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Understanding Criminal Tax Investigations

Taxpayers who find that they are the target of an IRS tax investigation for possible criminal tax violations are presented with difficult choices that often affect the ultimate outcomes of their cases.

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The Federal Sentencing Guidelines Treat All Tax Crimes the Same.

The recommended sentence under the Federal Sentencing Guidelines for one or more tax violations is largely determined by the calculated tax loss. State taxes may be included in the calculation. Cash expenditures, under certain circumstances, may be excluded from the calculation. The Federal Sentencing Guidelines do not make a distinction between felony tax violations and misdemeanor tax violations. As a result, a taxpayer found not guilty of the felony counts but guilty of the misdemeanor counts may serve the same amount of time as if convicted for a felony. This occurs when the Court orders that the misdemeanor sentences be served consecutively instead of concurrently.

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Defenses in Criminal Tax Cases that are Based Upon Subject Matter and Personal Jurisdiction

The United States District Court Has Both Subject Matter and Personal Jurisdiction Over a Taxpayer Who was Indicted of Tax Violations in the District Where theTaxpayer Lives and from Which He Filed the Tax Returns in Issue.

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During a Criminal Tax Investigation it is Important to Decline All Requests for an Interview.

If you learn that you may be the target or subject of an IRS criminal tax investigation it is imperative that you not answer any questions and retain a lawyer with extensive criminal tax trial experience.

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Do You Know the Proper Method to Introduce Evidence of a Zero Tax Loss in a 7206 Case

Evidence of zero tax loss may be excluded in a tax case charging the taxpayer with willfully filing fraudulent tax returns pursuant to 26 U.S.C. Section 7206.

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What Not to do Before and During a Criminal Tax Trial

A Criminal Tax Trial can easily spin out of control if it is not handled by an experienced criminal tax lawyer. This case is an amazing example of what not to do before and during the jury trial in a federal criminal tax case. The case shows the importance of a criminal tax lawyer leading the defense.

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Finding the Right Tax Lawyer

If you learn that you are the target or subject of a federal investigation for possible tax violations and/or related economic crimes, what is the best way to select the best tax lawyer to represent you?

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