Boston Income Tax Evasion Attorney
Defending Income Tax Evasion Charges
In the eyes of both the state of Massachusetts and the federal government, income tax evasion is an extremely serious crime. Income tax evasion is defined as when an individual or company purposefully underpays its taxes. It is best to have an income tax evasion lawyer who knows the laws inside and out.
For example, did you know that mistakes on self-prepared tax forms are not considered tax fraud? In order to be convicted of income tax evasion, the IRS must prove that you purposefully evaded your taxes. Examples of tax fraud include when a person or company does not file her/his or its tax return. The IRS then has no way of auditing the person’s or company’s finances. Underreporting income is a common form of tax evasion. If the company or person deals in a cash-heavy business, such as a restaurant or serving, the paper trail is hard to follow.
What is Income Tax Evasion?
It is against federal law to try to evade or defeat the assessment or payment of federal income tax. “Assessment” is the determination of a person’s federal income tax liability.
For a defendant to be found guilty of this crime, the government must prove the following things beyond a reasonable doubt:
- That a defendant owed substantially more federal income tax than was indicated as due on their federal income tax return, or substantially more than zero if they filed no return.
- That a defendant willfully attempted to evade or defeat the assessment or payment of this tax.
- That a defendant committed an affirmative act in furtherance of this willful attempt.
A person may not be convicted of attempting to evade or defeat the federal income tax assessment or payment on the basis of a willful omission alone, such as mere failure to file a Form 1040 or mere failure to pay the tax due; they must have undertaken an affirmative act of evasion.
The Affirmative Act Requirement
The affirmative act requirement can be met by the filing of a frivolous tax return that substantially understates taxable income, by the filing of a false Form W-4, or by other affirmative acts of concealment of taxable income such as keeping a double set of books, making false entries or alterations or false invoices or documents, destroying books or records, concealing assets or covering up sources of income, handling one’s affairs so as to avoid keeping customary records, and/or other conduct whose likely effect would be to mislead the Internal Revenue Service or conceal income.
To prove that a defendant acted “willfully,” the government must prove that the law imposed a duty on him, that they knew of the duty, and that he voluntarily and intentionally violated that duty.
Why Choose Our Boston Income Tax Evasion Defense Lawyers?
Therefore, if you are facing a charge of tax evasion, it’s best to hire an income tax evasion defense lawyer. Brad Bailey, a white collar crime Super Lawyer, has decades of experience in criminal law and knows what it takes to create the best defense strategy possible. Among his more notable cases involving tax evasion/fraud allegations are:
- United States McCredie
- United States Ostrowski
- United States Armitage
- United States v Wajsfelner
Contact (617) 500-0252 to reach Brad Bailey and his team.
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