Bankruptcy Fraud
We will defend your rights against powerful interests.
Alexandria Tax Violation Defense Lawyers
Helping Clients in Virginia Understand U.S. Tax Evasion Laws
Calculating and paying your taxes can be a complicated process, especially if you run a business or have experienced a change in your finances over the past year. While it is not uncommon to make a mistake, sometimes certain errors can lead to serious criminal charges pursued by the Internal Revenue Service (IRS).
If you or a loved one is being accused of tax evasion or tax fraud in Virginia or Washington D.C., Bynum & Jenkins Law is dedicated to helping you avoid conviction or serving harsh criminal penalties, like a federal prison sentence. Our Alexandria tax fraud defense attorneys have a comprehensive understanding of the complexities of U.S. tax rules and regulations to guide you through the legal process and obtain the justice you deserve.
Are you facing a tax violation? Call Bynum & Jenkins Law today at (703) 537-5522 or contact us online to schedule a meeting with one of our tax violation defense attorneys in Alexandria!
Schedule A Free Initial Consultation
What is Tax Evasion?
Tax evasion, also known as tax fraud, means intentionally attempting to defraud the IRS or evade tax law by failing to report your income, reporting less than you earned, hiding money in bank accounts in other countries, underreporting the value of your assets, improperly claiming tax deductions, or otherwise making false or fraudulent claims on your taxes. To be convicted of tax evasion or fraud, the prosecution must prove that you intentionally committed the crime.
Common Types of Tax Evasion
Common examples of tax fraud include:
- Falsifying documents
- Claiming personal expenses as business expenses
- Hiding, transferring, or understating income
- Concealing assets
- Paying employees in cash to avoid being subject to payroll taxes
- Falsely claiming or inflating charitable donations
What Are the Penalties for Tax Evasion?
Tax evasion is a serious crime that can result in severe penalties, including fines, imprisonment, and other consequences. The penalties for tax evasion depend on the case’s specific circumstances, including the amount of tax evaded, the number of years involved, and whether the taxpayer made any efforts to conceal the evasion.
In general, the penalties for tax evasion may include the following:
- Civil Penalties: Taxpayers who have committed tax evasion may be subject to civil penalties, including fines, interest charges, and other fees. These penalties may be imposed in addition to any criminal penalties.
- Criminal Penalties: Tax evasion is a federal crime, and those convicted may face significant criminal penalties. These penalties may include fines of up to $250,000 for individuals, up to $500,000 for corporations, and imprisonment for up to five years. In addition, the court may order the defendant to pay restitution to the IRS for the taxes owed.
- Loss of Professional Licenses and Certifications: Tax evasion convictions can also result in the loss of professional licenses and certifications, including licenses to practice law or medicine, securities licenses, and other professional designations.
- Damage to Reputation: Tax evasion charges can also significantly impact a person’s reputation and stand in the community. A conviction for tax evasion can result in social stigma, damage to business relationships, and other consequences.
In addition to these penalties, taxpayers who have committed tax evasion may also be subject to increased scrutiny from the IRS. This can result in additional audits, penalties, and other consequences.
How To Defend Against Tax Violation Charges
While every case is unique, some common defenses against tax violation charges may include:
- Lack of Intent: One powerful defense against tax violation charges revolves around proving the absence of intent to evade taxes willfully. Demonstrating that any discrepancies or errors were unintentional can significantly impact the result of your case. We can analyze the details surrounding your tax affairs to build a compelling defense based on the lack of intent.
- Documentary Evidence: We can gather and present documentation supporting the argument that any errors or discrepancies in your tax filings resulted from oversight rather than a deliberate attempt to evade taxes.
- Insufficient Evidence: A cornerstone of any defense strategy is challenging the sufficiency of evidence presented by the prosecution. We can scrutinize every piece of evidence to identify weaknesses and gaps that can be exploited to create reasonable doubt.
- Cross-Examination of Witnesses: Through rigorous cross-examination, we can look to expose inconsistencies in the testimony of witnesses presented by the prosecution, weakening their case and bolstering your defense.
- Procedural Errors: From improper documentation to errors in the investigative process, we can review every aspect of your case to uncover procedural flaws.
- Chain of Custody Challenges: If evidence has not been properly handled or documented throughout the investigative process, we can challenge its admissibility, raising doubts about its authenticity.
- Constitutional Violations: Any violations of your constitutional rights during the investigation or arrest phase can be pivotal. We can observe procedures to ensure that your rights are not infringed upon.
- Negotiation and Plea Bargaining: In some cases, a strategic negotiation or plea bargain may be the most effective course of action.
