When charges of tax fraud are on the table, how does the Internal Revenue Service (IRS) approach proving someone guilty?
Tax fraud is a term we all basically understand as something done wrong with reporting or paying taxes. Interestingly, the term tax fraud itself is not generally very interesting until a taxpayer learns about an IRS investigation into their personal or business finances. Given the seriousness of any tax crime, it is helpful to understand how the IRS might go after a potential defendant.
As we discussed earlier, the IRS looks for the intentional misrepresentation or omission of material facts. Keeping a second set of books? Siphoning off payroll taxes to fund your annual vacay with family? According to the IRS, tax fraud requires both fraudulent effort and a legitimately owed tax liability.
Just the facts
To prove fraud, the government has the burden of proof, that is, must prove its case. The burden of proof is different for civil and criminal cases. To convict in a civil matter, the IRS must provide clear and convincing evidence. The outcome of a successful civil fraud matter could result in the recovery of missing assets, corrected tax filings and additional penalties.
For criminal tax fraud, a prosecutor must prove guilt beyond a reasonable doubt. A successful criminal tax prosecution can result in fines, penalties, imprisonment and restitution.
But you were avoiding, not evading taxes…
There is nothing illegal about avoiding taxes by legitimate strategies and tools. Tax avoidance is transparent, follows the tax code and allows taxpayer to reduce or eliminate some of their tax burden. As we reported recently, the 100 wealthiest capital owners in the U.S. have a tax rate of 22 percent. The average U.S. taxpayer pays about 30 percent and high asset earners pay 45 percent.
Tax evasion, on the other hand, is opaque, operates outside of the tax code and regulatory guardrails, and works to represent a financial reality that hides and misrepresents a tax burden. A couple of examples of tax evasion offered by the IRS include:
- Hiding assets, for example in an offshore tax haven or foreign bank account
- Claiming fake deductions, exemptions and tax credits
- Willfully misstating income to shape a false tax narrative
If you want to preserve and nurture wealth, use the right strategies to avoid a call, or worse, a criminal tax investigation by the IRS.
Strategic guidance if you are involved in a tax fraud
When you are involved in a tax controversy with the IRS, our legal team offers strategic guidance for recognizing and resolving challenges. Schedule a consultation or call us at 440-250-9709. We serve clients across the U.S. and internationally from our offices in Cleveland and Chicago.
For additional support and background on fraud, tax evasion and money laundering, check out our comprehensive "Understanding Tax Fraud" ebook.
