Tax evasion is the act of intentionally defrauding the government of your tax obligation, either by underreporting your income or refusing to pay the balance of what is owed. In such situations, you could face criminal charges that carry steep penalties.
If you have been accused of fraud, a Baltimore tax evasion defense lawyer may be able to help. You have the right to fight these charges—many ultimately prove that they have done nothing wrong. Instead of trying to resolve these issues on your own, consider discussing your options with a dedicated tax attorney.
To prove that you have committed tax fraud, the government must establish three separate elements. If you can show that even one of these does not apply, you could avoid a conviction for tax evasion.
First, prosecutors have to prove that you owe a tax obligation. While there is rarely a dispute that you owe some money, the amount of your obligation is often central to these disputes. An allegation of fraud might result from your belief that your tax bill should be less than what the government claims.
The second step is showing that you intended to evade this obligation. Intent is a critical part of the crime, as someone cannot accidentally commit tax evasion. If you made an honest mistake or miscalculation, you have not committed fraud.
The final element is that there must be a willful act designed to further your intent to defraud the government. Instead of simply planning to evade your tax obligations, which is not enough for a conviction, you must have taken active steps toward that goal. This factor is often the most difficult to litigate and negotiate with the Internal Revenue Service or the Department of Justice.
Prosecutors face a high burden of proof when investigating tax evasion charges. Instead of assuming that a conviction is guaranteed in your case, work with a Baltimore tax evasion attorney to hone your defense.
Despite the seriousness of these charges, the reality is that allegations of tax evasion are often defensible. A Baltimore tax evasion attorney could help identify the strongest possible strategy for each case.
There are times when tax issues result from an error within the IRS. IRS representatives are humans, and humans make errors. If your obligation was miscalculated or the law surrounding your deductibles was misinterpreted, you could make the case that there was no underpayment.
As a key aspect of tax evasion is intent, prosecutors must show evidence that you intentionally took steps to avoid paying what you owed. If you made an honest mistake regarding your tax debts, you have not necessarily committed a crime.
Tax evasion is only a crime when you intentionally act to defraud the government. You do not have the necessary intent to be guilty of a crime if your actions were only due to coercion or duress. If you were forced to violate the law under fear of physical harm or some other threat, you could use that as a defense.
Allegations of tax evasion are serious, but they do not have to change your life. It is often possible to work out a resolution with the government that avoids impacting your criminal record.
Dealing with the IRS alone is a risky endeavor. Instead, give yourself a chance at success by speaking with a Baltimore tax evasion defense lawyer today. Whiteford Tax Defense is the only criminal tax lawyer in the area, and we are ready to discuss your tax debt during a private consultation.