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Posts Tagged failure to pay

“We’re Not Collecting Taxes At Gunpoint…” IRS Criminal Investigations Post

The title of this story comes from a great quote carried by WSB TV in Atlanta on Thursday. Josh Waite, head of Georgia Revenue Department’s special investigation unit said, “It’s a law enforcement agency. We’re not collecting taxes at gunpoint but we are going after the criminals that are stealing tax dollars.” Waite was talking [...]

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Trust Fund Recovery Penalty – Are You Liable?

The Trust Fund Recovery Penalty is a powerful weapon in the IRS’ arsenal. Under Internal Revenue  Code section 6672, responsible officers and individuals can become liable for unpaid trust fund taxes. These include most payroll taxes such as income tax withholding, social security and Medicare. That means if a business fails to pay these taxes, [...]

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IRS Criminal Tax Charges – Paper Tiger or Real Dragon?

For years we have claimed that the IRS operates the nation’s best publicity machine. Whenever someone is indicted for tax evasion, refund fraud or other criminal tax case the IRS is there with a press release and some great sound bites for the media. The IRS doesn’t act alone. Usually IRS news bulletins outlining criminal [...]

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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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Florida Restaurant Owner Arrested For Sales Tax Violations, Faces 30 Years

by Brian Mahany It’s ironic that if you rob a bank with a gun you face less jail time in many states than if you fail to collect or remit sales tax. In Florida, the threshold for a felony offense is as low as $300. While a first offender who pockets a few bucks in [...]

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It Can’t Happen Here… Can It?

by Brian Mahany Although we are best known for our foreign reporting tax work, we handle many criminal tax cases. While we see a fair number of people with unreported foreign bank and brokerage accounts, we also see the traditional “bread and butter” tax evasion cases involving cash transactions or two sets of books. Often [...]

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