Indianapolis Tax Fraud Defense Lawyer

Accused of Wrongdoing? Our Experienced Tax Fraud Attorney Will Defend Your Rights.

Tax fraud is a serious crime, with tough repercussions. The Internal Revenue Service and the Indiana Department of Revenue will not back down in pursuing taxpayers they believe are guilty of fraud, which is why you should not wait to get skilled legal guidance if you discover you are being investigated. Our Indianapolis tax fraud defense lawyer has successfully handled many complex tax cases, including those involving tax fraud and evasion. If you are being investigated, he may be able to resolve your matter before your case is referred for prosecution. If you are charged with tax fraud, he will build a strong defense to disprove accusations against you or work to get you the best possible outcome based upon the facts of your tax situation.

Contact us today to arrange a free consultation with tax fraud lawyer Jerry E. Smith. Call (317) 917-8680 or reach out online. Get experienced legal help to resolve your tax problem.

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Why Choose Tax Fraud Lawyer Jerry E. Smith?

We understand that you have choices when it comes to tax attorneys. We believe you should consider Jerry E. Smith to represent you in your tax fraud matter because of his breadth and depth of experience as both a tax lawyer and a Certified Public Accountant. This professional background gives him unique insight into the most intricate legal and financial aspects of tax issues. As a CPA, he has the financial knowledge needed to perform a careful line-by-line analysis of your tax returns and other documents to determine where errors may have occurred, either by you or by the IRS in alleging that you acted fraudulently.

As a tax attorney, he can potentially negotiate a resolution with IRS tax authorities early in the multi-step investigative process if you have unfiled returns or other problems. Should your case be prosecuted, our tax fraud attorney understands exactly what it will take for prosecutors to prove that fraud occurred, which is basically that you owed a tax and made an intentional and willful effort to avoid paying it. Our attorney will work hard to build an effective defense to counter charges against you.

As a small, hands-on firm, you can count on working directly with our knowledgeable tax fraud attorney. Your case will not be handed off to a less experienced lawyer. Call today.

What is Tax Fraud?

Tax fraud is when someone intentionally seeks to avoid paying taxes they owe. They may fail to file tax returns believing that the IRS will not catch up with them. They might overstate deductions or take false deductions, claim tax credits for which they’re not eligible or understate income in order to pay less in taxes. They might work “under the table” or not report tips to avoid paying taxes on earned money. Some taxpayers who are behaving fraudulently might use fake Social Security numbers or hide money in overseas accounts to try and shield it from the eyes of tax authorities. Businesses might keep two sets of financial books or fail to keep any tax records. There are a variety of ways that intentional tax fraud happens.

Penalties for Committing Tax Fraud

Tax fraud may be charged and prosecuted as a misdemeanor or a felony, depending on the specifics of the case. The severity of the penalties if convicted is dependent on the actual charges as well as whether the individual has a prior criminal history.  The most serious type of tax fraud is tax evasion. The sentence for tax evasion under federal law is up to 5 years’ imprisonment and a fine of up to $100,000 for each charge, as well as having to pay prosecution costs and the taxes with interest and penalties that are still owed. The fine for corporations is up to $500,000. Indiana also has severe penalties that may include jail time and large fines for tax fraud and tax evasion.

United States Sentencing Commission statistics show that the majority of people convicted of tax fraud each year spend time in prison, with an average sentence of 16 months. Get skilled legal help today and you may avoid becoming a statistic. Call (317) 917-8680.

Remember, however, that intent to defraud must be proven. Making honest mistakes in your tax filings is not a crime. Not having the money to pay your taxes is not a crime, but you must communicate with the IRS to explain your situation and make payment arrangements. If you simply ignore the fact that you owe money, you could face a fraud investigation. Our tax fraud attorney will review your circumstances and help you prove to investigators that your actions were not willful.

Answers to FAQs from Our Indianapolis Tax Fraud Defense Attorney

Here our attorney addresses common questions we receive about tax fraud. For answers specific to your situation, reach out to arrange a consultation with our Indianapolis tax fraud defense attorney. Call (317) 917-8680.

If you are not informed directly by federal or Indiana state tax authorities that you are being investigated, here are some signs to look for:

  • You were undergoing an audit and the auditor has suddenly stopped communicating with you. This could indicate the auditor saw something they believe is fraudulent and handed your case to investigators.
  • You discover the IRS has been talking to business associates, your tax preparer, your ex-spouse or other individuals about your tax situation.
  • You learn that your bank records and other financial documents have been subpoenaed by tax authorities.

If you suspect you are under investigation, contact our attorney who can examine your situation and advise you of your options.

You will not be arrested for tax fraud for making an innocent or careless mistake on your taxes, but you may draw scrutiny from the IRS. As long as you can show that your mistake was not intentional, to avoid paying taxes, you should not face criminal prosecution. You will, however, have to pay the additional taxes that you owe. If the IRS or state is disputing your assertion that your actions were not intentional, do not wait to reach out for legal help from our Indianapolis tax fraud defense attorney.

The federal government generally has a three-year statute of limitations for investigating tax issues. That deadline changes in cases where income is underreported by 25 percent or more or there are other signs of fraud. In those cases, the timeline typically becomes six years from the date of filing the allegedly fraudulent return. Indiana also has a general deadline of three years, unless returns are not filed at all or a return appears to have fraudulent information, in which cases the statute of limitations would be extended.

How long a tax fraud investigation takes depends on the complexity of the case, including how many possible incidents of fraud tax authorities are looking into and how many years of tax filings they investigate. The investigation will take as long as it needs to take for authorities to gather the evidence needed to prove fraud. It could take months or longer. Our tax fraud attorney may be able to resolve the situation early on, depending on your circumstances.

Our Indianapolis tax fraud lawyer understands the anxiety and stress you are experiencing when you are being investigated. You can feel confident that Jerry E. Smith will not back down in pursuing the most satisfactory outcome possible based on the details of your case. Reach out today to arrange a free consultation.

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Attorney or CPA? Which One Do I Need to Handle My Tax Fraud Case?

You Will Be Entitled to Attorney-Client Privilege with a Tax Fraud Lawyer

There are several reasons you should call a tax attorney for help when you are being investigated for fraud. One of the top reasons is that there is no CPA-client privilege, but there is an attorney-client privilege. What you discuss with a CPA could potentially be used as evidence against you. With a tax attorney, you can keep your life private from tax authorities. For example, if you have not filed your taxes for years, you can tell your attorney, who would not need to disclose this information.

Additionally, while a CPA can effectively resolve less complicated tax problems and provide tax planning guidance that can prevent issues from occurring in the first place, in a fraud investigation you need someone on your side with in-depth understanding of what legally constitutes tax fraud and what your rights are under the law. An attorney can build a strong defense for you and argue for your interests in front of tax authorities or in the court of law.

The good news for you is that when you call on Jerry E. Smith for help with your tax problem, you will be getting both a tax attorney and a CPA.  Licensed as an attorney and as a Certified Public Accountant, he will provide you with comprehensive representation in your tax matter, and you will be protected by the attorney-client privilege.

Attorney Jerry E. Smith

Attorney & CPA Jerry E. Smith practices bankruptcy law and tax resolution. Smith’s practice focuses on representing consumer debtors and assisting them in getting a fresh start by reorganizing or eliminating their debt and attempting to put them in the best financial position possible. Mr. Smith has been practicing law since March 1, 2009. Before that, he was and still is a real estate investor. He also previously worked as a Cost Accountant, Financial Analyst, and Internal Auditor for two large multi-billion-dollar international consumer product companies. [ Attorney Bio ]

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    Reach Out to Our Indiana Tax Fraud Attorney for Help

    Being in the sights of the IRS is unsettling. Our Indiana tax fraud attorney will work hard to try to get you an outcome that does not disrupt your personal and professional life. If you have made honest mistakes on your tax filings that have triggered an investigation, Jerry E. Smith can help you come to resolution with the IRS or state. If you have unfiled returns or have underreported income or false deductions, you may potentially avoid prosecution through the voluntary compliance program, which he can counsel you about. Whatever your circumstances, contact Jerry E. Smith to schedule a free consultation. Call (317) 917-8680 today.