Were you convicted of a tax-related crime, and you feel that the sentence you were given was unjust? We may be able to help you. You may have received a harsher sentence than what was necessary in your case. The guidelines for the punishment of these types of crimes changed in 1987. The goal was to give a roadmap to judges so that they could sentence by the level of corruption. However, there have been numerous cases of misapplication of such guidelines. You may have been handed a sentence that was detrimental and unfair, and there may be a way to get the sentence reduced or thrown out.
The judge weighs various factors before issuing a ruling. For instance, they will look at your intentions. Did you have an intricate plan and use sophisticated means to carry out the wrongdoing? They also look for a connection to other white-collar crimes. Were you also charged with embezzlement or theft? When there are several crimes together, they are eager to give a harsher sentence than for tax fraud alone. You need to discuss your case with a federal crimes’ appeals attorney immediately.
To contest your sentence, you must understand the laws. Tax evasion is a charge that’s given when a person uses falsification to get out of paying taxes. Additionally, a person can misrepresent income or dependents to collect money that was not warranted. The act must be done willfully and not by mistake. If convicted, an individual can be sentenced for up to five years in prison along with a fine of $250,000. The prosecution must show evidence that the act was done deliberately. Forgetting to file your income tax returns for one year is not tax evasion. However, filing a return with any false information is a crime.
One scenario of tax evasion is that the Internal Revenue Service discovers that the individual hasn’t paid taxes, and there is evidence that they have gainful employment that requires them to file a return. Another example is that a person is using a third party to hide assets and income. When they file their yearly return, they conceal these things so that they don’t have to pay taxes. Some businesses keep money in foreign accounts to hide their wealth too.
When tax fraud involves a corporation, the penalties are more severe. The fines imposed on such a crime can be more than five times the amount for an individual. Such a conviction can be detrimental to any company. Examples of business tax fraud include:
The withholding of income taxes withheld from employees’ paychecks, but the company didn’t send the funds to the IRS.
• Cash Payroll
Rather than paying their staff with checks, some companies try to pay in cash so that there is no record of the transactions. They use this route so they can report a fictitious number to the IRS.
If a company uses a third-party to handle all their payroll, this party is required to submit the payroll tax returns with payment every quarter. If the third party fails to file these returns, then the company is accountable. Though the owners may not have been involved in the scheme, they need to sign the quarterly returns to send them into the government. It’s their job to ensure these returns are filed in a timely fashion.
• Filing Fictitious Payroll Tax Returns
Some employers will file tax returns that don’t have the proper amounts in an attempt to pay less in taxes. If the taxes collected from the employees don’t match the reports sent to the IRS, then it’s tax fraud.
Filing an appeal is not a simple process. Since the tax fraud laws are complicated, you must know how to circumnavigate the waters of your appeal. It takes a skilled legal representative that is assertive and presents concise arguments. We must prove that there were errors in the lower court for the appellate court to even consider your claim. There is also a time frame in which you must file your appeal, and once you miss that deadline, there is nothing else that can be done.