Archives July 24, 2016

Taxpayer's Use of Legal Deferred Compensation Plan Supported an Indictment for Criminal Tax Fraud

There is No Requirement That The Government Prove a Taxpayer Had Funds to Pay Tax to Obtain a Conviction Pursuant to Section 7202. Further, the Statute of Limitations for an Offense Under Section7202 is Six Years.

A Writ of Coram Nobis Can Be Obtained If the Taxpayer Is No Longer in Custody. Taxpayer sought to vacate his income tax evasion conviction pursuant to 7201 to avoid being deported. The Court Found That Taxpayer Was Aware of the Immigration Issues and Failed to Timely Seek Appropriate Relief.

The Offshore Voluntary Disclosure Program continues to be offered by the IRS to encourage taxpayers who have failed to accurately report funds held in foreign bank accounts and income derived abroad to make full disclosure and avoid potential criminal sanctions

Misjoinder of Counts of Mail Fraud with Tax Evasion Led to Reversal. There was no evidence at trial of any affirmative act to evade taxes by defendant beyond a mere failure to file tax returns for calendar years 1996 and 1997. The misjoinder prejudicially affected the jury's deliberations on each of the counts. The evidence as to both counts was not overwhelming and the district court gave no limiting instructions.

Two sentencing enhancements imposed by the United States District Court for the Southern District of Illinois were upheld as to a Defendant, who pled guilty to conspiracy to defraud, impede, impair, obstruct, and defeat the functions of the IRS in the collection of income taxes, 18 U.S.C.S. § 371, tax evasion, 26 U.S.C.S. § 7201, and false statements to revenue agents, 18 U.S.C.S. § 1001, concerning his residence and employment.

Three lawyers and an accountant were found guilty of conspiracy and tax evasion in the Southern District of New York.