According to local media reports, a Massachusetts business owner was recently sentenced to serve six months in prison and pay nearly half of a million dollars in restitution to the IRS after pleading guilty to multiple tax charges. This story should serve as an example to wage earners and business owners that the IRS and Department of Justice will come knocking when and if civil or criminal tax noncompliance is uncovered. If you have failed to file a tax return for one or more year, or you have taken an unsupportable position on a tax return in the past, it is in your best interest to contact an experienced tax defense attorney to determine the best strategy to get right with the government. A offshore or domestic voluntary disclosure can get you back into compliance without the risk of criminal tax prosecution if you are willing to knock on the governments door before they knock on yours.
Earlier this summer, Boylston, Massachusetts resident Robert Fuller pleaded guilty to tax charges after failing to properly report his income on his tax returns. According to court records, Fuller was the owner and operator of Fuller Motor Home, selling recreational vehicles to customers in Massachusetts.
Between 2013 and 2016, Fuller admitted to omitting more than $900,000 of income on his corporate income tax returns. To conceal his illegal activity, Fuller cashed checks written directly to the business and did not report the income to the business’s tax preparers. Additionally, Fuller failed to report any dividend income earned from Fuller Motor Home on his individual income tax returns.
In addition to being sentenced to serve six months in a federal prison, Fuller was also ordered to pay more than $450,000 in restitution to the IRS.
For many taxpayers who have not fully complied with federal or state tax laws, a common strategy is to ignore the potential for discovery, investigation, and prosecution. Taxpayers who have either failed to file a tax return or who have lied about their income or deductions will often tell themselves that the likelihood that the IRS will catch them is so low and that if they are caught, the worst case scenario is that they will need to pay the tax that they would otherwise normally owe. This misconception is not only incorrect but relying on it could actually make matters worse.
If the IRS or state taxing authorities have not yet discovered your tax noncompliance, you are positioned to meet with an experienced tax defense attorney, establish the facts of your case, and develop a strategy to come into compliance. All the steps outlined above can be completed without tax authorities conducting an examination or a criminal tax investigation. But when a taxpayer waits until they are contacted by the government, they lose the element of being the first mover. Needless to say, a seasoned tax lawyer is a valuable asset whenever an examination or investigation is conducted, but being able to help guide the direction of your efforts to come into compliance prior to IRS or state tax intervention is preferable.
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. During the COVID-19 pandemic, our staff are working from home, but have full virtual meeting capability.
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