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Posts Tagged criminal tax lawyer

IRS Extends Willful Blindness To Civil Tax Disputes

by Brian Mahany Willful Blindness has long been a tool of federal prosecutors in a wide variety of criminal tax and drug cases. The doctrine holds that one can’t avoid criminal responsibility by simply ignoring the obvious. For example, drug couriers have unsuccessfully attempted argue that they couldn’t be found guilty of transporting drugs since [...]

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Tax Shelter Convictions Reversed; Big Loss For DOJ & IRS

by Brian Mahany The U.S. Department of Justice has suffered a number of defeats lately in white collar criminal cases. While the DOJ still boasts a conviction record that would make any prosecuting agency happy, going after tax cheats appears to be getting more difficult. It’s either that or the IRS is focusing on the [...]

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Feds Proposed New Felony Tax Crime Has Implications For Those Overseas

by Brian Mahany Tax evasion is a felony. Prosecutors must prove that the person accused possessed a willful intent to evade taxes and committed some affirmative or overt act of evasion. Mere failure to pay taxes or file returns are misdemeanors punishable by no more than a year in prison. The difference is the required [...]

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Monkey See, Monkey Don’t

by Brian Mahany Most of the articles we post are designed to help people who themselves the victim of fraud or have difficult tax problems. Sometimes, however, we have to remind ourselves that we can’t save people from themselves. Take the example of Kemp Shiffer, an IRS Special Agent. Several years ago Shiffer was the [...]

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Threatening IRS Agents? Not a Wise Move

by Brian Mahany [Ed. Note: This post contains one of the lighter moments in the tax field. Most of our posts are geared to current and more pressing tax issues.] No one likes the tax man. No one. When I served as head of Maine’s state revenue service I paid my taxes but didn’t enjoy [...]

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