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Strategies for Fighting Tax Evasion Cases After Receipt of IRS Target Letter

March 21, 2024

Strategies for Fighting Tax Evasion Cases After Receipt of IRS Target Letter

Getting a target letter from the IRS can be scary. It likely means you’re under investigation for tax evasion. But don’t panic! There are strategies you can use to fight back. I’ll walk through some key steps to take after getting that dreaded letter in the mail.

What is a Target Letter?

A target letter from the IRS Criminal Investigation division informs you that you’re under investigation for tax crimes. It provides details about the investigation and your legal rights. These letters often request that you voluntarily provide information or schedule an interview with the IRS about your tax returns or business activities. Receiving a target letter means the IRS has evidence suggesting criminal tax violations. But don’t assume you’re doomed – you still have options.

Don’t Ignore It

It can be tempting to stick your head in the sand and pretend the target letter doesn’t exist. Fight that urge! Ignoring the letter won’t make the IRS investigation go away. You need to take action. The IRS may view ignoring the letter as an admission of guilt. And that can lead to an indictment.

Get Legal Representation

Consult with a tax attorney as soon as possible after receiving a target letter. An experienced tax lawyer can advise you on the best legal strategies and represent you through the investigation process. Handling a tax evasion case requires specific expertise. A tax attorney knows how to navigate IRS procedures and negotiate with investigators. Don’t go it alone.

Exercise Your Rights

The target letter outlines your legal rights, including your Fifth Amendment right against self-incrimination. You’re not required to provide potentially incriminating information to the IRS. Politely decline to participate in a voluntary interview. Supply only the records specifically requested in the letter. And have your tax attorney review any information before submitting it.

Request a Proffer Session

A proffer session allows your tax attorney to present your side of the story to prosecutors and try to resolve the case before charges are filed. This is an opportunity to explain extenuating circumstances and show you acted in good faith. If the proffer goes well, they may drop the investigation. But be cautious about what you admit – don’t hand them evidence against you.

Negotiate a Plea Deal

If the IRS moves forward with prosecution, immediately explore plea bargain options. Negotiating a plea deal could help you avoid trial and minimize penalties. But you need experienced legal guidance on the pros and cons. A plea bargain may require admitting guilt and could still carry jail time.

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

File Amended Returns

Filing amended tax returns to correct errors or omissions can demonstrate you’re trying to comply. Pay back taxes and interest owed. This good faith effort could persuade the IRS to be lenient. But consult your tax attorney first – amending returns could actually strengthen their case against you.

Request a Civil Settlement

In some cases, it may be possible to request a civil settlement instead of criminal prosecution. You’ll still have to pay back taxes, interest, and penalties. But the IRS may agree to avoid formal charges if the amount owed is repaid. An attorney can advise if this option makes sense.

Take It to Trial

If you believe you have strong evidence refuting the IRS accusations, you may decide to take your chances at trial. But tax trials are complex and the stakes are high. Work closely with your tax lawyer to evaluate your options. Make sure you understand the risks before rolling the dice.

Explore Legal Defenses

Your tax attorney can raise legal defenses to fight the charges. For example, they may argue you relied on a professional tax preparer’s advice or you had no intent to break tax laws. Other potential defenses include Constitutional violations by the IRS, improper procedures, or lack of evidence.

Don’t Panic

Receiving an IRS target letter is scary. But by taking the right steps, you can mount a strong defense. Consult with an experienced tax attorney, protect your rights, and explore all your legal options. With the right strategic approach, you can resolve your tax evasion case on favorable terms.

References

IRS Criminal Investigation Strategies
IRS Abusive Transactions Process
DOJ Criminal Tax Case Procedures
Reducing the Federal Tax Gap
IRS Priorities on Fraud
DOJ Tax Division Budget

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