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December 16, 2025
Why Estate Planning Matters in New York: Wills, Trusts, and Peace of Mind
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November 18, 2025
Resolving Business Disputes in New York: Why Legal Strategy Matters
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October 21, 2025
How to Handle an IRS Audit: What You Should Know Before Responding
September 23, 2025
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August 26, 2025
Tax Controversies in New York: Protecting Your Rights Against the IRS and State Authorities
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July 29, 2025
What to Expect When Your Case Goes to Federal Tax Court in New York
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June 3, 2025
What New York Entrepreneurs Need to Know About Business Formation
May 6, 2025
Estate and Trust Planning Solutions for Families and Business Owners in New York
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April 8, 2025
Discover how to form an LLC in New York with ease. Follow our detailed guide on naming your LLC, filing paperwork, publishing notices, and meeting state requirements. Auerbach Law Group, P.C. provides experienced legal support to streamline the process.
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By Auerbach Law Group, P.C. February 28, 2025
Filing a false tax return is a serious offense that can lead to severe penalties, including fines and imprisonment. However, individuals accused of this crime may have legal defenses that can help challenge the charges. Understanding these defenses is essential for anyone facing allegations of tax fraud. Lack of intent to deceive One of the strongest defenses in a false tax return case is proving a lack of intent. The prosecution must show that the taxpayer willfully misrepresented information. Honest mistakes, such as miscalculations or misunderstandings of tax laws, do not meet the legal standard for fraud. If errors were made without intent to deceive, this defense may apply. Reliance on a tax professional Many taxpayers seek assistance from accountants or tax preparers. If an error occurred due to a professional’s mistake, this could serve as a defense. Demonstrating reliance on a tax expert , especially if the taxpayer provided accurate information, may help argue against willful wrongdoing. Insufficient evidence The burden of proof lies with the government. Prosecutors must present clear and convincing evidence that a taxpayer knowingly submitted false information. If the evidence is weak, inconsistent, or based on assumptions rather than facts, the defense can challenge the case’s credibility. Statute of limitations Tax fraud cases have a limited time frame for prosecution. Generally, the Internal Revenue Service (IRS) has six years to bring charges for criminal tax violations. If authorities pursue a case after this period, the defense can argue that the charges should be dismissed. Correcting the mistake If a taxpayer voluntarily corrects errors before the IRS begins an investigation, it may demonstrate good faith. Filing an amended return or paying the owed amount can help reduce penalties and weaken the prosecution’s case. Allegations of filing a false tax return require a strong legal strategy. Understanding the available defenses and acting quickly can help those accused of tax fraud challenge the charges effectively.
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