to file a tax return as defined by 26 USC §7203 occurs when any person required by law to pay a tax, make a return, or keep any records fails to pay the tax, make the return, or keep the records. This section read, “ Any person required under this title to pay any tax… who willfully fails to pay such tax… shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $25,000 ($100,000 in the case of a corporation), or imprisoned not more than 1 year, or both, together with the costs of prosecution.
To be convicted of failure to file a tax return, three elements must be proven:
Filing a false tax return as defined by 26 USC §7206 occurs when anyone willfully makes any return, statement, or other documents that contain or is verified by a written declaration that it is made under the penalties of perjury, and the person does not actually believe such to be true and correct as to every material matter. A conviction of filing a false tax return will result in a felony and a fine of not more than $100,000 ($500,000 in the case of a corporation) or imprisonment of not more than 3 years, or both, together with the costs of prosecution.
To be convicted of filing a false tax return, five elements must be proven:
Acts of cyberterrorism and identity theft, as well as wire fraud, are all dependent on certain legal terms. The same applies to tax crimes in NY. It is illegal in NY to commit tax fraud. Understanding and unpacking what constitutes tax fraud acts is an essential part of the work done by any New York City Tax Fraud Lawyer. The actions are included in the tax fraud act are:
The State of New York takes tax fraud seriously. The New York Penal Law contains specific statutes that criminalize tax crime, including tax fraud. The amount of fraud against the NY government directly affects the specific charges and possible punishment.
These are complex crimes, no matter how serious or significant the tax crime charges you face.
The state law of New York applies to tax crimes and criminal tax acts that involve payment or nonpayment of state taxes. Federal tax crimes statutes apply to federal offenses in the same way as white-collar crime, computer fraud, and intellectual property offenses.
Tax evasion lawyer Russ Kofman and attorney Arthur Lebedin at Lebedin Kofman LLP work hard to give their clients the best legal advice possible. We understand how overwhelming it can be to face a tax-related offense. To speak with an experienced lawyer, contact us today.
A competent IRS tax lawyer is required if you find yourself in a similar situation to the one described above. Experience is the best substitute when searching for a tax fraud attorney to handle your case. It is important to research the background and experience of the potential attorney who you will trust to handle your case. Don’t hesitate to ask questions about similar cases.
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