Tax Law Blog

No Substitute for The Real Tax Crime

Written by on behalf of Robert J. Fedor, Esq., L.L.C. | Jun 14, 2016 1:30:00 PM

There is a lot of really useful information on the internet about every kind of tax crime imaginable. There is also a lot of information about tax crimes, and criminal allegations, that can be disregarded, as well as misinformation that can be harmful if accepted as accurate.

One of the things that you might have noticed in your web surfing is that most reputable sites will acknowledge that their comments and advice about tax matters are general in nature and should not be construed as advice for any reader to act upon. Responsible bloggers, journalists and tax experts know that they cannot give advice except in broad strokes.

Take, for example, the subject of tax evasion. There is no way for bloggers to know – including us – if a particular reader could possibly be indicted for tax evasion without knowing fine details of their financial activities.

What we do know is that for anyone to be indicted and convicted of tax evasion, the government must prove that the person actively, willfully attempted to evade the tax.

In other words, you must do something – take action of some sort – to evade a tax before you can be convicted of tax evasion. Without an overt act, a failure to pay taxes – while still a legal concern – won't rise to the level of the crime of tax evasion.

Now what constitutes an overt act to evade taxes? It might be something as simple as putting property in someone else's name or conducting business transactions solely in cash or diverting cash receipts through another person or business. And so on.

A tax attorney experienced in tax crime matters can help you understand the parameters of the law and how you can effectively address legal issues of concern.