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    NYC Tax Evasion Attorney

    Protecting Taxpayers’ Rights

    Being Investigated by the IRS or State?

    Reach Out to Our Experienced Tax Evasion Attorney

    Being investigated for tax evasion is a very serious matter that can result in steep fines and possible imprisonment. If you’ve learned, or you suspect, that you may be the target of a criminal investigation, it is to your advantage to obtain legal counsel from a New York tax evasion attorney before discussing alleged tax issues with investigators. In criminal tax evasion cases, it must be clearly proven by tax authorities that a tax was owed and that the taxpayer intentionally sought to evade paying it.

    Our tax evasion attorney is highly knowledgeable about complex federal and state tax laws and what evidence is necessary to prove and disprove tax crimes. He will be your strong advocate in seeking to get you the best outcome possible.

    When you are under investigation for tax evasion by the Internal Revenue Service or the New York State Department of Taxation and Finance, contact experienced tax evasion lawyer Timothy S. Hart today. Sometimes errors or negligence in filing taxes, rather than one’s criminal intent, can lead to investigations. Our attorney can potentially help halt the investigation early in the process. Arrange a free consultation by calling our NYC office at (917) 382-5142 or our Albany office at (518) 213-3445. You can also contact us online.

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    Tax Evasion Penalties Are Severe

    Section 7201 of the IRS code makes it a crime for anyone to attempt to intentionally evade a tax. The law reads:  “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.”

    You could face imprisonment, fines and even be forced to pay prosecution costs. Don’t delay in contacting our skilled tax evasion lawyer for help.

    Federally, the two basic types of evasion include: evasion of assessment and evasion of payment. The evasion of assessment includes failure to file or filing a false return. One common example we often see is where the IRS claims that not all of the taxpayer’s taxable income was included in their tax returns, based upon reviewing the taxpayer’s bank statements. Evasion of payment occurs after a tax is assessed and usually involves the concealment of assets available to pay taxes. In either case, if found guilty, as you can see, the penalties are severe. This is why you need a tax evasion attorney with deep experience in such matters to protect your rights.

    As both a CPA and an attorney, you can count on Timothy Hart to get the best outcome possible for you. Call him today at our NYC office at (917) 382-5142 or our Albany office at (518) 213-3445.

    Our Tax Evasion Lawyer Answers Frequently Asked Questions

    Our New York Tax evasion lawyer understands the confusion people face when they have tax problems or are being investigated for tax fraud or tax evasion. The following are general answers to some of the most frequently asked questions that our law firm hears. To get answers to your unique questions, reach out to Timothy S. Hart to arrange a free, no obligation consultation. Call us for help in NYC at (917) 382-5142 or in Albany at (518) 213-3445.

    What is considered tax evasion? The basic tax evasion definition is when people use intentional means to avoid paying taxes. Every tax evasion case is different, but some examples of possible tax evasion can include:

    • Inflating deductions when filing returns
    • Taking credits that you are not entitled to take
    • Underreporting or hiding income when filing
    • Failing to file an income tax return
    • Concealing your income
    • Failing to report a foreign bank account (FBAR).

    Both individuals and corporations can commit tax evasion.

    To answer this question, it helps to distinguish between tax fraud and tax evasion. People often confuse these terms. Tax fraud involves violations of various federal statutes under Title 26 of the IRS Code. Tax evasion refers to a specific type of tax fraud (as described in the aforementioned Section 7201 of the IRS tax code). Tax evasion is the most serious type of tax fraud and is always a criminal offense. Tax fraud, on the other hand, may involve criminal charges or civil penalties, depending upon the issue involved. If you are wondering “is tax evasion a felony,” the answer to that question is “yes.” Tax fraud may be prosecuted either as a misdemeanor or as a felony, depending on the circumstances.

    What is tax avoidance vs. tax evasion? The basic answer to this question is that tax avoidance is legal, whereas tax evasion is a crime. As far as tax avoidance is concerned, IRS regulations allow taxpayers to claim deductions, credits, and adjustments to income for which they are eligible, such as mortgage interest deductions or credits for childcare expenses, as a couple of examples. On the other hand, tax evasion is when people intentionally underreport their income, don’t file tax returns, or take other illegal actions in order to avoid paying taxes they owe. If you believe you were mistaken in filing your taxes and thought you were taking legal deductions or other actions and are now being investigated, don’t hesitate to reach out to tax evasion lawyer Timothy S. Hart for help.

    Generally, under federal and New York State law, the statute of limitations on investigating tax returns is three years. However, if income is underreported by 25 percent or more or there are other signs of tax evasion, then the statute of limitations is six years from the date the alleged fraudulent return is filed.

    Get Help from Tax Evasion Attorney Timothy S. Hart

    To have a chance at reaching a satisfactory outcome with a tax evasion issue requires skillful legal advice and assistance. Our tax evasion attorney Timothy S. Hart has helped many clients with tax problems gain positive resolutions. As both an experienced New York tax lawyer and a Certified Public Accountant, he has the well rounded knowledge needed to innovatively address the most complex tax issues. He is admitted to practice in the United States Tax Court and is licensed to assist taxpayers with IRS problems in every state in the country.

    Get Help Today

    About the Tax Evasion Investigation Process

    How do tax evasion investigations start? A criminal tax investigation often originates from a referral from a civil tax auditor when they suspect illegal conduct. A criminal tax crime is usually investigated by either (1) the Internal Revenue Service by their Criminal Investigation Division (CID), (2) your State Attorney General or Tax Department, or (3) the county District Attorney, in the county in which you reside.

    These governmental agencies employ investigators and agents trained in law enforcement techniques and tactics and act similarly to police detectives to investigate the potential tax crime.

    The tax evasion investigation process has many levels of review. An effective attorney can influence your case before it is sent for prosecution.

    For IRS tax matters, once the investigation is completed and the special agent in charge of the case recommends prosecution, the IRS conducts many levels of review before a final decision is made to forward the case to the United States Department of Justice Tax Division in Washington, D.C., for prosecution. At the U.S. Department of Justice, Tax Division, prosecutors specializing in criminal tax crimes review the case and make the final decision of whether the case should be prosecuted. If that department approves prosecution, the case is transferred back to a local U.S. Attorney‘s office with the direction that the individual be prosecuted for the alleged offenses.

    In most tax evasion cases, this multitiered review and approval process can work to your advantage. The process provides a number of different opportunities for your tax evasion lawyer to influence your case before it ever reaches the final decisionmakers. If it is a state tax case, the State Attorney General or the County District Attorney, will decide whether the case merits a prosecution, and your tax attorney has the ability to influence this decision as well.

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      Albany, NY

      300 Great Oaks Blvd., 300
      Albany, NY 12203
      Phone: (518) 213-3445

      New York, NY

      1180 6th Ave #8Fl
      New York NY 10036
      Phone: (917) 382-5142

      Why You Need the Help of Our New York Tax Evasion Attorney

      There are a variety of things that can trigger a criminal tax evasion investigation. The most common include: (1) Filing a false tax return, (2) Not filing a return at all, (3) Not reporting an FBAR.

      As part of proving guilt, tax investigators will have to show that you willfully signed your return even though you knew it contained fraudulent information; that you knew you were required to file a return but didn’t do so; or that you had a foreign bank account containing over $10,000 and knew you were supposed to report it but didn’t. Simply making an unintentional mistake on your taxes or honestly believing you weren’t required to file or report certain things is not tax evasion. Our attorney will work to prove that your actions were not willful.

      How the IRS Investigates Tax Evasion

      There are a few ways in which the IRS investigates possible tax evasion.

      • They may focus on specific suspicious transactions or issues, such as the amount in income or deductions that were reported or credits they believe were taken that the taxpayer was not eligible to take.
      • In some cases which they believe are more serious, the IRS may instead try to build an overall picture of a taxpayer’s finances to identify fraudulent activities.
      • The agency might compare a person’s assets at the beginning of the year and at the end to figure out if increases in net worth were reflected in tax filings.
      • They might review a taxpayer’s bank accounts to see how much money is deposited, spent, where it comes from and whether it is reported.
      • Or they may examine whether regular, everyday expenditures throughout the year exceed reported income on tax returns.

      The IRS and state tax authorities understand how to investigate and prove tax evasion. You need a lawyer on your side who knows how to resolve alleged tax evasion issues early in the investigative process and who can build a strong case to defend you should your tax evasion case be prosecuted.

      Don’t Delay in Getting Legal Help from Our New York Tax Evasion Lawyer to Protect Your Future

      Statistics from the United States Sentencing Commission show that each year nearly two-thirds of convicted tax evasion offenders are sentenced to prison time and spend an average of 16 months behind bars.

      When you have a highly skilled tax evasion attorney advocating for you, you stand a better chance of getting a more positive result. Reach out to Timothy S. Hart today to schedule a free consultation and learn how he can help you. He will fight aggressively to protect your rights and interests against the IRS and state tax authorities. Call our law firm today in our New York office at (917) 382-5142 or in our Albany office at (518) 213-3445.