According to a Department of Justice press release, a North Carolina tax professional was indicted on several federal charges related to filing false tax returns for both herself and her clients. As we approach tax filing season, this story should serve as a reminder to taxpayers that the IRS and the Department of Justice will pursue those who are suspected of willfully violating the nation’s tax laws. If you have failed to file a tax return for one or more years or have taken a position on a filed tax return that could not be supported upon audit or criminal tax investigation, it is in your best interest to contact an experienced tax defense attorney to determine the best strategy to come into tax compliance.
Court records reveal that Andrea Marie Pasley was employed at Jones and Stone Taxes, where she assisted in the preparation of clients’ tax returns. Between 2012 and 2017, federal authorities allege that Pasley engaged in a conspiracy to defraud the government by seeking fraudulent tax refunds. Pasley used multiple techniques in an effort to claim refunds including claiming phony deductions, claiming credits for education expenses that weren’t incurred, and even claiming false dependents.
In addition to aiding clients’ tax fraud endeavors, Pasley is accused of falsifying her own return in 2015 by fraudulently claiming a dependent. As a result of such accusations, she is being charged with a count of aggravated identity theft. If Pasley is convicted, she faces up to five years in federal prison on the conspiracy count. If convicted on the aggravated identity theft count, she will be required to serve a mandatory two-year sentence. Finally, if Pasley is convicted of filing a false tax return, she will face up to three years for each count.
Although the defendant in the above story was compensated for some of the allegedly fraudulent work she performed, her situation highlights the seriousness that can result from an IRS examination and investigation. Although the IRS is generally amicable to taxpayers’ attempts to come into compliance, if you wait for them to discover your potential tax misdoings, the outcome can be devastating.
If you have failed to file a tax return for one or more years or have taken an untruthful position on your filed tax return, you should contact an experienced tax defense attorney to determine the best method to get right with the government. Working with your tax lawyer, you will identify all of the pertinent facts of your face, establish a strategy, and execute your plan. Most importantly, while being represented by a seasoned tax lawyer, you won’t have to go up against the IRS 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!
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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