If you follow tax news, you are likely aware that lengthy prison sentences are typical in criminal tax cases – for example, that of Newington, CT-based insurance salesman Terry DiMartino, who was recently sentenced to 70 months in federal prison for tax fraud. The Department of Justice (DOJ) noted that DiMartino, who was sentenced in June 2018 following a March 2016 conviction, had “not filed an accurate individual income tax return since the 1996 tax year.” Thus, this story serves as more than just a cautionary tale about the importance of compliance. It is also a reminder that the Internal Revenue Service (IRS) can dig years, or potentially even decades into a taxpayer’s history, depending on why he or she is under investigation. If you need assistance getting caught up on tax filings, our experienced tax preparers can help – and potentially, prevent you from finding yourself in a similar situation.
CT Man Sentenced to Nearly 6 Years for Willful Failure to File, Filing a False Tax Return
According to a DOJ press release, DiMartino was originally convicted in March 2016. Over two years later, he has finally been sentenced – and the court was not lenient. Not only was DiMartino ordered to serve 70 months in prison – a sentence which works out to just under six years of incarceration – but additionally, was ordered to pay the IRS restitution in the amount of approximately $658,548. Moreover, he will be required to serve one year of supervised release, which is similar to parole, upon release from federal prison.
These penalties resulted from a string of serious tax offenses, some of which were executed years in the past. Specifically, DiMartino was convicted of the following eight crimes:
- Five counts of willful failure to file a tax return, a misdemeanor in violation of 26 U.S. Code § 7203 (willful failure to file return, supply information, or pay tax). The statute provides maximum penalties of $25,000 in fines and up to one year in prison.
- Two counts of filing a false tax return, a felony in violation of 26 U.S. Code § 7206 (fraud and false statements). The statute provides maximum penalties of $100,000 and up to three years in prison.
- One count of interfering with Internal Revenue laws, in violation of 26 U.S. Code § 7212 (attempts to interfere with administration of Internal Revenue laws). Depending on the situation, the maximum fines for this offense, which is often referred to as “tax obstruction” (or simply “obstruction”) range from $500 to $5,000, while the maximum sentence ranges from one to three years in prison.
These charges arose from an ongoing series of tax violations. According to court records, prosecutors accused DiMartino not only of sending the IRS “three false tax returns for the 2007 tax year, one of which requested a fraudulent $14 million refund,” but additionally, engaging in “threatening correspondence” with the IRS (and various insurance companies) after taxes were assessed against him and the IRS attempted to collect the tax debts. Not only was this correspondence “threatening” in nature; the press release noted it was also “false.”
One of the most salient points in the press release is the statement that “DiMartino has not filed an accurate individual income tax return since the 1996 tax year” – more than two decades ago. This statement likely surprised at least a few readers, given the widely-held misconception that there is a three-year statute of limitations, or deadline for the IRS to investigate, following the submission of a tax return. Though the three-year time limit applies under typical circumstances, there are several exceptions where the statute can be lengthened to six years, or even removed from the equation entirely, effectively giving the IRS absolute freedom to delve into the taxpayer’s financial history. For a detailed explanation of when three-year, six-year, and limitless statutes of limitations apply, see our previous article discussing how many years the IRS can audit taxes.
California Criminal Tax Defense Lawyers Handling Tax Evasion Charges
Failing to file a tax return, falsely claiming a tax refund, filing a false return, and interfering with the IRS are all extremely dangerous actions for the taxpayer. Even accidentally failing to file a return can lead to stiff civil penalties (while allowing costly interest to accumulate), while deliberate acts of fraud are virtually guaranteed to trigger devastating fines, restitution orders, and potentially, prison time.
If you forgot to file a tax return this year or in previous years, the time to take corrective action is now. For a reduced-rate consultation concerning tax evasion charges, unfiled returns, or related tax issues, call our criminal tax defense attorneys at (800) 681-1295, or contact the Tax Law Office of David W. Klasing online.
Also, we’ve expanded our offices! In addition to our offices in Irvine and Los Angeles, the Tax Law Offices of David W. Klasing now have offices San Bernardino, Santa Barbara, Panorama City, Oxnard, San Diego, Bakersfield, San Jose, San Francisco, Oakland and Sacramento.
Watch some of our Tax Law YouTube Videos:
Criminal Tax Evasion?
https://www.youtube.com/watch?v=2rBasJaRz2o
Warning signs an audit has gone criminal?
https://www.youtube.com/watch?v=gTW_KSjf57w
What is an eggshell tax audit?
https://www.youtube.com/watch?v=saJLVlER-iM
What is an effective tax defense in an IRS eggshell tax audit?
https://www.youtube.com/watch?v=7qixPqWTtvA
So you cheated on your taxes and you are under a tax audit?
https://www.youtube.com/watch?v=FZce4jqQJpI
Why should I hire a tax attorney to represent me in a tax audit?
https://www.youtube.com/watch?v=NDwc4GUfBX8
What are the common tax issues that non-filers face?
https://www.youtube.com/watch?v=fPxse0jStTw
Helpful Q and A libraries:
https://klasing-associates.com/topics/non-filer-assistance-faq/
https://klasing-associates.com/topics/criminal-tax-representation-faq/
