(Last Updated On: October 19, 2023)Last Updated on: 19th October 2023, 12:09 pm
Bronx Tax Evasion Fraud Lawyers: Your Guide to Fighting Tax Evasion Charges
Dealing with tax evasion charges in the Bronx? Don’t panic. You have options. And the right New York tax fraud attorney can help.
But where do you start? Who do you call? What defenses can you use? And what are the risks if you’re convicted?
This article will give you a crash-course on fighting Bronx tax evasion charges. I’ll explain:
- The most common tax evasion charges in the Bronx
- What makes these cases so complicated
- Smart strategies used by experienced NY tax fraud lawyers
- How the right attorney can defend you
- What to expect if you lose your case
Let’s dig in…
Most Common Tax Evasion Charges in the Bronx
There are lots of ways to run afoul of IRS rules. But in the Bronx, a few tax crimes stand out:
Failure to File a Tax Return
You must file a federal income tax return every year by April 15th. Even if you don’t owe any tax. Otherwise, you could face charges for failure to file a tax return under 26 U.S. Code § 7203. This misdemeanor can lead to 1 year in prison and $25,000 in fines.
Tax Evasion
Intentionally trying to avoid paying taxes is considered tax evasion under 26 U.S. Code § 7201. It’s a felony with up to 5 years in prison and fines up to $250,000.
False Statements on a Tax Return
Lying on your tax return – underreporting income, inflating deductions, hiding money offshore, etc. – is a felony under 26 U.S. Code § 7206. Penalties can include 3 years imprisonment and $250,000 in fines.
Why Are These Cases So Complicated?
On the surface, tax crimes seem straight-forward. But in reality, they’re nuanced and complicated. Here’s why:
- Tax rules are complex. The tax code is over 74,000 pages long!
- Proving intent is tough. Did you make an honest mistake? Or intentionally break the law?
- You may have been poorly advised. Bad tax prep can lead to inadvertent violations.
- Records can be incomplete. IRS audits often happen years later.
- Penalties seem disproportionate. Even minor errors can lead to criminal charges.
That’s why having an experienced NY tax attorney is so crucial…
Smart Strategies Used by Tax Evasion Lawyers
Skilled NYC tax fraud lawyers have many tools at thier disposal. For instance, they may:
- Negotiate with prosecutors for reduced charges
- Challenge the admissibility of damaging evidence
- Argue you tried to comply but made a mistake
- Claim your violations were not “willful”
- Help you correct and pay back taxes
- File amended tax returns
Let’s explore some of these in more detail…
Negotiating Lesser Charges
In some cases, prosecutors may agree to reduce charges in exchange for a guilty plea. This can help avoid felony convictions or jail time.
For example, your attorney may bargain failure to file down to a misdemeanor. Or get tax evasion dropped to a civil violation with only financial penalties.
Suppressing Evidence
If evidence was obtained illegally, your lawyer can file a motion to suppress it. This could exclude incriminating documents, statements, or other proof.
For instance, if the IRS searched your home or office without a warrant, those records may be barred from your trial.
Arguing You Tried to Comply
Most tax crimes require prosecutors to prove you “willfully” broke the law. Your lawyer can argue you tried to comply, but made mistakes or were confused by complex rules.
While ignorance of the law is no excuse, good faith efforts to follow it can sometimes avoid convictions.
Correcting Past Returns
In some cases, you may be able to file amended returns and pay back taxes. This shows you’re trying to comply and correct innocent errors.
While not a silver bullet, it can demonstrate good faith and cast doubt on willful intent.
How Can a Tax Attorney Defend You?
If you do face charges, skilled NYC tax fraud lawyers will thoroughly investigate your case and build a defense. Here are some of their most effective tactics:
- Audit the audit – Closely examine the IRS’s methods to find errors.
- Challenge the evidence – File motions to suppress illegally obtained proof.
- Dispute the amounts owed – Argue the IRS miscalculated what you owe.
- Raise doubt – Question assumptions and ambiguities that weaken the prosecution’s case.
- Cite precedents – Use past court rulings to support your defense.
- Negotiate plea deals – Work out deals to reduce charges and penalties.
In addition, a knowledgeable tax fraud lawyer will advise you about your Fifth Amendment right against self-incrimination.
Anything you say to the IRS can and will be used against you. So it’s usually smart to keep quiet until you have expert legal advice.
What If You Lose Your Case?
Hopefully your tax attorney can get your charges reduced or dismissed. But you need to know the risks if you lose at trial.
For misdemeanors like failure to file, expect up to 1 year in jail and $25,000 in fines. For tax evasion or false statement felonies, penalties can be up to 5 years imprisonment and $250,000 fines.
You’ll also owe back taxes plus interest and penalties. And you’ll have a criminal record that can affect your finances, career, and reputation for years to come.
Finding the Right Bronx Tax Evasion Lawyer
As you can see, the stakes are high when facing tax crime charges. So it’s critical to have an experienced tax fraud attorney on your side.
When choosing a lawyer, look for these important qualifications:
- 10+ years handling IRS tax cases
- Knowledge of federal and NY state tax codes
- Experience as a former IRS prosecutor
- Record of favorable verdicts and settlements
- Affordable flat fees and payment plans
Also, make sure you feel comfortable with your attorney’s style and personality. You need someone who will fight aggressively for you.
Act Fast to Protect Your Rights
If you’ve been charged with tax crimes in the Bronx, you need legal help immediately. The longer you wait, the harder it may be to build an effective defense.
Don’t try to handle this alone. The IRS and prosecutors know the system inside-out. You need an expert NY tax fraud lawyer on your side.
So pick up the phone now and schedule a free case evaluation. An experienced tax attorney can devise a customized strategy to resolve your situation. Don’t gamble with your future. With the right legal help, you can move forward and put this behind you.
Citations
26 U.S. Code § 7203 – Willful failure to file return, supply information, or pay tax
26 U.S. Code § 7201 – Attempt to evade or defeat tax
26 U.S. Code § 7206 – Fraud and false statements