When I first started practicing, tax cases were rare. Since I’ve been an attorney I’ve seen how run of the mill white collar crimes take on a tax element. In my opinion, the reason for this is so that the Government can pressure my clients to plead "guilty" because of the fear people have of the IRS.
In the past decade I have taken an unusual tack in cases where the IRS is involved. No longer do I assume that the IRS agents know the law or even their own guidelines. I have gotten away from hiring CPA’s as experts because they look at tax cases from a civil as opposed to criminal standpoint. I attack the premise that any law has been broken. I try to show that had the agents followed their own guidelines my clients would not have even been investigated. Once I began to change how I approached tax cases I saw immediate results.
Since I have opposed almost all of the IRS agents in the Eastern District of Missouri and Southern District of Illinois they know that my approach is to attack the investigation from the outset. I have been pleasantly surprised at the errors the IRS agents make in their investigations and am amused when they have to admit these errors either from the witness stand or to the Assistant U.S. Attorney handling the case.
For example, I had a case where I was able to prevail on a loss argument where the IRS believed my client had defrauded the Government of millions of dollars. Judge Reagan granted my Motion For Variance and sentenced my client to only 18 months in the Bureau of Prisons.
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