Exam 16: Tax Fraud
Explain how the Internal Revenue Code treats force and intimidation in regards to interference with tax laws.
Notice that IRC § 7212(a) does not require the person to be successful in his endeavor to intimidate, obstruct, or impede; therefore, the actions of a violator do not have to affect an investigation - the government need only show that the person intended to intimidate or impede. Force - or even the explicit threat of force - is not required for successful prosecution under this section. Implicit threats, such as a taxpayer displaying a firearm in view of an IRS agent or bragging about his success in firearm target practice could, under certain circumstances, be sufficient to trigger the imposition of IRC § 7212(a). Furthermore, the person making the threat or otherwise obstructing an investigation does not have to be the taxpayer under investigation. For example, if John T. Obstructor impedes the investigation of another taxpayer, John can be prosecuted under IRC § 7212(a). In fact, the reach of IRC § 7212(a) is so broad, the offense does not have to be directed at a specific officer or employee of the government for a conviction to occur because of the manner in which the section is worded: "......or in any way corruptly or by force or threats of force (including any threatening letter or communication) obstructs or impedes, or endeavors to obstruct or impede, the due administration of this title....." IRC § 7212(a) then, applies to a broad range of offenses.
Actions that provide evidence that a process was deliberately done to deceive, undermine, or conceal the true nature of events is referred to as:
C
Accountants, enrolled agents, tax preparers, and attorneys are those who practice tax in various capacities.
Can the Fifth Amendment be invoked by a taxpayer when it comes to willful failure to file return, supply information, or pay tax; why or why not?
If the IRS brings charges under both violations of IRC § 7201 and IRC § 7203, and the jury finds them not guilty for IRC § 7201, what happens with the charges under IRC § 7203?
According to IRC § 7201, any person who willfully attempts to evade or defeat any tax imposed by the Internal Revenue Code will be guilty of a felony.
If a taxpayer fails to file their taxes, what is the penalty?
Which constitutional amendment laid the foundation for the IRS to be formed?
According to 18 USC § 2, any person who commits an offense against the IRS statutes and codes has also committed a crime against the _________ and will be punished as a principle.
What is the monetary definition of "substantial" in regards to the amount of money evaded to pay tax upon?
The Internal Revenue Code is contained within which title of the U.S. Code?
For ease of communication, if we were describing Title 26, Subtitle A, Chapter 1, Subchapter B, Part VI, § 179 we would simply referred to as:
For self-employed individuals, a 25.3% self-employment tax is imposed on net self-employment income.
Describe the formula specified for calculating an income tax underpayment and what each component of it means.
Under IRC § 7212(a), what does the government have to prove?
The type of analysis that is based on the expected receipt of cash by the entity against which fraud is suspected is called:
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