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According to a Department of Justice press release, a North Carolina technology professional was recently indicted on six charges of tax evasion after allegedly failing to pay taxes for over six years. The story serves as a warning for taxpayers who have failed to properly report and pay taxes on their earned income. If you have failed to file a tax return for one or more years, or have filed a tax return with knowingly false information, it is in your best interest to contact an experienced tax defense lawyer to determine the best strategy to bring you into tax compliance without facing criminal tax prosecution.
Court records reveal that Darren Lee Joy, 63, of Charlotte, North Carolina, earned substantial wages between tax years 2015 and 2020. Federal prosecutors allege that despite earning more than $750,000 during those years, the defendant filed false forms W-4 in an attempt to persuade his employers to withhold little-to-no federal income taxes from his paychecks. Federal prosecutors allege that the defendant's phony forms W-4 contended that he was not subject to federal income tax.
If the defendant is convicted, he faces up to five years in federal prison for each count of tax evasion and an additional year in prison for each count of failing to file a tax return. Additionally, the defendant may be ordered to serve a period of supervised release to commence upon the completion of any physical incarceration. Lastly, if convicted, the defendant will likely be ordered to pay restitution to the IRS, representing the total amount of tax loss caused by his allegedly illegal activity.
It is a common misconception among some taxpayers that acts of tax evasion, such as fraudulently misleading employers to not withhold federal income tax, is a relatively undetectable offense. Said differently, many tax offenders believe that they are a small fish in a large pond. While this may have been true in past decades, the IRS has employed sophisticated data analytic technology to help them catch those who willfully violate federal income tax laws. Thus, for many Americans who are currently engaging in willful tax non-compliance, it is not a matter of if they are caught, but a matter of when.
If you have failed to file a federal income tax return for one or more years, or have filed a tax return that contains information that you know to be false, it is in your best interest to consult with a seasoned tax attorney to determine the best route to get right with the government. Generally speaking, taxpayers experience better outcomes when they attempt to rectify past tax non-compliance when compared to waiting for the IRS to discover their potentially illegal activity. Together, you will work with your experienced tax attorney to understand the pertinent facts of your case. Next, you will mutually agree on the next steps to bring you into income tax compliance. while you are being represented by a tax attorney, you will not have to go up against the IRS or Department of Justice alone.
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!
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.
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.
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