Tuesday, April 14, 2009

April 15th - Tax Day Is Approaching

One can easily tell that tax day is getting near by just looking at the DOJ Press Releases.  Although tax prosecutions occur year round, one can't help but notice the many appearing around April 15th.  In a way this publicity is good, because what better way to achieve general deterrence then publicizing the ramifications of not filing a tax return, or filing an improper one. Although some of these are indictments, and the individuals are of course presumed innocent until convicted, if they are, here are some of the latest press releases -

DOJ Press Release, Louisiana Tax Defier Convicted on Federal Tax Charges -Defendant Had Filed Millions of Dollars in Fictitious Liens to Harass Law Enforcement

DOJ Press Release, Federal Court Blocks Chicago Tax Preparation Firm from Claiming Improper Tax Credits -Tax Preparer Allegedly Claimed Fraudulent Fuel Tax Credits for Customers

DOJ Press Release, Bronx Return Tax Preparer Indicted for Aiding in Preparation of False Tax Returns

DOJ Press Release, Disbarred Maryland Attorney Pleads Guilty to Preparing False Tax Returns

And of course, one also finds DOJ issuing this week the highlights of the 2008 year, which includes mention and reference to the  UBS deferred prosecution agreement.



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Deterrent effect, yes. But don't forget that April 14 is when the statute of limitations runs out for all those failures to file that occurred six years earlier, 26 USC 6531(4), and the attempted evasion cases where the last overt act was a failure to file, or the filing of a fraudulent return on April 15. Id.(2). So the more that prosecutors have procrastinated their indictment filings, much as the rest of us may procrastinate our tax return filings, you will see a lot of action each year just prior to 4/15 for SOL reasons.

Posted by: Peter G | Apr 14, 2009 5:13:40 PM

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