Tax Evasion and Failure to File Texas

An Overview of Federal Prosecutions for Title 26 (Income Tax) Violations

by John Teakell Attorney-At-Law
Dallas, Texas

I. INTRODUCTION

This memo is divided into three main parts and several subparts. The main parts are: 1) statutes and applicable caselaw; 2) the standards for classifying a particular transaction as a gift or loan and important tangentially related issues to the classification; and 3) explaining why it appears that the government can prosecute a transferee even though a donor has already prosecuted regarding tax evasion.

One idea is to argue that payments received are gifts. If the payments are characterized as gifts, then paying the gift tax is the donors’ responsibility. However, there is a guarantor-type liability on the part of the donee as well, meaning that the IRS can collect the transferor/donor’s gift tax deficiencies from the transferee/donee, even though it is really a donor tax. As for who must report the gift tax, the onus appears to be on the donor to file the return.

II. FEDERAL STATUTES, JURY INSTRUCTIONS, AND CASELAW

If you or a loved one has been accused of an income tax evasion charge contact federal tax evasion attorney John Teakell for your 100% free consultation by submitting your information here. If you are only researching the topic, continue below.

>