Missouri Tax Fraud Lawyer

Taking the Fear Out of Allegations of Tax Fraud

Allegations of tax fraud can get you into a lot of trouble –– in both criminal and civil courts. If found guilty in the former and liable in the latter, you can expect the possibility of incarceration and large fines. Tax fraud is serious, and punishments can be severe, so you are right to be worried if you are the subject of this type of accusation. 

Federal and Missouri state tax codes are complicated, which can make it difficult to maintain compliance. If you have found yourself under investigation for tax fraud or evasion, or have been charged or sued, you do not have to deal with this overwhelming problem on your own. With the right strategies and legal assistance, you can avoid tax fraud allegations altogether.

At Birk Law Firm, our tax fraud lawyer will act proactively to help you address any tax issues you may have or think you might have. If allegations of tax fraud have already been filed, we will carefully review your case and guide you through the process. We will be swift and thorough in our response to the Missouri Department of Revenue (DOR) or the Internal Revenue Service (IRS). 

We provide a free initial consultation to evaluate your situation and determine the best way to help. Call us today and find out why Birk Law Firm is trusted by your community members throughout Cape Girardeau.

Why Choose our Tax Fraud Lawyer

Tax fraud is a big deal. Sometimes it is deliberate, while other times it is a matter of making unintentional errors. Either way, it can lead to serious fines and even time in prison. In the long-run, tax fraud can cost you more than you ever thought a shortcut here or there could save you. If it is financial interests you seek to protect, consider strategies for tax avoidance – not fraud.

Our tax fraud lawyer can help you with these types of strategies. On the other hand, if it is an honest mistake that led to tax fraud charges, it really is not tax fraud, but you must persuade the government of the same.

As a business and tax law attorney and a Certified Public Accountant (CPA), Kelvin Birk offers unique services to clients. Here are a few good reasons why you should hire our firm: 

  1. We are client-driven. Our business is to make your life easier, with less stress and more financial freedom. Our accounting and legal services are driven by a passion to help our clients; in return, they often testify to the quality of our services.
  2. We get results. We are creative and use extensive experience in law and accounting to provide the best services that maximize chances for positive outcomes.
  3. We are experienced. Attorney Kelvin Birk has 50 years of combined experience in accounting and the law – particularly business law and tax law.
  4. We have built a network. We have a network of people and resources that complement our legal and accounting services.
  5. We negotiate. If you are investigated for, charged with, or sued for tax fraud, you need a good negotiator to help prevent charges or keep a lawsuit from going any further than the initial steps.
  6. We offer free initial consultations. We know you are already worried about money. We offer a free initial consultation with no obligations.

Most accountants are not lawyers. Most lawyers are not accountants. Luckily, Kelvin Birk is both, and he employs these disciplines to help his clients effectively fight allegations of tax fraud or to prevent the same.

How Our Missouri Tax Fraud Attorney Can Help

Fighting accusations of tax fraud involves complex legal challenges that demand in-depth knowledge of tax laws, regulations, and legal proceedings. Timing is critical, as you must respond appropriately and strategically within the time frame allowed by law.

 At Birk Law Firm, we start working for you immediately to build a robust defense strategy to navigate the legal complexities and potentially mitigate the consequences of the charges. When you have us on your side, we will:

  • Meet with you to discuss whether the tax fraud suspicions, or accusations, are truly based on your carelessness or misunderstanding of state and federal tax laws and the charges are based on an honest mistake on your part
  • Make sure all legal requirements are met and that proper documentation is filed in a timely manner
  • Analyze evidence to identify weaknesses in the prosecution’s case and formulate an effective defense strategy tailored to the specific circumstances of your charges
  • Create a strong defense by collecting the documentation that supports your story, putting forth a strong explanation, and negotiating how to best resolve the matter
  • Represent you in court if negotiations fail and defend you by providing evidence, cross-examining witnesses, and making compelling arguments in your favor
  • Offer guidance and protect your constitutional rights and mitigate punishments if you or someone else deliberately misled or made fraudulent statements that impacted your tax returns.

When you contact us, we will discuss your tax fraud matter and, if appropriate, intervene promptly to prevent a criminal prosecution or lawsuit from proceeding. We will be persistent and negotiate a payment plan or tax settlement to which all parties agree.

Tax Fraud Lawyer Explains Charges and Punishments

Tax fraud is an intentional conduct where a person or business purposefully underpays taxes or engages in fraud by trying to hide taxable assets. Mistakes and carelessness are not considered tax fraud.

Some examples of what the Internal Revenue Service (IRS) or the Missouri Department of Revenue (DOR) consider to be tax fraud include:

  • Failure to file tax returns or make required payments
  • Understating income, concealing taxable assets, or dealing in cash to avoid taxes
  • Providing inadequate records or inconsistent explanations of tax records
  • Lying, concealing, or delaying tactics to mislead the IRS agents in their investigation 
  • Claiming personal expenses as business expenses
  • Claiming false deductions or exaggerating amounts
  • Entering false amounts into the books or keeping two sets of books.

Penalties for tax fraud

If you are found guilty of tax fraud in Missouri, Missouri state criminal penalties under Title X, Taxation and Revenue, Missouri Revised Statute § 143.911, can include:

  • Up to $10,000 in fines; and/or
  • Up to one year in the county jail; or
  • Between two and five years in the state penitentiary; and
  • Cost of prosecution.

Federally, under 26 U.S.C. § 7201, you can face harsher penalties, including but not limited to:

  • Up to $100,000 in fines for individuals; or
  • Up to $500,000 in fines for corporations; and/or
  • Up to five years in federal prison.

You can also face civil penalties – either civil fraud penalty or an accuracy-related penalty. 26 U.S.C. § 6663 imposes a civil fraud penalty of 75% of the portion of underpayment that is due to fraud. Alternatively, a 20% accuracy-related penalty could be imposed (not both) pursuant to 26 U.S.C. § 6662.

Defenses for Tax Fraud

To win its case, the government must prove that the taxpayer intended to misreport or evade the taxes and knew of the possible consequences. Several defenses can be used when there is insufficient evidence of intentional or purposeful conduct. Depending on the situation, these may include:

  • Insufficient evidence that you willfully avoided paying taxes. The failure to pay was not willful, but due to forgetfulness, a mistake, or some misunderstanding of the law.
  • The IRS made an error calculating your taxes.
  • The statute of limitations to file a charge of tax fraud against you has passed.  The deadline to file a case is generally 6 years from the date of the alleged tax fraud or evasion in situations where you don’t report income that you should have reported, and it’s more than 25% of the gross income shown on the return, or it’s attributable to foreign financial assets and is more than $5,000.
  • There was entrapment, which occurred when the government compelled you to commit a crime you otherwise would not have committed. 

Remember, for a conviction, the government must prove that the taxpayer intended to evade the taxes and knew of the possible consequences of the wrongdoing.

Tax Fraud FAQs

If you are being investigated for tax fraud, it’s normal to have many questions and concerns. These are best addressed at your initial consultation, but to get started, here are some answers to questions our attorneys are often asked:

What is the difference between tax fraud, tax evasion, and tax avoidance?

Tax fraud applies more generally to illegal activity involving taxes, and tax evasion is one type of tax fraud. Tax evasion occurs when a person attempts to evade taxes by, for example, dodging a tax assessment or payment of tax. Tax avoidance is a lawful means to avoid paying taxes, usually done by using tax deductions and other loopholes to your benefit.

How does the IRS come to suspect tax fraud?

The IRS suspects tax fraud from either income tax audits or from payroll tax audits that show significantly understated income, overstated deductions, or cash payments. If the IRS does discover tax fraud, they will ask to interview you and ask you a series of “why” questions. Those are the questions you don’t want to answer because that tends to show specific intent. The IRS revenue agent is looking for evidence of fraud.

What if I lie to the IRS?

Lies, misrepresentations, and false statements can be used against you. Make sure that everything that you say to the IRS reconciles with the books and the records.

Do I need an attorney for tax fraud?

Yes. When the state or the federal government pursues tax fraud cases, they do it with the backing of all their support staff, lawyers, and resources. It is critical that you have smart, resourceful legal representation to protect your interests; trying to fight the government on your own can only increase the stakes. 

At Birk Law Firm, we know that informed clients make better decisions for themselves. Alongside the CPA and legal services we provide, we also make sure you understand the process and will always be there to answer all your questions.

Get Help from Our Strategic Tax Fraud Lawyer in Missouri

State and federal tax codes are overly complicated, and without a background in tax law or accounting, it can be difficult to strictly comply with the codes. Failing to comply can lead to investigations and legal woes with either or both the IRS and the DOR. 

Make sure you do taxes right, as mistakes can be costly and tax fraud accusations can lead to very dire situations. There are legal ways to protect your assets. Kelvin Birk, as both a CPA and tax lawyer, will discuss your tax situation with you and come up with smart, proactive strategies. Plus, we can make sure, year after year, that your taxes are filed timely and properly. With Birk Law Firm, you get the benefit of a CPA’s insight coupled with the knowledge of a business and tax law attorney.

Get help now so that we can start addressing the issues before they become a problem.

Call Birk Law Firm today at 573-332-8585 to schedule a free initial consultation.

Attorney Kelvin Birk

Kevin Birk AttorneyKelvin Birk is a lawyer as well as a certified public accountant, with more than 30 years of experience in accounting and tax and business consulting, and more than 20 years of experience in numerous legal matters. This combined expertise allows our law firm to provide a level of service above that of other firms. Whatever your legal situation, your attorney at Birk Law Firm can counsel you as to the tax implications. We have experience in providing myriad legal representation services to residents of southeast Missouri and other areas. [ Attorney Bio ]


Why Choose Birk Law?

Birk Law Firm is a small firm by choice that is big on client services. Attorney Kelvin Birk and his team are responsive to their clients’ needs. When we sign on as your law firm, you can count on us for strong legal counsel, from negotiations to settlement to trial.

Cape Girardeau Law Firm Kelvin BirkOur clients benefit from the intertwining of Kelvin Birk’s legal and CPA background and experience. We provide well-rounded advice to solve both legal and financial issues and to come up with creative solutions. We use modern technology to deliver legal services in a more efficient and client-focused manner than was previously possible.

We provide personalized and compassionate service. We believe that each client’s matter is the most important matter in the world to them, and we strive to treat it that way.


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