According to a Department of Justice press release, a Florida woman recently pleaded guilty to filing false tax returns with the IRS in order to fraudulently obtain tax refunds. This case illustrates the serious legal consequences that arise from filing false claims with the IRS. If you have filed a tax return that did not truthfully reflect your actual income or expenses, or have failed to file a tax return for one or more years, it is crucial to discuss your situation with an experienced tax defense attorney.
Defendant Filed False Returns to Obtain Nearly $2 Million in Fraudulent Tax Refunds
Court records reveal that Yolanda Dewar, a surgical technologist from Sunrise, Florida, created a trust and, between 2018 and 2020, filed four false tax returns on behalf of the trust to fraudulently claim nearly $2 million in tax refunds. Despite being notified by the IRS that her claims were frivolous and lacked legal basis, Dewar continued to submit false returns. In total, the IRS issued approximately $500,000 in response to her fraudulent claims.
Dewar allegedly used a portion of the refunded money to purchase a car for a family member, pay for plastic surgery, and renovate her home. She is scheduled to be sentenced on Oct. 24, facing a maximum penalty of three years in prison. Additionally, she could be ordered to serve a period of supervised release. Lastly, Dewar could be required to pay restitution to the IRS, representing the amount of tax loss that she caused.
Consult a Tax Lawyer If You Have Filed False Returns
The case above demonstrates the significant risks of filing false tax returns. The IRS takes fraudulent claims seriously, and the consequences can include prison time and steep financial penalties, such as restitution. The IRS has adopted various methods to identify those attempted to cheat the tax system. Whether taxpayers have failed to file a return or have claimed a false refund, IRS technology can help agents weed out tax cheats faster than ever.
If you have filed a false tax return or failed to file a return, it is in your best interest to consult with a seasoned tax attorney. Working together, you will work to determine the pertinent facts of your case and will determine the best strategy to come into tax compliance.
If you have failed to file a tax return for one or more years or have taken a position on a tax return that could not be supported upon an IRS or state tax authority audit, eggshell audit, reverse eggshell audit, or criminal tax investigation, it is in your best interest to contact an experienced tax defense attorney to determine your best route back into federal or state tax compliance without facing criminal prosecution.
Note: As long as a taxpayer that has willfully committed tax crimes (potentially including non-filed foreign information returns coupled with affirmative evasion of U.S. income tax on offshore income) self-reports the tax fraud (including a pattern of non-filed returns) through a domestic or offshore voluntary disclosure before the IRS has started an audit or criminal tax investigation / prosecution, the taxpayer can ordinarily be successfully brought back into tax compliance and receive a nearly guaranteed pass on criminal tax prosecution and simultaneously often receive a break on the civil penalties that would otherwise apply.
It is imperative that you hire an experienced and reputable criminal tax defense attorney to take you through the voluntary disclosure process. Only an Attorney has the Attorney Client Privilege and Work Product Privileges that will prevent the very professional that you hire from being potentially being forced to become a witness against you, especially where they prepared the returns that need to be amended, in a subsequent criminal tax audit, investigation or prosecution.
Moreover, only an Attorney can enter you into a voluntary disclosure without engaging in the unauthorized practice of law (a crime in itself). Only an Attorney trained in Criminal Tax Defense fully understands the risks and rewards involved in voluntary disclosures and how to protect you if you do not qualify for a voluntary disclosure.
As uniquely qualified and extensively experienced Criminal Tax Defense Tax Attorneys, Kovel CPAs and EAs, our firm provides a one stop shop to efficiently achieve the optimal and predictable results that simultaneously protect your liberty and your net worth. See our Testimonials to see what our clients have to say about us!