According to a Department of Justice press release, a former Florida business owner was sentenced to 18 months in federal prison after pleading guilty to tax evasion. Taxpayers who have failed to file a tax return for one more year, or have filed a income tax return containing false information should assess their level of exposure and contact an experienced tax defense attorney to come into income 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.
We first brought you the story of the charges against Alejandro Gomez earlier this year. If you recall, the defendant, Alejandro Gomez, of Broward County, Florida, was the owner and operator of Fleishmann’s Produce, an importer of fresh herbs. In 2014 and 2015, Gomez personally incurred gambling costs of $896,951 and $1,051,213, respectively. Although gambling expenses are generally only deductible to the extent of gambling winnings, Gomez instead reclassified his gambling expenditures as cost of goods sold, thereby effectively reducing his taxable income. As his company’s true income was false, Gomez’s personal income tax returns failed to reflect the true amount of income that he earned. The IRS and Department of Justice estimate that Gomez’s actions caused a tax loss of more than $545,000.
In addition to being sentenced to serve a year and a half in federal prison, Gomez was ordered to serve one year of supervised release commencing upon the completion of his physical incarceration. As a part of the terms of Gomez’ plea agreement with federal authorities, he agreed to pay $545,205 in restitution to the IRS, representing the tax loss that he caused.
Taxpayers who own businesses sometimes feel the urge to get creative with items of income and deduction on their annual tax returns. Although a level of tax planning is both legal and an effective way to mitigate a high tax bill, fraudulently misrepresenting income or business expenses is simply illegal. As the defendant in the story above learned, there can be severe consequences to income tax fraud.
If you have failed to file a tax return for one or more years or have filed a false tax return for one or more years, it is in your best interest to contact an experienced tax defense attorney to discuss your options to get right with the government. First, you and your seasoned tax attorney will establish the pertinent facts of your case. Then, you will jointly determine the best route to bring you into income tax compliance. All the while, 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!
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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