
Montgomery Tax Crime Attorney
Facing tax crime charges can be an overwhelming experience. If you’ve been charged with a criminal offence, you need to act quickly. Having a Montgomery tax crime lawyer on your side can make a significant impact in getting a positive outcome for your case.
The team at The Law Office of Richard K. Keith has over three decades of experience representing clients in criminal cases, including tax crimes. Our firm can provide a robust criminal defense at the state and federal levels. Our familiarity with the procedures and local judges of the U.S. District Court for the Middle District of Alabama in Montgomery and the Fifteenth Judicial Circuit of Alabama in Montgomery County helps us tailor our legal strategy to your unique needs and case.
Types of Tax Crimes
Millions of people file tax returns and pay taxes every year. In 2024, the IRS processed about 161 million individual tax returns. A tax crime is a willful, illegal act committed by an individual or business to avoid paying taxes or defraud the government. In 2024, 360 cases of tax fraud were reported to the U.S. Sentencing Commission. Tax crimes in Alabama involve:
- Tax evasion. Tax evasion is the willful attempt to evade taxes or evade tax assessments. Under 26 U.S.C. §7201, it can include keeping more than one set of books, concealing assets, or false invoices.
- Failure to pay taxes. If someone willfully fails to file their return or pay the taxes they owe, it is a criminal offense.
- Filing false returns. Filing false returns involves knowingly or willfully filing fraudulent or false returns, claims, or tax documents.
- Criminal tax fraud. Criminal tax fraud involves schemes such as knowingly claiming false exemptions or failing to report income.
If someone aids or assists in filing or preparing false tax documents, it can also be a criminal offense. If you are charged with any of these, contact a Montgomery tax crime attorney without delay.
Possible Defenses for Tax Crimes
In a tax crime case, like other criminal cases, the burden of proof is on the prosecution. Some common defenses a Montgomery tax crime attorney may consider for your case include:
- Lack of intent. This includes proving you did not intentionally try to evade paying taxes.
- Lack of sufficient evidence. This defense challenges the government’s evidence and argues that the government did not meet its burden of proof.
- Statute of limitations. A possible defense may challenge the prosecution’s failure to file within the required time limit.
- Mistakes. An attorney may demonstrate that an omission or discrepancy was a mistake and not intentional.
- Tax law compliance. If you made an effort to comply with tax laws and correct past errors, it can be used in your defense.
Tax Crime Penalties
The penalties for tax crimes in Alabama vary by case. Section 40-29-110 of the Code of Alabama 1975 refers to tax evasion. If found guilty under this code, a person may have to pay up to $100,000 in fines and face up to five years in jail.
In Alabama, if you are found guilty of failure to file taxes under Section 40-29-112, Code of Alabama 1975, you can be fined up to $25,000 and receive up to one year in jail. Filing a false return can be punishable by a fine of up to $100,000 and up to three years in jail. In addition to the fines and possible jail time, if you are found guilty of tax evasion, the Alabama Department of Revenue or the IRS may require you to pay back taxes.
Why Hire a Tax Crime Lawyer
If you are facing criminal charges for a tax crime, it is important to hire a tax crime lawyer. An attorney familiar with tax crime laws can help protect your rights and build a strong defense by conducting a thorough analysis of your financial records and your tax records.
An attorney may negotiate with the IRS or Alabama state tax agencies and represent you in court if your financial records are audited and in any administrative proceedings. They can also identify errors or misunderstandings that could help lessen the charges.
FAQs About Tax Crime Law
Most tax crimes attorneys charge an hourly rate. They may ask for a retainer up front that they can charge until it runs out, and then charge their hourly rate for the remainder of the case. The amount you have to pay depends on the complexity of the tax crime case, the amount of time it takes to investigate the case, and prepare the defense.
It is possible to go to prison for tax evasion, but jail is typically the punishment reserved for willful intent to commit fraud. Tax evasion is a felony punishable by up to five years in prison and thousands of dollars in fines. A good attorney can help mitigate the charges against you.
In most cases, a tax-evasion case starts with an audit of a filed tax return. If the IRS finds errors that the taxpayer knowingly committed and finds a pattern of errors over several years, it can investigate further. They often look for unreported income, leaving out transactions such as the sale of a business or income from a side business.
Tax crime cases can be either civil or criminal, depending on how severe the charges are. A willful intent to evade taxes is a criminal offense in Alabama. A civil case often focuses on collecting unpaid taxes and penalties. A single act of nonpayment or negligence is typically a civil case. Connect with a tax crime attorney for more specifics about your case.
Contact a Tax Crime Attorney
If you are convicted of a tax crime, the consequences can be life-changing. Having an experienced attorney by your side can make a big difference in your case. Contact The Law Office of Richard K. Keith today for help. We can work to protect your rights, build a strong case that challenges the evidence, and develop a defense that pursues a positive outcome.