Does IRS prosecute taxpayers who falsified information on tax return and may owe $50,000?

Asked about 1 year ago - Smyrna, GA

Does IRS prosecute only taxpayers who owe significant amount in taxes or the amount does not matter? What is the trial court?

Attorney answers (5)

  1. Paul Rutledge Durr III

    Contributor Level 14

    7

    Lawyers agree

    Answered . The stated position of the IRS is to prosecute any amount of deficiency, but there are minimum amounts that generally are not pursued, and intent is a factor too. 50k is way above the minimum amounts. Federal district court will be the venue. Hire a criminal tax attorney now.

  2. Steven Francis Schroeder

    Contributor Level 11

    6

    Lawyers agree

    Answered . I agree with Mr. Durr. You should immediately seek out a criminal tax attorney to go over the specifics of your case. The criminal investigation division will look at many factors, tax loss is just one factor, intent, multiple year returns having similar issues, etc. all play factors in whether the IRS will prosecute.

    Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, any tax advice contained in... more
  3. Curt Blackburn Thompson II

    Contributor Level 6

    3

    Lawyers agree

    Answered . Yes. Absolutely. Simple as that.

  4. Jeffrey L. Cohen

    Contributor Level 13

    3

    Lawyers agree

    Answered . Although my colleagues are correct that the IRS can and does criminally prosecute this type of case, you need to consider the civil (non-criminal) aspects of the case also. Even if we can get someone out of the criminal area, there are lots of challenges ahead dealing with the Examinations and Collections Divisions. If you will call our office, I can explain in more detail. I would not recommend calling the IRS at all.

  5. Evan A Nielsen

    Contributor Level 18

    3

    Lawyers agree

    Answered . The IRS will pursue any amount that is deficiency if the circumstances are such that they believe it is in the best interest of enforcement and collection. As my colleagues have noted, there are minimums but these are guidelines, not absolutes.

    Good luck.

    Evan A. Nielsen is licensed to practice law in California and handles federal tax matters throughout the U.S. The... more

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