Dallas Tax Fraud Attorneys

Defending You Against Serious Charges

The electronic and investigative resources of the Internal Revenue Service (IRS) are substantial. At any given time, the IRS has a number of agents and employees reviewing tax returns, banking activity, and other financial transactions in search of suspicious patterns of behavior. When the IRS believes it has uncovered tax fraud, it can be particularly unforgiving and draconian: assets may be seized, bank accounts frozen, wages garnished, and real estate property appropriated. However, if a person comes forward to alert the IRS to incorrect filing information or a failure to file at all, the IRS is usually more forgiving and willing to reach an agreement.

At the law office of Fitzpatrick Jacks Smith & Uhl, the Dallas tax fraud attorneys represent businesses and individuals in cases involving allegations of tax fraud. Whether you are being prosecuted for tax fraud or would like to come forward to reach an agreement with the IRS, we have the experience and knowledge needed to help our clients avoid further legal complications.

Allegations of Tax Fraud & Tax Evasion

The law office of Fitzpatrick Jacks Smith & Uhl counsels and represents CPAs, accountants, businesses, lawyers, taxpayers, and those misled by tax protesters and the Cheeks defense in cases involving the following:

• Failing to report all income
• Underestimating income
• Using false receipts
• Fraudulently claiming deductions that don't apply
• Using an offshore bank account to hide assets
• Money laundering
• Tax evasion
• Using someone else's Social Security number

Criminal Tax Liability and Civil Tax Liability

The IRS has certain criteria that they use in deciding whether to pursue criminal tax liability or civil tax liability. Typically, if someone owes a significant amount of back taxes, the IRS will pursue criminal charges. However, while pursuing charges may be relatively simple, obtaining a conviction can prove to be much more difficult.

In order to obtain a conviction, the government must prove that the tax violations were intentional. At Fitzpatrick Jacks Smith & Uhl, we work closely with former federal and IRS investigators to help identify flaws in the IRS investigation and provide us with information for our own investigation.

If you failed to file tax returns for several years or if you repeatedly made errors when filing taxes, the IRS may pursue a civil tax liability claim against you. Even honest mistakes and misunderstandings can lead to you owing thousands of dollars in back taxes and fees.

Our firm's backgrounds as federal prosecutors and/or federal defense lawyers put you at a distinct advantage in the courtroom as they understand the techniques the government uses to investigate and prosecute tax evasion and tax fraud cases. Rest assured, they will use this unique insight to prepare an effective and compelling defense on your behalf.

Under Investigation for Offshore Bank Accounts or Hidden Assets?

Bank secrecy laws protect customers and their accounts from outside parties demanding information. However, these laws are not absolute. Recently, banking and investment company, UBS, agreed to provide information to the Internal Revenue Service (IRS) about United States customers with secret bank accounts. As a result, individuals who failed to report these offshore bank accounts may now face criminal prosecution or civil/administrative IRS actions.

The IRS uses sophisticated investigative methods to identify potential tax violations. For example, when the IRS believes someone has intentionally failed to report a UBS or other offshore bank account, they can immediately launch an investigation to gather evidence for a formal charge. They are often unforgiving and the excuse that you simply did not understand the applicable tax laws will be insufficient.

Each independent lawyer has handled all manner of offenses from tax fraud cases to civil and criminal tax liability issues. We work closely with former federal and IRS investigators to help identify flaws in the IRS investigation and provide us with information for our own investigation. Our experience handling these complex cases enables us to aggressively defend clients in federal court and challenge the government's assertion that the tax evasion was intentional.

Establishing Tax Fraud: Why it Can be Difficult to Prove

In cases where it is clear that the defendant did not pay enough taxes, it can be hard to prove tax fraud. In order to prove someone is guilty of defrauding the government, the prosecution must establish intent: did the accused knowingly and purposely act in a manner intended to commit tax fraud? Misreporting information can happen because someone misunderstands how deductions work or how the tax code applies to certain kinds of business income.

The Dallas tax fraud attorneys at the firm vigorously challenge claims on the part of government prosecutors that see a conspiracy to defraud the government where misunderstanding or poor judgment resulted in wrong information. In cases where the value of assets is in question, we work with forensic accountants and tax experts to challenge the government's claims and assumptions.

Working with the IRS when Mistakes Have Been Made

The IRS would prefer not to have to go to trial if it doesn't have to. Stepping forward before they find out you have made a mistake or failed to report accurate information can mean the difference between a fine and probation and going to prison.

For more information on how we can help you resolve tax problems or fight charges of tax fraud, contact the Dallas-based tax fraud attorneys at the law office of Fitzpatrick Jacks Smith & Uhl today to schedule a consultation.