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When asked for a comment, he said, “When it comes to doing taxes, mistakes happen. However, tax authorities are quick to imply malicious intent and accuse taxpayers of evading taxes. Here are some need-to-know facts about tax fraud cases.”
Goldburd pointed out that it's essential to understand the difference between evading taxes and avoiding taxes.
When asked about what sets the two apart, Goldburd replied by saying, “Taxpayers often avoid taxes by using tax deductions to minimize tax liability or by not filing tax returns if they haven’t met the federal minimum. Both of these cases are completely legal for US taxpayers.”
“However, the picture shifts when it comes to evasion, which includes not filing taxes even though the federal minimum has been met or making false claims or statements – both of which the IRS considers fraud,” he said.
If tax authorities suspect that someone has evaded taxes, they must prove intent to commit tax evasion.
When asked to elaborate, Goldburd said, “Anyone prosecuting tax fraud – both at the state and federal levels – must prove that that person intentionally provided incorrect information to sidestep the IRS tax system. On top of this, they must also prove that the person in question knowingly provided the incorrect information on their return.”
According to Goldburd, many well-intentioned taxpayers make innocent mistakes in their statements or on their tax forms, which is one route that tax attorneys may take when arguing a case.
“In other words, it can be difficult for prosecutors to prove that someone was attempting to defraud the IRS unless the defendant was able to benefit from the inaccurate information,” he added.
“If you’re involved in a tax fraud case, the best thing to do is consult with a seasoned tax attorney who can help you get the best possible outcome for your case. It’s worth mentioning that you should do this immediately as thoroughly preparing your case – such as investigating a tax return and financial records and speaking with witnesses – is a time-consuming process,” he said.
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