Three Taxpayer Scenarios to Use a Criminal Tax Defense


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Going up against the IRS can be a difficult if not impossible task. It has scores of attorneys, auditors, and agents on staff who all know the tax code and have the power to hold you accountable for any taxpayer infraction.

When you want the best chance of resolving your tax matter to your advantage, it may pay you to build a criminal tax defense case. You should create a defense and hire a tax pro to help you with your case if you face any of these three taxpayer situations.

IRS Disputes and Audits

The basis of your criminal defense tax case may boil down to your word against that of the IRS particularly if you are being audited or you plan to dispute what you owe. If you want to contest your tax liability or you have been notified of a tax audit, it is imperative that you hire a tax attorney to help you build a solid and assertive case.

A tax attorney can help you with key matters in your case like:

  • Advising you of the relevant tax code that pertains to your tax matter
  • Communicating with the IRS on your behalf
  • Being present with you during the audit
  • Negotiating a fair and reasonable settlement
More importantly, your attorney will make sure that you are treated fairly and respectfully during the case. You avoid the worry of being harassed, threatened, or mocked.

Offer in Compromise

When you cannot pay what you owe to the IRS, you may want to settle your case by making an Offer in Compromise, or OIC. Before you make an OIC, however, you should retain a tax lawyer who can help you fill out the necessary paperwork, submit your offer, and file proof to back up your claim of being unable to pay.

Your tax lawyer can convey to the IRS that you cannot pay what you owe in a reasonable amount of time, either by paying the debt in full or through an installment agreement. Further, your lawyer can also argue to the IRS that you cannot pay because of circumstances like:

  • Chronic illness
  • Disability
  • Extreme financial hardship like not having a job or recently being terminated
  • Lack of assets or no money left to live on after you pay your tax debt

The IRS may not be willing to accept your OIC if you submit it without the help of a tax attorney. When you want to settle your case without overextending your financial capabilities, you should hire a tax lawyer to help you submit an OIC to the IRS.

Tax Evasion

When you either purposely or inadvertently failed to pay your taxes, you could face charges of tax evasion. Tax evasion is a serious crime that could result in you being heavily fined, having to pay prosecution fees, or even jailed. You also could be publicly humiliated after your name, address, and other details related to your tax evasion charges are published in your local newspaper.

If the IRS is charging you with tax evasion, you must hire a tax attorney immediately to help you. Your lawyer may possibly help you avoid serving jail time and also pay the least amount of fines and penalties possible. Without an attorney to represent you in your criminal defense tax case, you could land in prison and be forced to pay thousands of dollars, if not more, in restitution to the government.

The IRS has the means to hold you accountable for any alleged taxpayer offense. You can avoid unfair prosecution and settle your tax matter to your advantage by knowing when to use a criminal tax defense.

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