San Diego Criminal Tax Lawyers
Have you been the target of tax crime investigation?
If you believe that you have exposure for a criminal tax matter, then you must speak with our San Diego tax lawyers immediately. Tax evasion, the most well-known of tax crimes under the Internal Revenue Code, is a felony. Tax evasion is known as the willfully trying to avoid or evade any previous taxes that have been imposed by Title 26.
Factors of a prima facie (Latin expression meaning first encounter or first sight) case are:
- The presence of a previous tax deficiency
- An act constituting as an evasion or attempted evasion of the previous tax hit
- Willfulness behind the invasive actions committed
Even if fraudulent concealment is established, a defendant may not be convicted of previous tax evasion unless an additional previous tax is actually due. Additionally, without evidence of intent, failure to file a tax return by itself does not mean that you have actually evaded tax responsibilities.
If you are the target of investigation or if you suspect that you may be under internal investigation, you must speak with a skilled San Diego tax attorney at Milikowsky Tax Law.
Common Types of Federal Tax Crimes
The law enforcement branch of the IRS is the IRS Criminal Investigation Division (CID). If you are under investigation for possible tax crimes, then you could be facing serious penalties, including criminal prosecution under felony penalties.
Federal tax crimes may include:
- Tax evasion
- Tax fraud
- Failure to file
- Money laundering
- Failure to collect employment taxes
If you receive a call from a special agent from the IRS CID, you must always assert your right to an attorney. Do not assume that you have to answer any questions. You have the right to remain silent and you should always consult with your lawyer before speaking with any type of federal investigator.
Anytime the IRS tries to make contact with you, this may be a sign that you are currently under investigation by the IRS. It will be crucial to act quickly and retain an experienced and hard-hitting attorney who can fight on your behalf.
IRS Badges of Fraud
Typically, the Internal Revenue Service (IRS) looks for specific "red flags" that may suggest tax evasion or other forms of tax crimes. The IRS may accuse someone of fraud from what are commonly referred to as "Badges of Fraud."
The badges of fraud include the following acts:
- Understatement of income or failure to report all income
- Failure to keep adequate records
- Implausible / inconsistent explanations of behavior
- Hiding assets
- Non-cooperation with tax authorities
- Concealing illegality
- Dealing in excessive amounts of cash
- Failing to make estimated tax payments
The IRS has also published a list of various categories of IRS indicators of fraud .
Call Milikowsky Tax Law for a Consultation
We are an international law firm with a thorough and comprehensive understanding of tax law. Completely founded on unwavering client commitment, our firm has been devoted to serving the best interests of the men and women we represent. If you are in need of hard-hitting legal advocacy in San Diego or another surrounding area in Southern California, please do not wait to consult our firm.
We are also opening a new office in Tel Aviv, Israel to serve international clients!