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Adam R. Banner ATTORNEY AT LAW
 
 

Tax Fraud Attorney Oklahoma City

attorney defending someone faced with tax evasion

No one likes to pay taxes. In fact, a quick internet search will reveal plenty of individuals who are more than happy to share their “information” on exactly why you don’t have to pay taxes. It may be true that some people get away with failure to pay taxes, or attempts to evade or defeat the tax code, but everyone gets caught sooner or later.

If you have been accused of defrauding the state or federal government you should immediately consult a tax fraud attorney at the Law Offices of Adam R. Banner, P.C.  We can ensure your rights are protected at every step of the legal process.

What is Tax Fraud?

Tax fraud is a generic term for anyone who willfully and intentionally tries to game the system. Whether through the failure to pay taxes, hiding income, underreporting income, overstating deductions, or falsifying records, the fraud aspect can manifest itself in a number of ways. While many people try to cut corners to save a few bucks at the end of the year, the potential gains are just not worth the possible penalties.

It’s important to remember that individuals are taxed on the state and federal level. As such, tax fraud can occur either as a state felony or a federal felony. In either situation, the investigation into the alleged wrongdoing will most likely be headed by a specialized unit.

On the state level, these cases are most often investigated and prosecuted by the Oklahoma Attorney General’s office. On the federal level, the cases are usually investigated by agents for the Internal Revenue Service (IRS) and prosecuted by the United States Attorney for the federal district in which the criminal activity occurred.

Tax Fraud Legal Defense

Fraud involves a willful deception.  When it comes to filing taxes everyone is capable of making mistakes.  It is not unusual for someone who has been charged to lack criminal intent.  Our attorneys can help you establish this fact in a court of law and make sure your rights are protected.  For immediate assistance contact on of our experienced attorneys for a free consultation.

Oklahoma Tax Fraud Punishments

At the state level, Oklahoma punishes various forms of tax fraud:

  • Failure or refusal to file a state tax return is only a misdemeanor that carries no more than one (1) year in county jail.
  • Merely failing to make all entries or making one false entry is a misdemeanor that can result in one (1) year incarceration in the county jail.
  • Filing a false or fraudulent report is a felony offense that carries a minimum of two (2) years to a maximum of ten (10) years in prison.
  • Verifying a false report or return can result in a felony perjury conviction and imprisonment for ninety (90) days to ten (10) years.

Moreover, Oklahoma has a general provision in its tax code that also requires an additional penalty equal to the amount of the tax, penalty and interest, due and delinquent upon a finding of guilt.

Laws related to tax preparation aren’t limited to individuals preparing their own taxes. The regulations apply to accountants and any other person assisting in the preparation of the associated and related documents. A failure to correct something on your return that you know is incorrect could also lead to liability, even if it is something that your tax preparer included.

Liability can also reach to a person’s company as well. The applicable rules and regulations regarding taxes apply to those preparing individual returns as well as corporate returns.

Federal Tax Fraud

There are just as many ways to violate federal laws when it comes to tax fraud. The Internal Revenue Code is thick and tricky to navigate, and it is chock-full of potential pitfalls for those people hoping to defraud the government.

A willful failure to file a federal tax return can result in up to one (1) year in federal prison. A person who makes a false or fraudulent statement on a federal return can face a maximum of three (3) years in prison. Truth be told, there are numerous ways one can run afoul of the IRS.

As a general rule though, any person who willfully attempts, in any way, shape or form, to evade or defeat ANY tax imposed by the Internal Revenue Code will face various fines, penalties, and potential incarceration. Though there are various punishment ranges depending on the act or omission, federal law provides for a generic punishment of up to five (5) years imprisonment and up to a $500,000.00 fine for tax fraud.

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