Tax evasion is an illegal practice where a person, organization or corporation intentionally avoids paying his/her/its true tax liability. Those caught evading taxes are generally subject to criminal charges and substantial penalties. The federal crime of tax evasion is set forth in 26 U.S.C. § 7201 and the Tennessee crime of tax evasion is found at Tennessee Code Annotated § 67-1-1440(g).
The elements of a violation of 26 U.S.C. § 7201 are: (1) existence of a tax deficiency; (2) an affirmative act constituting an evasion or an attempted evasion of the tax; and (3) willfulness. United States v. Nolen, 472 F.3d 362, 377 (5th Cir. 2006). The three elements of the federal crime of tax evasion can be defined as:
The IRS may assess tax evasion charges against an individual, an organization, or a corporation that may result in additional penalties and the possibility of a felony conviction with fines of up to $250,000 for individuals or $500,000 for corporations and/or up to five years of imprisonment.
If you are currently under investigation or have been charged with federal or Tennessee tax evasion, you need an experienced, knowledgeable tax and criminal defense attorney who can inform you of your rights, guide you through federal civil and criminal tax procedures, and create an effective defense strategy to help protect your financial and personal well-being. For a FREE CONSULTATION contact Norman D. McKellar today at 865-566-0125.