Tax Evasion

• Author: Jeffrey Lehman, Shirelle Phelps

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The process whereby a person, through commission ofFRAUD, unlawfully pays less tax than the law mandates.

Tax evasion is a criminal offense under federal and state statutes. A person who is convicted is subject to a prison sentence, a fine, or both. The failure to file a federal tax return is a misdemeanor, but a consistent pattern of failure to file for several years will constitute evidence that these failures were part of a scheme to avoid the payment of taxes. If this pattern is established, the violator may be charged with a felony under section 7201 of the INTERNAL REVENUE CODE.

The U.S. Supreme Court, in Spies v. United States,317 U.S. 492, 63 S. Ct. 364, 87 L. Ed. 418 (1943), ruled that an OVERT ACT is necessary to

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give rise to the crime of INCOME TAX evasion...