According to a Department of Justice press release, a Florida woman was sentenced to serve eight years in federal prison after taking part in a scheme to file thousands of falsified tax returns attempting to procure fraudulent refunds. This story should remind taxpayers that regardless of the magnitude of criminal tax activity, the IRS and the Department of Justice do not take criminal tax actions lightly and the repercussions of a criminal tax prosecution can be life changing. If you have failed to file a tax return for one or more years, or have filed a tax return with false or misleading information, that could not be supported upon an IRS or state tax audit, egg shell audit, reverse eggshell audit or criminal tax investigation it is in your best interest to contact an experienced tax defense attorney to determine your options to come into tax compliance.
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 disclosurebefore 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, KovelCPAs 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!
Defendant Filed 16,000 False Tax Returns
Court records reveal that Petra Gomez pleaded guilty to conspiracy to defraud the federal government and tax evasion last year. As a part of that prosecution, federal prosecutors alleged that Gomez and her sister, Jakeline Lumucso, worked together to file more than 16,000 falsified tax returns between 2012 and 2016. Over that time, the defendants attempted to collect over $25 million in fraudulent refunds. The co-conspirators requested thousands of refunds using five different tax preparation companies.
In addition to the fraudulent requesting of tax refunds, Gomez pleaded guilty to filing a false 2014 individual income tax return. In that filing, she underreported her income by more than $800,000, causing a tax loss to the IRS of more than $500,000
Lumucso was sentenced to four years in prison earlier this year. In addition to being sentenced to serve eight years in prison, Gomez was ordered to pay restitution of just under $25 million, representing the tax loss that she caused.
Strategizing With a Tax Attorney to Come into Compliance
This story should sound the alarm for taxpayers who have either failed to file a tax return or have filed a tax return with misleading or downright incorrect information. Although the IRS and Department of Justice found particular interest in prosecuting the defendant for her conspiracy to defraud the United States, she was also charged with lying on her individual income tax return. The reality is that the IRS and Department of Justice will pursue taxpayers who have lied on their tax return regardless of the amount at issue.
If you have failed to file a tax return for one or more years or have filed a tax return that underreports income or over reports deductions, you should contact an experienced tax defense attorney to determine your civil and/or criminal liability and work toward coming into tax compliance. Together, you and your seasoned tax attorney will determine the best strategy to catch you up with the IRS or state tax authorities while mitigating some of the potential repercussions that can result.
We Are Here for You
Regardless of your business or estate needs, the professionals at the Tax Law Offices of David W. Klasing are here for you. We are open for business and our team will help ensure that your business is too. Contact the Law Offices of David W. Klasing today to discuss your business with one of our professionals.
In addition to our main office in Irvine, the Tax Law Offices of David W. Klasing has unstaffed (conference room only) satellite offices in Los Angeles, San Bernardino, Santa Barbara, Panorama City, Oxnard, San Diego, Bakersfield, San Jose, San Francisco, Oakland, Carlsbad and Sacramento.
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More Commonly Asked Tax Audit Questions
- How should Tax Audits be Handled by Criminal Tax Counsel?
- How to survive audit when I cheated on return being audited
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- Warning signs of a criminal referral from an IRS audit
- Effective tax defense counsels goals in an egg shell audit?
- How are the 4 goals and outcomes 1 and 2 best obtained?
- What are the possible outcomes of an egg shell audit?
- Is it my right to know why I was selected for examination?
- What can I do to prepare for an audit?
- What is an IRS civil examination?
- How IRS decides which tax returns are audited
- What are my appeal options if I disagree with IRS?
- What are my basic taxpayer rights if the IRS audits me?
- Options if I am unable to pay at the conclusion of audit
- What a 30 or 90-Day Letter from the IRS means
- What is involved with appealing disagreements?
- Rights to disagree with IRS tax auditor’s findings
- Can I stop the IRS from repeatedly auditing me?
- Can I have the examination transferred to another area?
- Can I record my IRS interview and is it a good idea?
- How many years of returns are at risk during an audit?
- Common reasons for the IRS to conduct a tax audit
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- Have to agree to interview by taxing authority directly?
- Are all audits the same?
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- Don’t go into an IRS audit without representation
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- Why hire David W. Klasing to represent me in an audit
Questions and Answers About Tax Relief and Tax Resolution
- What to do if there is an IRS discrepancy in amounts owed?
- What are IRS allowable expenses?
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Questions and Answers on Offer in Compromise
- Do I need to provide financials if the IRS requests them?
- How does the IRS calculate my income?
- David W. Klasing Offer in Compromise help
- How long does it take to get an Offer in Compromise?
- What exactly is an Offer in Compromise?
- How exactly do I apply for an Offer in Compromise?
- How to protect my Offer in Compromise from being revoked
- Prerequisites to obtaining an Offer in Compromise
- Form 433-A (OIC) Collection Information Statement with OIC
- When will the IRS entertain an Offer in Compromise?
- What are the ways Offers in Compromise can be paid
- Objectives of the IRS Offer in Compromise Program
- Will Offer in Compromise affect criminal tax liability?
- Offer in Compromise includes liabilities prior to marriage
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- Filing Offer in Compromise affect collection actions?
- How will I know if my Offer in Compromise is accepted?
- What happens when IRS finds something wrong with my offer
- Why was my offer found to be unacceptable?
- Is an accepted Offer in Compromise public record?
- What legal effects does entering into an Offer in Compromise have on a taxpayer?
Questions and Answers on Tax Liens, Levys and Tax Garnishments
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- I received a notice from the IRS, what do I do?
- I moved and never received notices from the IRS