IRS
Tax Fraud - Defined?
Every
American citizen is responsible for filing their own federal income
tax return, through what is called voluntary compliance. Most
Americans do file their income tax return reporting their earning
and paying the required tax liability as calculated by federal
tax code. But not everyone willfully files their income tax return,
and intentionally break the law by not paying the correct tax
amount, or not reporting income.
There is a big difference in taking a few tax deductions for a
few hundred dollars and committing tax fraud. Tax fraud means
that you have intentionally broken the tax law providing incorrect
information on your federal income tax return for the purpose
of financial gain. Activities
the IRS determines as breaking the tax laws include but are not
limited to:
* deliberately
underreporting income
* deliberately omitting income
* keeping two sets of books
* overstating the amount of deductions
* making false entries in books and records
* claiming personal expenses as business expenses
* hiding assets or income
* claiming false deductions
* transferring assets or income
The IRS
created the Criminal Investigation Division to research and correct
improper tax filing and improper tax payment. The Criminal Investigation
Division of the IRS investigates a wide variety of individuals
and corporations including business owners and self-employed wage
earners. It is the main component of the IRS's efforts to directly
influence taxpayer compliance.
The Tax
Fraud Program is the Criminal Investigation Division's largest
enforcement program that covers a variety of tax fraud and tax
and money laundering crimes. According to IRS statistics there
were 1,863 investigations initiated by the Tax Fraud Program in
2006, leading to nearly 700 people being sentenced and incarcerated
for breaking the tax law.
The Tax
Fraud Program classifies tax fraud crimes into two basic programs,
legal source tax crimes and illegal source financial crimes. Legal
source tax crimes involve people who earn wages legally but choose
to evade taxes by violation of tax laws. These cases involve behaviors
that threaten the tax system, such as questionable claimed refunds,
unscrupulous tax return preparers, and persons who challenge the
legality of income taxes. The prosecution of these cases is essential
in supporting the IRS's overall compliance goals, encouraging
voluntary compliance with the tax laws, and promoting fairness
and equity in the American tax system.
The second
program, illegal source financial crimes, focuses on money gained
through illegal sources of income, such as illegal gambling. According
to the IRS, these underground operations threaten our "voluntary
tax compliance system and undermine the overall public confidence
in our tax system." The IRS demands that taxes be paid on money
earned through any means, therefore many recipients of illegal
income attempt to legitimize their income. This process of "cleaning"
the illegally obtained money is known as "money laundering." The
IRS deems money laundering as "tax evasion in progress."
Nowadays,
money launderers use various schemes and transactions to conceal
income and assets. This includes manipulation of currency reporting
requirements and the layering of transactions. Since money laundering
and currency violations are often intertwined with tax violations,
the illegal source financial crimes program encompasses many tax
and tax related violations.
The punishments
and penalties for tax fraud issues vary from cases to case. However,
according to the US tax code (sections 18 and 26) some violations
of tax law carry penalties of up to five years in prison with
fines up to $250,000.00 for individuals and $500,000.00 for corporations.
According to IRS statistics, the average incarceration sentence
for tax fraud crimes in 2006 was 26 months.
The important
thing to remember is to be completely honest when preparing your
income tax returns. Alternatively, you should seek a competent
professional to prepare your returns for you. If you follow your
legal duty of voluntary compliance and pay your taxes without
hiding income then there is never a reason to worry.
No
matter what the cause of the IRS income tax problem, J.M. Trippon
& Company CPAs can assist you with resolving your IRS tax problem.
Give us a call today to speak to one of our IRS tax resolution
specialists at 713-661-1040.