Tax fraud can be very serious and many tax fraud cases are prosecuted in federal court. Contact Philadelphia criminal defense lawyer Brian Zeiger for a free consultation about your tax fraud case.
What is Tax Fraud?
Tax fraud is a taxpayer’s intent to defraud the government by not paying taxes that he knows are lawfully due. Tax fraud can be punishable by both civil (i.e. pecuniary) and criminal (i.e. jail time and money) penalties. Tax evasion is a subset of tax fraud.
The difference between Tax Fraud and Tax Evasion
Tax evasion is using illegal means to avoid paying taxes. Typically, tax evasion schemes involve an individual or corporation misrepresenting their income to the Internal Revenue Service. Misrepresentation may take the form either of underreporting income, inflating deductions, or hiding money and its interest altogether in offshore accounts. The U.S. Government projects that fiscal year 2007 resulted in the government losing $345 billion because of tax evasion.
What is Tax Evasion?
Tax evasion is a subset of tax fraud. Tax evasion usually entails a deliberate act of misrepresentation of taxable income to the IRS. Common examples of acts which could result in a charge of tax evasion include the following:
- Not declaring all your income
- Deliberately overstating expenses or deductions
- Failing to file tax returns when you have taxable income in an attempt to avoid detection
Individuals involved in illegal enterprises often engage in tax evasion because reporting their true personal incomes would serve as an admission of guilt and could result in criminal charges.
How to prove Tax Evasion
Proof of the crime requires first proving that an unpaid tax liability exists. Second, the prosecution must prove some affirmative act by the defendant to evade or attempt to evade a tax. Third, prosecutors most show that the defendant possessed the specific intent to evade a known legal duty to pay. To convict, the jury must find the defendant guilty of each of these elements beyond a reasonable doubt.
Contact Brian Zeiger
When you need a Philadelphia, Pennsylvania attorney to defend you when arrested and charged with a with a white-collar crime, contact Brian Zeiger. It is critical to have an experienced attorney advocating on your behalf. Brian Zeiger is an experienced criminal defense attorney who will vigorously defend your rights.
An experienced criminal defense attorney can help you determine whether you have any grounds for dismissal of the charges, explore plea options, or represent you at trial. Only someone familiar with the criminal court system and cases like yours will know how good your chances are for a favorable outcome. A knowledgeable attorney will take all of this into consideration, assist you in making decisions about your case, and protect your rights.
Contact The Zeiger Firm today at (215) 546-0340 for a consultation, and let us help you.