Wesley Snipes not indicted for tax fraud if Joe Mastriano, CPA represented him before IRS

My clients are not charged with fraud for failure to file IRS taxes, fraudulent claims for tax refunds, or other IRS problems, causing liens, delinquency notices, summons, or levies.

Mr. Snipes apparently got the wrong advice. Most respected CPA's and Attorneys know better then to take extreme risks with the IRS. It's one thing to protest the tax laws. There are political forums for that. It is quite another to blatantly ignore the IRS guidelines. These guidelines, whether we feel they are fair or not are strongly supported by the  federal and state governments who will go to great lengths to prosecute violators.

I represent many taxpayers who fail to file their returns. I assist these people in filing their delinquent back tax returns. The IRS must prove willfulness in order to find you guilty of a crime. Out of thousands of clients, this has never been an issue!

In my opinion you have to be looking for trouble to be charged with willful failure to file.

As for fraudulent claims for refunds; why claim a refund you are not entitled to. I have represented many taxpayers who "overstated" deductions on their returns, had no receipts, or valid explanations for the deductions, etc. and again the issue of willfulness or prosecution has never come up. You have to blatantly disregard the rules and almost make an enemy of the IRS auditors, to get them to want to do the work involved in a criminal investigation.

My experiences have led me to the conclusion that the IRS really isn't looking to prosecute taxpayers for non-filing or claiming improper deductions. They really want people to be in compliance with the tax laws, and will often help you to get into compliance. They are aware of companies that mislead innocent taxpayers into thinking that they really do not have to file or pay taxes.

So, if you get "caught" so to speak, the best thing to do is own up to the mistake and correct the situation. The IRS is O.K. with that. You may even get out of paying most of the penalties.

That's the advice I would have given to Mr. Wesley Snipes, who obviously attempted to continue his view of the matter, even after being told by the IRS what the penalties are for willful non filing and willfully making fraudulent claims for refunds. That's my opinion for what it is worth!

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