Miami Tax Evasion Lawyer
What You Need to Know About Tax Evasion
Have you been accused of tax evasion? If you’re under investigation by the IRS or have been accused of any type of tax violation, our dedicated team at Beckham Solis, Attorneys at Law may be able to help. We represent clients who are facing this serious federal charge and other white-collar criminal offenses.
With our extensive experience handling IRS violations and our understanding of viable defenses to tax-related crimes, we are confident in our ability to protect your interests. Our Miami tax evasion lawyers can answer your questions and offer knowledgeable insight related to your case during a complimentary consultation.
For seasoned guidance built on over 35 years of combined legal experience, call (786) 244-8010 or contact our Miami tax evasion lawyer online!
VICTORY BEGINS WITH BECKHAM SOLIS
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Felony Exploitation – Case DismissedThe Defendant was employed as social workers and assigned as the caretaker of several elderly people including the 68 years old victim. The Defendant was in a position of trust and had access to the social services office where the victim’s money was kept in a locked box. The box was checked on 07/22/2019 and was missing $200. The Defendant denied taking the money and was taken into custody on a separate charge. The Defendant then admitted to going into the victim’s box and stealing the $200 and was arrested, charged with felony exploitation of an elderly and disabled person.
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Domestic Violence Strangulation – Case DismissedAt 4:38 PM law enforcement began to investigate, both the Defendant and Victim 1. The Defendant was taken into custody and taken into interview room for further questioning. The Defendant admitted that he and victim 1 were involved in a verbal dispute but denied that the incident ever became physical. The Defendant and the victims were inside the Defendants vehicle when the argument occurred. Victim 1 explained that the argument escalated when the Defendant slapped her on the left side of her face and moments later on twice on her left thigh. Upon arrival at their home, the Defendant grabbed victim 1 by her hair and shoved her on the bed and mounted her as she now laid next to victim 2. The Defendant then took a black semi-automatic handgun from his waist and stated aloud “Do you want to die today!” Victim 2 began to cry and Victim 1 fled the residence with their child. Victim 1 during the investigation disclosed the Defendant had battered her in the past and provided photographs of the three other events. The Defendant denied this accusations and advised that he was unaware she was injured on those dates. The Defendant was arrested and charged with domestic violence strangulation.
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Grand Theft, Domestic Violence, and Aggravated Battery – Case DismissedAt 11:30 AM, law enforcement was dispatched in emergency mode in reference to a domestic battery. The officer made contact with the Defendant who stated that he and the victim got into a verbal argument. The victim decided to leave with the child. The victim stated that the Defendant began to argue with her reference to her being pregnant. The victim explained that he got aggressive, grabbed her by the neck and chocked her. The victim also states that he let her go when he noticed she couldn’t breathe. The Defendant was arrested and transported to TGK, charged with Grand Theft, domestic violence strangulation, and aggravated battery on a pregnant woman.
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Felony Drug Possession – Case DismissedAt 3:47 AM, law enforcement officer observed the Defendant sitting on the bus stop past curfew. The officer conducted a subject check to find the reasons the Defendant was stationary at the location. The Defendant stated that he was playing a game that required him to be seated. The officer then conducted a pat down and a sharp pointy object was discovered in the Defendant’s left pocket. The Defendant identified the oil as liquid marijuana inside of the pen. The Defendant was then arrested as during curfew period no person shall make use of any streets or sidewalk for any purpose expect active duty, police, fire-rescue first responder, medical health care and utility repair person as well as those returning to their home from work of employment. Defendant charged with felony drug possession.
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Aggravated Assault w/ Deadly Weapon, Domestic Violence, and Child Abuse – Case DismissedAt 4:28 PM, officer was dispatched in reference to a domestic disturbance between a father and son. Upon arrival, the officer made contact with the Defendant who stated he had a physical altercation with his father. The Defendant stated that he arrived to the residency where he lives with his mother and father; and then a verbal argument ensued with his father which led them to confronting each other in the backyard of the residence. The Defendant also states that his father struck him on the right side of his face causing a litigation to his right eyebrow. The officer observed a strong odor of alcohol from the Defendant. The victim stated the Defendant arrived to the residence in a bad mood and began to argue with his mother at which time the victim intervened. The victim also states that the Defendant repeatedly struck him while they were on the ground. The mother of the Defendant then confirmed this. The Defendant was arrested and charged with aggravated assault with a deadly weapon, domestic violence strangulation, and child abuse.
What Is Tax Evasion?
The U.S. tax code is complex and can be difficult for any taxpayer to fully understand. It should come as no surprise that mistakes are often made on tax returns, but when does this become a crime? An innocent mistake may be remedied, but intentional attempts or acts of underreporting income or claiming fraudulent deductions may be considered tax evasion.
Tax evasion is a violation of Internal Revenue Code (IRC) § 7201. Willfully attempting to evade or defeat tax is a felony offense that is investigated by the Internal Revenue Service (IRS), prosecuted by the U.S. Attorney’s Office, and punishable by up to 5 years in prison and fines of up to $500,000. There are two primary types of tax evasion.
Evasion of Assessment
This refers to the deliberate actions taken by individuals or entities to avoid the proper reporting or payment of taxes owed. This process typically involves misrepresentation or concealment of financial information to tax authorities, rendering the assessment and collection of taxes ineffective. Common methods of evasion include underreporting income and inflating deductions.
Evasion of Payment
This refers to the act of unlawfully failing to pay the taxes owed despite having a clear assessment of the tax liability. This can occur when individuals or entities deliberately choose not to remit payment to the tax authorities or when they employ strategies to escape payment obligations altogether. Unlike evasion of assessment, which focuses on the misrepresentation of income or deductions, evasion of payment often involves a more direct refusal to comply with tax obligations once they are established. Common tactics for evasion of payment include utilizing fragmentation strategies, where individuals or businesses deliberately structure their affairs to conceal income or divert profits into entities in jurisdictions with lower tax rates or no taxes at all.
Accused of tax fraud? Call our Miami tax evasion attorneys at Beckham Solis, Attorneys at Law to find out what our team at Beckham Solis, Attorneys at Law can do to protect your interests. Contact our Miami tax evasion lawyers by calling (786) 244-8010 or filling out our online contact form.
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Common Examples of Tax Evasion
Whether through evasion of assessment or payment, tax evasion may involve a wide range of specific actions. Our Miami tax evasion attorneys are prepared to represent individual taxpayers, accountants, and other tax professionals facing these criminal charges.
Here are some examples of tax evasion that can lead to a variety of financial and legal consequences:
- Failing to file a tax return. While some taxpayers may miss the filing deadline due to negligence or misunderstanding, intentional non-filing with the purpose of avoiding tax liability is a criminal offense. Authorities often view this as an indication of an egregious intent to defraud the government, leading to penalties like up to one year of incarceration and fines of up to $100,000 for each missed tax year.
- Underreporting income. Individuals or businesses may intentionally report lower income than what they have actually earned. This can involve omitting cash transactions or not disclosing income from side businesses. For example, a freelancer might only report a portion of their earnings to evade taxes on the full amount. Misrepresenting or concealing financial information on your tax return is punishable by up to five years in prison and $100,000 in fines.
- Inflating deductions. Taxpayers may exaggerate allowable deductions to reduce taxable income. For example, an individual might list personal expenses as business-related, such as claiming personal travel costs as travel expenses for work. This tactic misrepresents actual tax obligations and can lead to significant penalties if discovered.
- Misclassification of workers. Employers might misclassify employees as independent contractors to avoid payroll taxes. By doing so, they evade the responsibility of withholding income taxes, Social Security, and Medicare payments.
- Use of offshore accounts and shelters. Establishing offshore accounts or using foreign entities to hide income or assets from tax authorities is a common tactic among wealthy individuals and corporations. Such entities may obscure ownership and allow individuals to evade taxes on unreported income.
- Engaging in backdoor transactions. Individuals or corporations may conduct transactions that are intentionally misleading, such as transferring property at undervalued rates to minimize gift or estate taxes. These backdoor transactions are designed to circumvent tax liabilities and can lead to severe legal consequences when discovered.
- Falsifying a tax return. Some individuals directly falsify information on their tax returns, including fabricating income and expenses or providing false documentation to support fraudulent claims. Filing a fraudulent tax return is punishable by up to three years in prison and $100,000 in fines.
- Failing to pay taxes. This misconduct occurs when individuals or entities with an established tax liability choose not to remit payment. Reasons might include a deliberate refusal to comply, claims of financial hardship with false documentation, or utilizing tactics like fragmentation strategies to obscure income and evade payment obligations. Failing to pay taxes is punishable by up to three years in prison and $250,000 in fines.
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Lack of IntentArguing you did not intend to evade taxes or commit tax fraud involves providing evidence that any inaccuracies in tax filings resulted from honest mistakes or negligence rather than a conscious effort to mislead tax authorities. For example, we might argue that you misunderstood complex tax laws or made errors when calculating deductions, thus lacking the intent necessary to establish evasion.
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Inaccurate Information from ProfessionalsWe may assert that you relied on the advice of tax professionals or accountants when filing your taxes. If a tax advisor provided incorrect or misleading information that led to reporting inaccuracies, this may serve as a valid defense. The argument here is that you operated under the belief that you were complying with the law based on expert guidance.
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Financial HardshipIn cases involving failure to pay taxes, demonstrating genuine financial hardship can be a defense strategy. We may argue that you were unable to meet your payment obligations due to unforeseen circumstances, such as sudden medical expenses or job loss. If successful, this defense might result in more lenient treatment from authorities or reduced penalties rather than being seen as engaging in deliberate evasion.
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Mistaken Classification or ReportingAccusations of tax evasion can sometimes stem from misclassification of income or the nature of deductions. In these situations, we can work to show that your classifications were based on reasonable interpretations of tax laws or that you did not have the necessary information to report accurately. For example, you could argue that you believed certain funds classified as gifts were not taxable.
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Constitutional or Procedural DefensesUnder certain circumstances, we could argue your rights were violated during the audit or investigation process. For example, evidence obtained through unlawful searches or seizures may be inadmissible in court, providing grounds for dismissing the case.
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Demonstrating that you have fully cooperated with tax authorities during an investigation can sometimes serve as a mitigating factor. This defense strategy asserts that you demonstrated good faith by providing requested documents and information, which may lead to a more favorable resolution, such as reduced penalties or even dismissal of charges.
Potential Defense Strategies for Tax Evasion
Below are several potential defense strategies that can be employed in tax evasion cases:
Defending against allegations of tax evasion requires a nuanced approach, often centered
on establishing that the accused did not have the requisite intent or that any alleged
misconduct was the result of misunderstandings rather than deliberate actions.
Our Miami tax evasion lawyers can carefully investigate your unique circumstances
to determine the best available defense strategy.
Why Partner with Beckham Solis, Attorneys at Law?
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Distinguished ReputationOur reputation is backed by numerous awards and recognitions.
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Comprehensive Team ApproachWe give you the benefit of three accomplished attorneys.
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35 Years of Combined ExperienceOur team will help you get the results you deserve.
