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According to a Department of Justice press release, a Louisiana man was recently sentenced to serve 40 months in federal prison after pleading guilty to knowingly filing false tax returns. This story should serve as a reminder to taxpayers who have fallen out of compliance with federal or state tax laws that even amid the COVID-19 pandemic, tax agencies, investigators, and prosecutors are still working to enforce the tax laws. 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 examination, it is in your best interest to contact an experienced tax defense attorney to discuss your options to come into compliance.
This posting is an update to a story that we brought our readers earlier this year. As a part of that story, we shared that Robert Poimboeuf, 57, of Shreveport, partially owned and operated D&G Holdings, LLC. D&G was a laboratory company that specialized in the medical field.
Prosecutors alleged that between 2011 and 2015, Poimboeuf caused false federal tax returns to be filed relating to gross receipts that he earned from the business. Although he did not file the tax returns himself, Poimboeuf provided knowingly false information to his tax preparers and even took steps to conceal income from them by intentionally concealing the existence of several bank accounts. Additionally, the defendant attempted to disguise business receipts that he received as non-taxable loans. The government argued that Poimboeuf’s illegal activity resulted in a tax loss of nearly $2 million to the IRS.
In addition to being sentenced to serve over three years in federal prison, Poimboeuf was ordered to serve one year of supervised release upon the completion of his physical incarceration. Lastly and as expected, the defendant was ordered to pay $1,904,477 in restitution to the IRS, representing the federal tax loss that he caused.
As the defendant in this case has learned, there is an important difference between taking legal and well-reasoned steps to reduce a tax liability and blatantly providing incomplete or falsified information to a tax preparer who is under the impression that a complete set of books and records has been provided. Such criminal activity risks the taxpayer’s livelihood, but also that of the unknowing tax preparer.
If you have failed to live up to your legal tax obligations, whether that be filing a timely return annually or providing only factual and true information on filed tax returns, it is in your best interest to resolve the matter before the IRS or state tax authority examines your return or initiates a criminal investigation for intentional violation of the tax laws. An experienced tax defense attorney is a valuable resource in coming into tax compliance. Working with your tax lawyer, you will set out the pertinent facts of your situation and come to an agreement as to the best strategy to get right with the government.
Note: As long as a taxpayer that has willfully committed tax crimes (potentially including non-filed returns coupled with affirmative evasion of payment) self-reports the tax fraud (including a pattern of non-filed returns) through a domestic or offshore voluntary disclosure before 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, Kovel CPAs 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 particular 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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