Tax Evasion
Millions of Americans live in fear of any sort of interaction with the IRS. Administration tax collection actions can be drastic enough, but when federal or state tax agencies initiate criminal charges against people and businesses accused of tax evasion, tax fraud and other tax offenses, the stakes go up even higher.
San Antonio Tax Evasion Lawyer
If you or your company has been accused of tax evasion, you need experienced attorneys who will take the time to investigate all aspects of your case with a sophisticated understanding of the issues. A tax evasion lawyer at Goldstein & Orr in San Antonio can help you build a strong defense and fight the charges.
We have been defending clients against tax charges and other serious criminal accusations for more than 40 years. Attorney Cynthia Eva Hujar Orr has extensive knowledge of tax fraud and tax evasion. Contact us or call (210) 226-1463 to discuss your situation with a knowledgeable lawyer.
Information Center for Tax Evasion
- Analyzing the Accusations in Depth
- Tax Evasion Under Federal Law
- Tax Evasion Investigations by the Texas Comptroller CID
- Handling Overlapping Tax and Money Laundering Charges
Analyzing the Accusations in Depth
Our criminal defense lawyers are knowledgeable about federal and Texas state tax codes and regulations, and we are fully prepared to defend you against white collar crimes and tax charges. Some of the most common tax evasion charges include:
- Federal income tax
- Federal employment tax
- State sales tax
- Local property tax
The government may be accusing you of using an illegal tax shelter when you were in fact engaging in legal tax planning behavior. In other cases, it may be a defense that you reasonably believed the conduct was legal tax planning behavior. We are highly experienced at analyzing complex financial arrangements and explaining the legitimate purposes of those arrangements.
Tax Evasion Under Federal Law
A company, business or corporation can be accused of committing tax evasion by paying employees in cash and not filing proper returns. Investigations often begin with a phone call or visit by an IRS agent or investigator with the Criminal Investigation Division (CID). Under federal law, the tax evasion statutes are found in Internal Revenue Code section 7201 which provides:
Any person who willfully attempts in any manner to evade or defeat any tax imposed by this title or the payment thereof shall, in addition to other penalties provided by law, be guilty of a felony and, upon conviction thereof, shall be fined not more than $100,000 ($500,000 in the case of a corporation), or imprisoned not more than 5 years, or both, together with the costs of prosecution. 26 U.S.C. Section 7201.
Elements of the statute include:
- The existence of a substantial unpaid tax liability or deficiency
- An affirmative act committed in any manner constituting an attempt to evade or actual evasion
- A willful intent to commit the affirmative act in violation a known legal duty
Related offenses include intentionally filling a false tax return and tax fraud. Other types of tax related crimes prosecuted in federal court include:
- Failing to report or underreporting income including income paid in cash
- Improperly claiming a tax deduction that the filer is not entitled to claim
- Falsely inflating charitable deductions
- Taking false deductions for a personal expenses on a business tax return form
- Hiding funds in an overseas account
Tax Evasion Investigations by the Texas Comptroller CID
The Criminal Investigation Division (CID) of the Texas Comptroller of Public Accounts investigates crimes to be prosecuted in state court for violations of state tax law involving the Comptroller’s office. The CID investigates both misdemeanor and felony tax-related offenses. Tax Criminal Investigations by the Texas Comptroller often involves allegations such as:
- Tampering with a government record or making false entries in documents filed with the Texas Comptroller’s Office
- Intentionally and knowingly committing fraudulent acts by making false entries in the books and records required by law under §151.7102
- Misapplication of fiduciary property under 32.45 of the Texas Penal Code
- Intentionally or knowingly failing to pay sales taxes collected under Chapter 151 of the Tax Code such as Tax Code §151.7101 (Under §151.7032 the charges are a misdemeanor if the amount is under $1,500 or a felony if the amount is over $1,500)
In many of these cases, the investigations by the Criminal Investigation Division are turned over to federal law enforcement officers to pursue investigations for prosecution in federal court. Never make a statement to an investigator with the CID until after you have spoken to an experienced San Antonio criminal defense attorney.
Handling Overlapping Tax and Money Laundering Charges
The federal government often will bring money laundering criminal charges together with allegations of tax evasion. These types of charges are common in the U.S. District Courts for the Western District of Texas, San Antonio Division and throughout the state. If you are accused of structuring illegal cash transactions or other money laundering offenses, such as failing to file Form 8300 cash transaction reports, contact us to discuss your defense.
Tax Evasion Lawyer in Bexar County
If you under investigation for tax evasion or another tax offense, do not hesitate to contact us to speak to an experienced criminal defense attorney at Goldstein & Orr. We will work with you to get the most detailed facts of your case and ensure your rights are represented. Call (210) 226-1463 for a free consultation.
