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Tax Evasion Lawyer in St. Louis, MO
Taxpayers have the right to pay the minimum taxes required. However, the state and federal governments can charge you with tax evasion if you pay less than that. Combs Waterkotte helps those facing charges of criminal tax evasion. We have over 50 years of combined experience protecting the rights of the accused and advocating for their interests.
Charged with tax evasion in St. Louis? Call (314) 900-HELP or reach out online right away to schedule a free, confidential consultation with our skilled defense team.
Understanding the Difference Between Tax Evasion and Avoidance in Missouri
The difference between tax avoidance and tax evasion is often misunderstood—but it’s a key distinction that could mean the difference between a legitimate tax strategy and criminal charges.
Tax avoidance involves the legal use of deductions and planning tools to minimize taxes owed. Common examples include:
- Contributing to retirement accounts
- Taking lawful deductions and credits
- Using tax-advantaged investment accounts
Tax evasion, on the other hand, is a crime. The IRS and Missouri Department of Revenue rely on taxpayers to voluntarily and truthfully report their income. When someone willfully misrepresents income, underreports earnings, or claims false deductions, they may be prosecuted for evasion.
Unfortunately, the line between avoidance and evasion can sometimes be blurry. A good-faith mistake can trigger an investigation—and in more serious cases, a criminal indictment.
Missouri and Federal Tax Evasion Laws
Missouri law penalizes anyone who willfully attempts to evade income tax. These statutes appear in the revenue code and include penalties for false statements, failure to file, and failure to pay. At the federal level, the Internal Revenue Code includes similar provisions. In both systems, the key factor is intent: prosecutors must prove you acted knowingly and voluntarily to avoid tax liability.
Criminal statutes may apply even when a taxpayer uses a paid preparer. If you sign a return with false information, or knowingly allow a preparer to use questionable strategies, you could be held liable.
Common Types of Tax Evasion Charges in St. Louis, MO
Some of the types of charges our tax evasion lawyers often see include:
Failure to File a Return
Missouri and federal law require you to file annual returns. Willful failure to do so can result in criminal penalties.
Failure to Pay Tax
This charge applies when someone collects income, knows they owe taxes, and makes a deliberate decision not to pay.
False Statements
Filing a tax return with knowingly false income, deduction, or credit information may result in felony charges.
Possible Defenses to Tax Evasion in St. Louis
The defenses your attorney raises against your tax evasion charges are critically important to preserving your freedom. Criminal tax evasion can result in a lengthy prison sentence and seizure of your assets. Conversely, you can resolve non-criminal tax disputes by paying the taxes due, penalties, and interest without facing jail time. A couple examples of possible defenses are:
- Lack of Willful Intent: Both federal and state law require proof that you acted willfully. Honest mistakes, software errors, or incorrect records may support a defense that the alleged conduct was not intentional.
- Good-Faith Reliance: Relying in good faith on a tax professional or financial advisor may defeat the government’s claim of intentional wrongdoing.
