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Tax Return Preparer Wins Federal Criminal Tax Trial in Stunning Fashion.

Tax Return Preparer Wins Federal Criminal Tax Trial in Stunning Fashion.

Sergio Gardea an accountant and tax return preparer with offices in Akron and Canton, Ohio prevailed in his federal jury trial in dramatic fashion with an unanimous NOT GUILTY verdict on all counts. Mr. Gardea had been charged with 30 counts of willfully filing false tax returns for clients. During the trial 9 counts were dismissed by the government and the jury found Mr. Gardea NOT GUILTY on all 21 counts remaining.

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The Required Records Doctrine is the Weapon of Choice of the Government When Prosecuting Taxpayers For Failure to File FBAR Reports and Account For Taxes

The Required Records Doctrine is the Weapon of Choice of the Government When Prosecuting Taxpayers For Failure to File FBAR Reports and Account For Taxes

The Government Has Focused a Considerable Amount of Energy To Prosecute Taxpayers Who Failed to File FBAR Reports and Accurately Account For Taxes. The Government has used the Required Records Doctrine to compel taxpayers to produce foreign bank account records.

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The Refusal of the Court to Instruct the Jury That Willful Failure to Pay Under 7203 Was a Lesser Included Offense of Tax Evsion Under 7201 Was Held to be Reversible Error.

In a tax evasion case in which the taxpayer is charged pursuant to section 7201 of the Code, it is reversible error for the trial court to refuse the taxpayer's request to instruct the jury that willful failure to pay a tax under section 7203 is a lesser included offense, if the facts of the case would permit a reasonable jury to find willful failure to pay and not the additional act of concealment required to prove tax evasion.

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Sentence for Taxpayer Convicted of Tax Evasion was Based Upon Tax Loss Including Penalties and Interest

Taxpayer attempted to pay tax liens with checks from bank accounts that had been closed. The taxpayer was convicted after a jury trial of tax evasion. The Court sentenced the taxpayer based upon tax loss including interest and penalty since the taxpayer attempted to defraud the IRS for the entire amount.

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Georgia Couple Sentenced to Prison in a Stolen Identity Tax Refund Fraud Scheme Involving IRS “Get Transcript” Database

Georgia Couple Sentenced to Prison in a Stolen Identity Tax Refund Fraud Scheme Involving IRS “Get Transcript” Database

An Austell, Georgia, couple was sentenced to prison for their role in a stolen identity tax refund fraud scheme.

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Rhode Island Tax Return Preparer Pleads Guilty to Preparing Fraudulent Returns and Aggravated Identity Theft

A Cranston, Rhode Island, resident pleaded guilty yesterday to aiding and assisting in the preparation of false tax returns, wire fraud, theft of government funds and aggravated identity theft.

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Businessman Pleads Guilty to Foreign Bribery and Tax Charges in Connection with Venezuela Bribery Scheme

 Businessman Pleads Guilty to Foreign Bribery and Tax Charges in Connection with Venezuela Bribery Scheme

The owner of multiple U.S.-based energy companies pleaded guilty to foreign bribery and tax charges for his role in a scheme to corruptly secure energy contracts from Venezuela’s state-owned and state-controlled energy company, Petroleos de Venezuela S.A. (PDVSA).

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CPA Found Not Guilty of Tax Violations Following Jury Trial, United States v. John P. Miller, Case No. 12-CR-60025-KMW

CPA, John Miller, accused of various tax violations, was found not guilty on all counts by a jury following trial.

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Taxpayer Convicted of Tax Offense Found to Have Waived Valid Venue Challenge, U.S. v. GROSS, LEXIS 23286 (6th Cir. 2010)

Defendant was found guilty of filing false tax returns and other related offenses. The Court held on appeal that the taxpayer had waived a valid venue challenge.

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