Back Taxes

Has it been years since you've filed tax returns? While the Internal Revenue Service may have not yet notified you, it will catch up to you sooner or later. And with technology and sharing of information advancing at light-speed, it may be sooner than you think.

The IRS may seek to impose a criminal offense for failure to file tax returns as required. Even if you do file, the tax returns must be accurate and truthful because, if the IRS detects false returns, a fraud referral to the Criminal Investigation Division will be generated.

We represent numerous clients who have missed filing some of their state or federal taxes. Some clients are only behind a year or two, others need to catch up on their filings way back into the 1990's. Regardless of complexity, our team of experienced tax lawyers promptly prepares accurate back taxes, while aiming to minimizing the risk of criminal prosecution andenforced tax collection by the taxing agencies.

Due to circumstances beyond their control, many of our clients have lost their tax records, making the preparation of old back taxes more complicated. Our tax lawyers often reconstruct and retrace client's tax records. By working closely with the clients, our tax lwayers are able to prepare reasonably accurate tax returns. Many taxpayers have back taxes because they do not have the money to pay the balancedue on the tax return. Our tax attorneys strongly believe that in most circumstances, filing the missing tax returns is in the best interest of the client

Although there are numerous reasons for timely filing of the tax returns, the IRS can impose a penalty of up to 25% of the tax due on a late tax return. In some status, a failure to file an income tax returnupon request may also lead to a large penalty, even if you do not owe any tax. can help you file your back taxes!

Criminal Charges

The Internal Revenue Service is not limited to civil enforcement of the tax laws; it could impose criminal charges leading to a conviction, fines and imprisonment.

If an IRS Special Agent contacts you, this is an indication that the Internal Revenue Service is conducting a criminal investigation. You will be advised that you are not required to speak with the Special Agent and that you may have an attorney present. Take this advice. Politely ask the agent to leave and state that you wish to consult an attorney. Likewise, if you are currently under criminal investigation and have been cooperating and talking with a SpecialAgent, stop cooperating immediately and consult with an attorney.

If your bank notifies you that the Criminal Investigation Division of the IRS or the U.S. Attorney's Office is requesting copies of your bank records, there is a high likelihood that you and/or your company are under criminal investigation.

If your accountant is subpoenaed to appear before the Grand Jury and bring your records, a Federal Grand Jury is being utilized to conduct a criminal investigation of you and/or your company. The Grand Jury is gathering evidence at the request or referral of the IRS or another government agency. Since conversations with your accountant are not protected under "attorney-client privilege," you should refrain from further discussion with your accountantuntil you have engaged legal counsel.

If you receive a notice from the IRS that one or more of your previous tax years are being audited AND you know that the returns contain either understatements of income or overstatements of deductions, or both, you should refrain from further discussion with your accountant until you have engaged legal counsel. Although this is initially only a civil audit, Revenue Agents are trained to be on the lookout for and refer fraud red flags to the Criminal InvestigationDivision. Existing "accountant-client privilege" does not extend to criminal investigations, meaning that your accountant may be forced to provide details to the Internal Revenue Service about your situation.

If any of these events happen to you, you should immediately engage the services of a tax attorney who can monitor and respond appropriately at the earliest stage in a criminal investigation, including obtaining copies of bank records turned over to the IRS, quashing summons for information, utilizing available legal privileges and defenses to limit personal records turned over to a Grand Jury, and providing the best responses to an auditor's questionsand requests for documents in a civil audit with criminal implications. can help you with criminal charges!

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