(Last Updated On: October 15, 2023)

Last Updated on: 15th October 2023, 09:39 am

Buffalo Tax Fraud Lawyers: Helping Clients Navigate Complex Tax Issues

Dealing with tax fraud charges can be an incredibly stressful and frightening experience. The legal system is complex, and the penalties for conviction are severe. For people facing criminal tax fraud accusations in Buffalo, having an experienced tax fraud defense attorney can make all the difference.

In this article, we’ll take an in-depth look at tax fraud issues specific to Buffalo. We’ll cover common criminal tax violations, penalties, and defenses. We’ll also provide tips on finding the right tax fraud lawyer in Buffalo.

Tax Evasion Charges in Buffalo

Tax evasion refers to illegally avoiding paying taxes by underreporting income, inflating deductions, hiding money offshore, and other schemes. It often involves affirmative acts of fraud and deception. Under federal law, tax evasion carries up to 5 years in prison and a $250,000 fine. New York state penalties can include additional fines and up to 4 years imprisonment.

In recent years, Buffalo tax attorneys have defended clients against tax evasion charges for actions like:

• Failing to report cash income from business activities
• Using a client trust account to hide personal income from the IRS
• Claiming false deductions for personal expenses
• Hiding money in offshore accounts to avoid U.S. taxes

Even if the dollar amounts involved are relatively small, prosecutors often pursue tax evasion charges to “make an example” of people. The government wants to deter others from cheating on taxes. This means Buffalo tax fraud lawyers must build strong defenses even when the tax loss to the government is minor.

Penalties for Tax Evasion

The penalties for tax evasion convictions can be severe. As mentioned above, maximum federal penalties under 26 U.S. Code § 7201 include 5 years in prison and a $250,000 fine. The fine can be increased to $500,000 for corporations or $100,000 for individuals for offenses involving foreign financial accounts.

Under New York Penal Law § 180.15, state penalties include up to 4 years imprisonment and fines up to $10,000 or double the amount evaded, whichever is greater. Prosecutors can pursue federal and state charges at the same time.

In addition to criminal penalties, those convicted of tax evasion face civil fines up to 75% of the unpaid tax plus interest and repayment of taxes owed. The IRS will file tax liens and levy assets to recover unpaid taxes.

Common Defenses Against Tax Evasion Charges

Skilled Buffalo tax fraud attorneys deploy a range of defenses to fight tax evasion charges, such as:

• Lack of intent – Prosecutors must prove you intentionally violated tax laws. Evidence showing a good faith misunderstanding can defeat charges.
• Reliance on a tax professional – Reasonably relying on an accountant or tax preparer can negate intent in some cases.
• Statute of limitations – Tax charges must be brought within 6 years of the alleged crimes absent special circumstances.
• Suppression motions – Illegally obtained evidence may be excluded from trial.

An experienced tax fraud lawyer will thoroughly examine the facts of your case to determine the best defenses.

Other Buffalo Tax Crimes

In addition to willful tax evasion, Buffalo tax attorneys commonly defend clients against other federal and New York tax crime accusations, such as:

Failure to File a Tax Return

It’s a felony under federal law to willfully fail to file returns, punishable by up to 1 year in prison and fines. Even if it’s not willful, failing to file is a misdemeanor. Defenses focus on showing no intent or reasonable cause for failure to file.

Filing a False Tax Return

Intentionally filing a false tax return is a felony under 26 U.S. Code § 7206. It carries up to 3 years imprisonment and a $250,000 fine. As with tax evasion, prosecutors must prove intent to defraud.

Employment Tax Crimes

Trust fund recovery penalties, failure to pay payroll taxes, worker misclassification, and other employment tax issues can also lead to criminal charges. Buffalo tax attorneys assist with negotiating resolutions or contesting the allegations in court.

Identity Theft

Using a stolen Social Security number or taxpayer ID to file tax returns and claim fraudulent refunds is charged under identity theft statutes. These carry potentially lengthy prison sentences requiring an aggressive defense.

Finding the Right Buffalo Tax Fraud Lawyer

Facing criminal tax charges is frightening. Your liberty, finances, and reputation are on the line. Therefore, it’s critical to have an experienced Buffalo tax fraud lawyer fighting for you.

When researching tax attorneys, look for these important qualifications:

• A proven track record of positive results in tax cases
• In-depth knowledge of federal and New York tax laws and procedures
• Willingness to fight the charges at trial if warranted
• Ability to negotiate alternative resolutions with prosecutors when appropriate
• Skill at communicating complex tax issues in easy to understand language
• A caring, compassionate approach to clients and their families

Also, make sure any lawyer you consider has substantial experience specifically with criminal tax defense. Many tax attorneys handle only civil tax controversies and audits, not criminal matters. It’s essential to have a lawyer knowledgeable in dealing with prosecutors and fighting tax crime indictments.

The tax fraud attorneys at [Law Firm Name] combine deep tax law expertise with a proven record of favorable outcomes for clients facing tax evasion and other tax crime charges in Buffalo. Contact us today for a free consultation to discuss your case.

What to Do If You’re Under Tax Crime Investigation

Learning you’re under investigation for tax fraud is unnerving. However, taking quick action can help protect your rights. Here are important steps to take:

1. Politely decline to answer any questions from IRS agents or investigators. You have the right to remain silent.
2. Hire an experienced Buffalo tax fraud lawyer as early in the process as possible. Your attorney can deal with investigators on your behalf.
3. Follow your lawyer’s advice about responding to subpoenas or other information requests.
4. Don’t destroy or alter any financial records, as this can lead to obstruction charges.
5. Begin gathering records that may aid your defense, such as communications with tax preparers.
6. Ask your lawyer about strategies for negotiating a favorable resolution when appropriate.

With an experienced Buffalo tax crime lawyer guiding you, you can effectively exercise your rights and build the strongest possible defense.

The Tax Fraud Lawyers at [Law Firm Name] Can Help

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If you’re under investigation or have been charged with tax evasion, filing a false return, or other tax crimes, we can help. Our skilled Buffalo tax fraud attorneys will thoroughly evaluate the government’s evidence, identify weaknesses, and build the strongest possible defense for trial. We have an excellent track record of achieving favorable outcomes for clients facing tax crime accusations.

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Frequently Asked Questions

What should I do if I’m under investigation for tax fraud in Buffalo?

If contacted by IRS criminal investigators or informed you’re under investigation, politely decline to answer questions and immediately contact an experienced Buffalo tax fraud lawyer. Follow their advice about responding to subpoenas and document requests. Begin gathering financial records and communications with tax preparers that may aid your defense.

What are common tax evasion schemes prosecuted in Buffalo?

Failing to report cash business income, hiding money in offshore accounts, improperly deducting personal expenses, and using client trust accounts to conceal income are some tax evasion methods we’ve seen prosecuted in Buffalo. Any intentional acts to illegally avoid paying taxes can lead to charges.

What should I look for in a Buffalo tax fraud defense lawyer?

Seek an attorney with extensive experience specifically defending tax crime cases, not just civil tax disputes. They should have deep knowledge of federal and New York tax laws, be willing to take cases to trial if warranted, and have a proven record of positive outcomes for clients.

What are the penalties for tax evasion in Buffalo?

Maximum federal penalties are 5 years imprisonment and a $250,000 fine. New York state penalties can add up to 4 more years and additional fines. Prosecutors often pursue both federal and state charges for tax evasion. Civil fines and repayment of taxes owed are additional penalties.

Can I avoid jail for tax crimes in Buffalo?

In some cases, an experienced tax fraud lawyer can negotiate alternatives to incarceration like probation, home confinement, or reduced charges. But there are no guarantees. The best way to avoid jail is having an aggressive defense ready for trial.

Should I accept a plea bargain or go to trial for tax evasion charges?

This is an important strategic decision that requires careful consideration of the evidence and potential penalties. An experienced Buffalo tax attorney will help analyze your options and recommend the best course of action.

What is the statute of limitations on tax crimes in Buffalo?

Generally, federal tax charges must be brought within 6 years of the alleged crime, though exceptions can extend the statute of limitations. New York’s statute is 6 years for felonies and 2 years for misdemeanors. Relying on the statute of limitations is a common defense strategy.

Can I negotiate a settlement with IRS instead of facing criminal charges?

In some cases, it may be possible to reach a civil settlement with the IRS instead of facing criminal prosecution. An experienced tax fraud attorney can advise you on whether civil resolution is an option and negotiate with the IRS on your behalf.

Should I try resolving tax charges myself without a lawyer?

No. Tax crimes carry severe penalties, so mounting the strongest possible defense is critical. An experienced tax fraud lawyer knows how to identify weaknesses in the government’s case, build defenses, negotiate when beneficial, and take your case to trial if needed.

What should I do if I’m convicted of tax evasion in Buffalo?

Do not panic. Even after conviction, all legal options are not necessarily exhausted. Your Buffalo tax fraud attorney can advise you on post-conviction motions, appeals, sentence reductions, and other strategies to help mitigate penalties. Be sure to discuss all possible options.

Can I go to jail for not paying taxes I just can’t afford?

Simply owing back taxes is not a criminal offense. But intentionally evading taxes through fraud or deception can lead to prosecution. If you’re behind on taxes, consulting a tax attorney on setting up a payment plan or other resolution is recommended.

What is the burden of proof for tax crimes?

Federal prosecutors must prove each element of tax evasion or fraud charges beyond a reasonable doubt. This high standard is to your advantage. Your lawyer can exploit any weaknesses in the government’s case to show reasonable doubt.

Get Experienced Legal Help Defending Tax Fraud Charges

Get experienced legal help fighting back. The skilled tax fraud attorneys at [Law Firm Name] have decades of experience successfully defending clients against tax evasion, filing false returns, employment tax, and other criminal tax charges in Buffalo. We have an in-depth understanding of federal and New York tax laws and have achieved many favorable case results for our clients facing IRS prosecution.

If you are being investigated or have been indicted for tax crimes, contact us for a free consultation. We will thoroughly review your case, identify weaknesses in the government’s evidence, and build the strongest possible defense. Our aggressive representation has resulted in reduced charges, avoided jail time, and dismissal of tax fraud accusations for many of our past clients.

Don’t leave your fate to chance. The tax crime defense lawyers at [Law Firm Name] have the skills and experience to protect your rights. Call us at [phone number] or contact us online to schedule a free, confidential case assessment.

More Information on Buffalo Tax Fraud Defense

Proving Criminal Intent is Key

For tax evasion, filing a false return, and other tax crimes, prosecutors must prove you acted with criminal intent – in other words, that you knew your actions were illegal but proceeded anyway. Absent direct evidence of intent, the government often tries to show it circumstantially. But an experienced Buffalo tax fraud attorney can frequently defeat charges by preventing the prosecution from proving intent beyond a reasonable doubt.

Avoiding Jail Time is Possible

Although maximum penalties allow multi-year prison sentences, our skilled lawyers have frequently negotiated alternatives to incarceration like probation, home confinement, or reduced charges that avoid jail time. While there are no guarantees, an aggressive defense makes avoiding prison more likely.

You Have the Right to Remain Silent

Never speak with IRS criminal investigators without your lawyer present. Anything you say can and will be used against you. Let your experienced tax fraud attorney handle all interactions with investigators on your behalf.

For more information on defending tax charges in Buffalo, contact our skilled tax crime lawyers online or call [phone number] to schedule your free case evaluation.