Attorney Defending Southern California Taxpayers from Criminal Prosecution
Although U.S. taxpayers may structure their finances to reduce their overall tax liability, nobody may under-report income, claim more deductions than he or she is legally entitled to, or intentionally fail to file a return. When an individual or business deliberately makes false statements to the Internal Revenue Service (IRS) for the purpose of avoiding any portion of a required tax payment, criminal charges of fraud may result. If you are under investigation for this offense, you need a knowledgeable tax lawyer to advocate on your behalf. For more than 30 years, certified tax law specialist William Hartsock has provided diligent representation to clients across Southern California who are facing an investigation by the IRS.
Fight Charges of Fraud
The IRS regularly audits tax returns to identify and collect any unpaid money owed to the government. Every year, it performs a random examination of less than 1.5 percent of the individual returns and less than one percent of the business returns filed for the prior year. People who incorrectly assess the amount of their taxes due to simple carelessness may be subject to civil penalties, but they generally will not face criminal charges.
If the IRS suspects that an individual or business committed tax fraud, however, it may assess a civil penalty of 75 percent of any amount owed, plus interest. Additionally, a U.S. taxpayer who is convicted of this crime can face up to five years in prison for each instance of the offense. Defending someone who is accused of tax fraud often includes engaging in a comprehensive and lengthy accounting. This is designed to demonstrate that any inaccuracy in the amount paid was merely careless rather than deliberate.
The likelihood of an individual taxpayer’s return being examined by the IRS normally rises based on his or her adjusted gross income. Likewise, over 15 percent of returns filed for large corporations with assets exceeding $50 million will be subject to an examination, whereas less than one-half of one percent of partnership tax returns are audited. Red flags for possible fraud can include failing to file a return, maintaining inadequate records, refusing to cooperate with the IRS, dealing in cash, using delaying tactics, and providing inconsistent explanations to authorities. Failing to file any required forms related to certain offshore assets may also result in added attention from the agency.
Whether or not there is any foundation to them, all allegations of tax fraud should be taken extremely seriously. Although the government must prove that a taxpayer who stands accused of this crime is guilty beyond a reasonable doubt, most of the prosecutions recommended by the IRS have resulted in convictions. Any U.S. taxpayer who is charged with committing fraud, tax evasion, or a related crime is entitled to a number of Constitutional and other legal protections. A knowledgeable attorney can explain your rights in further detail.
San Diego Lawyer Skilled in Tax Crimes Cases
If you are under investigation by the IRS, you should consult a skilled legal professional. Tax crimes attorney William D. Hartsock can help you craft a strategy for navigating this stressful process. He has decades of experience defending the rights of taxpayers in San Diego and the surrounding region. In addition to offering knowledgeable guidance, our office also provides the accounting and bookkeeping services necessary to build your defense. To discuss your case with a seasoned tax law specialist, do not hesitate to call Mr. Hartsock at (858) 481-4844 or contact us through our website.