Tax Fraud Lawyer in St. Louis
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Defending Against Tax Fraud Charges in Missouri
Tax fraud allegations can lead to serious legal consequences, including fines, penalties, and even prison time. The IRS and state tax authorities pursue tax-related crimes aggressively, often leading to stressful and complex cases for those accused. If you are facing tax fraud charges, having an experienced defense lawyer by your side can make all the difference in protecting your rights and minimizing potential consequences.
Call JMH Law Firm, LLC today at (314) 827-6222 or contact us online to schedule a consultation with our tax fraud defense lawyer in St. Louis.
What is Tax Fraud?
Tax fraud, also known as tax evasion, is a serious federal crime that can get you into trouble with the IRS. As a resident of the United States, you are legally obligated to fill out a tax return every year, which determines if you owe the government any money for that year based on your earnings. If you are found in violation of tax law, do not properly file your tax return, misrepresent your income, or fail to file altogether, then you can be prosecuted for tax fraud.
The following actions can be considered a violation of tax law:
- Concealing or transferring assets
- Claiming false deductions
- Failure to file tax returns
- Engaging in illegal activities
- Dealing in all cash
- Reporting an inaccurate income for the year
- Exaggerating the amount of deductions
- Claiming personal expenses as business expenses
- Having two sets of books
- Putting false amounts in your books
If you have been accused of violating tax law, then speak with an experienced St. Louis criminal defense attorney from our firm for aggressive representation in your case.
What are the Penalties for Tax Fraud in Missouri?
If the IRS suspects that you are neglecting your legal duty to file proper taxes, then they may impose a civil tax fraud penalty of up to 75% of the total taxes owed, including interest. On top of the penalty, the IRS may also send your case to the IRS Criminal Investigation unit in order to determine if criminal charges should be filed. The penalties for a tax fraud crime can include up to 5 years imprisonment as well as a fine of up to $500,000. If you are being audited by the IRS, then it is time to take legal action and obtain a tax fraud lawyer.
Defenses Against Tax Fraud Charges
Common defenses include:
- Lack of Intent: Tax fraud charges hinge on proving that the accused intentionally violated tax laws. Mistakes, oversights, or misinterpretations of tax codes are not considered fraud. Demonstrating that an error was unintentional can be a strong defense, especially if the accused can show reasonable efforts to comply with tax laws.
- Insufficient Evidence: The prosecution has the burden of proof to establish beyond a reasonable doubt that fraud occurred. However, challenging the sufficiency or credibility of the evidence presented—such as incomplete financial records or unreliable witness testimony—can undermine the prosecution's case.
- Mistaken Identity: Individuals are sometimes wrongfully accused of tax fraud due to identity theft or clerical errors. If the alleged fraudulent actions were carried out by someone else using the accused's identity, uncovering and presenting this information can clear the defendant of wrongdoing.
- Compliance Efforts: Evidence that the accused made reasonable attempts to comply with tax regulations, such as consulting with accountants or tax professionals, can demonstrate a lack of intent to commit fraud. Documentation of efforts to amend tax returns or pay outstanding taxes voluntarily may also bolster this defense.
- Statute of Limitations: Tax fraud charges can be filed within a time limit. This limit is often six years from the alleged fraudulent action. If the statute of limitations has expired, the charges may be dismissed.
- Entrapment or Coercion: If a government agent or third party induced or pressured the accused into committing tax fraud, this can form the basis of an entrapment or coercion defense. Establishing this defense requires showing that the accused would not have committed the crime without undue influence.
- Errors by Tax Authorities: Tax authorities' errors during audits or investigations can result in invalid charges. These may include procedural violations, misinterpretation of financial data, or reliance on faulty evidence. Identifying and exposing such errors can weaken the prosecution's case.
- Voluntary Disclosure: The IRS and many state tax authorities have voluntary disclosure programs allowing individuals to report unpaid taxes or correct errors without criminal prosecution. If the accused took advantage of such a program, this may serve as a strong defense against fraud allegations.
Contact Our St. Louis Tax Fraud Defense Attorney Today
Here at JMH Law Firm, LLC, we have extensive experience with criminal law and we have more than 60 years of practice in the field. Our skilled trial lawyers have tried these cases from every angle, which means we know how the prosecution will build its case. We believe that there is no substitute for experience - we have delegated over 100 criminal jury trials as well as hundreds of contested hearings and bench trials.
When you work with our firm, you are not handed off to a secretary or paralegal; rather, we provide the unmatched personal service that your case deserves. We understand that you may be feeling vulnerable and scared, and we are here to help you gain control over your life again.
Contact JMH Law Firm, LLC today to get started on your case with our St. Louis tax fraud defense attorney!
