Tax preparer fraud

wondering if most tax preparer cases that are prosecuted by ausa's are cases in which the charges leveled against the defendant are offenses from title 26?

Cleveland, OH -

Attorney Answers (3)

Ronald Lee Burdge

Ronald Lee Burdge

Fraud Lawyer - Dayton, OH

More info/background is needed to fully answer your inquiry. But in the process of talking about what might be fraud, be sure to keep all the info you give stated in the abstract. Don't say "I" did this or that, etc. Make your inquiry a hypothetical "what if" kind of statement and give all the info that you think even might be needed to understand the situation and then state your question, plain and simple. And try not to use the word "crime" but just ask if it is legal or not. Discussing potential criminal charges or penalties at online forums can be risky. If your concern is about potential criminal issues, then you should not talk about it on the internet at all. Instead you should talk to a criminal law lawyer near you, right away. Many investigators now check social media and Q&A websites when they are investigating a possible defendant, looking for questions that may indicate possible guilt or damaging admissions that can be gleaned from questions posted online. I do not know what your circumstance is or if you are inquiring only generally or perhaps for another person who was wondering. Regardless, you should talk to a local criminal law attorney near you right away. Reading this free online Avvo Legal Guide may help you understand general concepts of Fraud, What is Fraud,, but it is no substitute for sitting down with an attorney and going over your situation carefully. You need to talk to a local Criminal Law attorney who deals with this kind of case. Call your local attorney's Bar Association and ask for a referral to a Criminal Law attorney near you. If you can not afford an attorney then you should tell them and ask for a public defender (it may be called something else in your particular state). If this answer was helpful, please give a “Vote Up” review below. And be sure to mark which answer you think was the best so we can all be sure we are doing good work. Thanks for the question and good luck.

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John A. Streby

John A. Streby

Fraud Lawyer - Flint, MI

Your question is very hard to answer as I'm unclear as to what you're hoping to find out. I assume that title 26 is the Internal Revenue Code (but I could be wrong on that). Tax preparers who conspire with taxpayers to file fraudulent returns can be prosecuted. Could you refine your question so that other AVVO members and I can better answer it? Please relate your question to your own situation so that we can meaningfully address it.

Curtis Lamar Harrington Jr

Curtis Lamar Harrington Jr

Tax Fraud / Tax Evasion Attorney - Long Beach, CA

From talking with CID when I've invited them to lecture, my own personal impression is that monetary collection is far from their concern when working a case. They would like to have a small money case where the cheater is a movie star, OR they would like to have a HUGE money case where the cheater is rich enough to know better.

Remember, one preparer who does 1000 returns has the work effort involved in making a federal case of 1000 cases unless a clear pattern emerges.

Putting it another way, IRS wants to see a "well known" head on a very high pike. They are not interested in threatening to provide economic change.

New preparers must complete their exams by end of 2013 and this is the main way that the Head of the Office of Professional Responsibility will begin to "go after" preparers ----- by eliminating them from eligibility to prepare returns......

The world will look quite different in 2015, looking back to 2014.

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Curt Harrington
Certified Tax Specialist -- State Bar of California Board of Legal Specialization
Electrical-Chemical-Mechanical Patent (Intellectual Property) Attorney
(562) 594-9784
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Curt Harrington Patent & Tax Law Attorney Certified Tax Specialist by the California Board of Legal... more

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