The Fifth Amendment protects individual taxpayers from being compelled to testify when such testimony is incriminating. This rule has been held to apply to the records in the custody and control of the taxpayer. However, when the taxpayer is required to maintain the records for non-law enforcement reasons that are public in nature, the Required Records Doctrine authorizes the government to subpoena such records. This is recognized as an exception to the Fifth Amendment.
Tag archives: 7206
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.
Two Kentucky men were sentenced to between five and more than six years in prison today after pleading guilty in April and May to conspiring to defraud the United States, wire fraud, and aggravated identity theft.
Veronica Fairchild was convicted on four counts of filing false tax returns pursuant to 26 U.S.C. 7206 for failing to accurately report the amount of funds she received for sex. The taxpayer appealed the verdict in part because the Court refused her request that the jury be instructed that they must unanimously agree as to person who paid her the funds. The verdict was affirmed.