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Lawyers for false tax return penalty

Facing False Tax Return Penalties? Our Lawyers Can Help

You filed your taxes, thinking everything was in order. But now, you’ve received a notice from the IRS claiming you filed a false tax return. Your heart sinks as you read about potential fines and even jail time for tax fraud. What do you do?? Don’t panic – Spodek Law Group is here to fight for you.With decades of experience defending clients against false tax return charges, we know exactly how to navigate these treacherous waters. Having a skilled tax fraud defense lawyer in your corner could mean the difference between a burdensome penalty and no penalty at all. So take a deep breath, give us a call at 212-300-5196, and let’s get started on your defense strategy.

What Constitutes a False Tax Return?

Let’s start with understanding exactly what the IRS means by a “false” tax return. It’s not just a case of making an honest mistake or two on your 1040 form. No, the IRS reserves the “false return” designation for cases where there is evidence of willful fraud or intentional evasion of taxes owed.Some common examples of actions that could lead to false tax return charges include:

  • Underreporting income (from a job, business, investments, etc.)
  • Overstating deductions, credits or expenses
  • Keeping two sets of books to hide income
  • Making false entries or altering records
  • Claiming personal expenses as business deductions
  • Hiding or transferring income to offshore accounts

The key factor is intent. The IRS has to prove you knowingly and intentionally tried to underpay your taxes, not that you simply made careless errors. But proving intent is no easy feat, which is why you need an experienced tax fraud lawyer to poke holes in the prosecution’s case.

Penalties for False Tax Returns Are No Joke

If convicted of filing a false tax return, the penalties can be pretty harsh – we’re talking potential jail time of up to 3 years plus fines of up to $100,000 for individuals ($500,000 for corporations). And that’s just for federal charges; many states also have their own tax fraud laws with additional penalties.The IRS can also require you to pay back taxes, interest, and civil penalties like the 75% civil fraud penalty. All told, a false tax return conviction could easily bankrupt you and destroy your reputation.That’s why you can’t afford to take these charges lightly. Hiring a top tax fraud defense lawyer is crucial to avoid or minimize the potential fallout. Our legal team at Spodek Law Group has successfully defended numerous clients against IRS allegations of tax fraud and false returns. We know all the tactics prosecutors use and how to counter them effectively.

Client Success Story: One of our clients, let’s call him John, was accused of underreporting over $500,000 in income from his small business over a 3-year period. The IRS claimed he intentionally kept two sets of books to hide cash payments. John was looking at up to $300,000 in fines and 9 years in prison if convicted on all counts.Our lawyers carefully reviewed all the financial records and documentation. We were able to show that the discrepancies were due to sloppy bookkeeping, not intentional fraud. John had simply failed to properly track and report some cash payments, but there was no evidence he meant to evade taxes. In the end, we got the felony charges dropped to a misdemeanor, with John only having to pay back taxes plus a 20% negligence penalty – avoiding any jail time or felony conviction.

Christine Twomey
Christine Twomey
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
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
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
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
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
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
Very professional, very transparent, over all a great experience
Bee L
Bee L
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
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.

Defenses Against False Tax Return Charges

So how do we go about defending clients like John against accusations of filing false returns? By utilizing all available defenses and attacking every element of the prosecution’s case. Some of the key defenses we employ include:

Lack of Willfulness
As mentioned, the IRS must prove you acted willfully with intent to evade taxes. If we can show you made mistakes due to negligence, ignorance of the law, reliance on a tax professional’s advice, or other non-willful reasons, it undermines their entire case.

Inadequate Records
The IRS’ allegations may be based on incomplete or inaccurate information about your true income and expenses. We’ll work to obtain and present all documentation to show your reported numbers were reasonable.

Selective Prosecution
In some cases, we may be able to show the IRS singled you out for prosecution while ignoring similar situations, violating your constitutional rights to equal protection.

If an IRS agent or other government operative induced you to file a false return through coercion or other improper tactics, we can claim entrapment as a defense.

Statute of Limitations
The IRS only has 6 years to charge you with filing a false return. If the allegations relate to returns older than that window, we can get the case dismissed.Every case is unique, so we carefully analyze all facts and circumstances to determine the best defense approach. Our goal is always to get charges dropped entirely. Failing that, we’ll fight to have felonies reduced to misdemeanors and minimize any fines or jail time.

Why Hire Spodek Law Group for Your Tax Fraud Defense?

When your finances, freedom and future are at stake due to tax fraud allegations, you need to bring in the big legal guns. And Spodek Law Group has an arsenal of skilled tax fraud defense attorneys ready to battle for you, including:

  • Former IRS Agents & Prosecutors: Our team includes lawyers who used to work for the IRS and Department of Justice, giving us an insider’s view into how they build cases.
  • Certified Public Accountants: We have CPAs on staff to scrutinize financial records and identify any errors or alternative interpretations that could counter allegations.
  • Aggressive Litigators: Our courtroom lawyers are relentless in poking holes in the prosecution’s arguments and fighting for dismissals or reduced charges.
  • Stellar Reputation: With over 50 years of combined experience, we’ve earned a reputation as one of the nation’s premier tax fraud defense firms. The IRS knows we mean business.
  • Personal Service: We limit our caseload to provide each client with hands-on attention from senior attorneys, not paralegals or associates. Your case matters to us.

But don’t just take our word for it – read what some of our past clients had to say:

“When the IRS came after me for tax evasion, I was terrified of going to jail. The Spodek team got the charges dropped by showing my underpayments were due to negligence, not fraud. I’m forever grateful.” – Robert M.

“After being charged with filing false corporate returns, I figured I was going to prison. But the lawyers at Spodek Law Group found issues with how the IRS calculated my income and got the whole case dismissed. They saved my business and my freedom.” – Jenna T.

If you or a loved one has been accused of tax fraud or filing false returns, don’t roll the dice with a public defender or inexperienced lawyer. Your finances and liberty are at stake – you need to hire the best tax fraud defense team available. Call Spodek Law Group at 212-300-5196 or contact us online to start building your defense today.

What is the difference between tax evasion and filing a false return?
Tax evasion generally refers to taking active measures to avoid paying taxes that are owed, such as hiding income or assets, while filing a false return involves intentionally providing incorrect information on your tax forms. However, the two often go hand-in-hand, which is why the IRS may charge you with both crimes.

If I amended my return, can I still be charged with filing a false original return?
Yes, amending your return does not automatically absolve you from potential penalties for the original false filing. The IRS may still choose to prosecute the original offense.

What if I relied on a tax professional’s advice in filing my returns?
Having a good-faith belief that you were following a qualified tax pro’s advice can serve as a defense against willful filing of a false return. However, this depends on the specific circumstances and quality of the advice received.

Can I be charged with filing a false return if I didn’t file at all?
No, the crime of filing a false return specifically requires that you did file a tax return containing false information. For failing to file a required return altogether, you could face the separate charge of tax evasion.

How far back can the IRS go to find false returns?
Under the statute of limitations, the IRS generally only has 6 years to charge you with filing a false return. But this can be extended to 7 years if you underreported income by 25% or more.

Will I go to jail if convicted of filing one false return?
Jail time is a possibility, but for a single count of filing a false return, it’s more likely you’d face probation plus fines and penalties. Multiple counts or additional charges increase the jail risk.

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