Experienced Criminal Tax Law Firm Protecting Your Interests
If you have learned that you are under criminal investigation for IRS tax crimes – or fear you may be – every call, document request and interview can feel like a trap. The penalties can include steep fines, asset seizures and even prison time.
Kerr Simpson Attorneys at Law helps clients respond strategically, protect their rights and communicate with investigators. The firm’s attorneys can also help you avoid making statements or mistakes that could worsen the situation. Call 702-608-0835 now or reach out through this contact form to learn more.
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What Could Trigger An IRS Investigation?
The Internal Revenue Service’s Criminal Investigation division typically gets involved when the government believes there may be willful wrongdoing, not a simple mistake. Common triggers include:
- Unreported income: This can include cash businesses, side income and offshore income.
- Payroll tax issues: Failure to remit withheld taxes can lead to charges.
- Discrepancies: Large differences between reported income and lifestyle/spending can trigger an investigation.
- Issues with deductions and other tax return details: False deductions, inflated expenses, questionable business write-offs or filing suspicious returns can all lead to greater scrutiny.
- Unpaid taxes: Failure to file for multiple years can escalate an issue.
- Suspicion of hidden assets: Offshore accounts, cryptocurrency issues or issues with structuring transactions can lead to suspicion.
- Referrals: In some cases, banks, employers or other agencies may pass on an issue for investigation. What begins as an audit can escalate to serious charges.
Federal Tax Crimes Nevada Residents Face And Their Penalties
Most IRS criminal cases are federal prosecutions brought by the U.S. Department of Justice after the Criminal Investigation division refers them. Because Nevada has no personal income tax, Las Vegas and Henderson residents rarely face state income tax charges. State cases more often involve sales and use taxes. These federal charges carry the most serious consequences:
- Tax evasion: Willfully attempting to evade a tax is a felony under 26 U.S.C. § 7201. A conviction can bring up to five years in prison and fines of up to $250,000.
- Filing a false return: Signing a return you know is materially false is a felony under 26 U.S.C. § 7206(1). It carries up to three years in prison and the same fine exposure.
- Failure to pay over payroll taxes: Keeping taxes withheld from employee paychecks instead of sending them to the IRS is a felony under 26 U.S.C. § 7202. It carries up to five years in prison.
- Willful failure to file: Knowingly skipping a required return is a misdemeanor under 26 U.S.C. § 7203. Each year can be charged separately, with up to one year in prison per count.
Courts may also order restitution and prosecution costs. A civil fraud penalty of 75% of the underpayment can apply on top of any sentence.
How Long Do IRS Investigations Take?
IRS criminal investigations can take months to years. The timeline can depend on complexity, the number of documents involved and whether the case expands to multiple tax years or related parties. If the agent has a heavier caseload, those other cases could also delay your investigation.
Delays can increase risk. Missed deadlines, inconsistent statements or incomplete responses can hurt your defense and extend the process. It can streamline this process by working with an attorney who can:
- Handle communications carefully and consistently
- Track and meet deadlines and document requests
- Help you avoid common missteps during interviews or negotiations
- Build a defense strategy early, not after charges are filed
Mistakes That Can Damage Your Defense During An IRS Criminal Investigation
Many people damage their own defense before they ever speak with a lawyer. Special agents often arrive unannounced, and the urge to explain everything is strong. The most common mistakes include talking to agents without counsel, shredding or altering records and filing a rushed amended return that reads like an admission. Discussing the case with an accountant can backfire, since those conversations are generally not privileged in a criminal case.
The attorneys at Kerr Simpson Attorneys at Law can help you avoid these missteps by taking over all contact with investigators from the start. If a mistake has already happened, they can review what you said or submitted and work to correct the record where the law allows.
Founding attorney Preston Sterling Kerr brings more than 25 years of business and real estate experience to reviewing financial records. A partner and an associate review every case.
What To Do After An IRS Special Agent Contacts You
A visit from an IRS Special Agent is a serious step up. Revenue agents handle civil audits, but Special Agents work for IRS Criminal Investigation. They look into possible federal crimes and often show up without warning.
Don’t face this stage alone. The attorneys at Kerr Simpson Attorneys at Law guide clients through each step:
- Politely decline the interview: Take the agent’s card and say your lawyer will call. Your attorney then contacts the agent to learn what the investigation covers and whether you are a target, subject or witness.
- Keep every record: Don’t delete emails, shred papers or change your books. Destroying records during an investigation can lead to obstruction charges.
- Wait before handing over documents: Have an attorney review any request or subpoena first. Some requests go further than the law allows.
- Keep your talks privileged: Discuss the case with your attorney, not your accountant or staff. Attorney-client privilege usually doesn’t protect those talks.
Many people fear that calling a lawyer makes them look guilty. But asserting your rights is legal and common. At Kerr Simpson Attorneys at Law, a partner and an associate review every case. The founder has built and sold businesses himself, so the attorneys read financial records like business owners.
Your Rights During An IRS Criminal Investigation
Knowing your rights helps you avoid costly mistakes.
Do I have to talk to an IRS Special Agent?
Can the IRS search my home or business without a warrant?
Can the IRS subpoena my bank records, emails or business records?
Can I be investigated without knowing it?
Why Work With Kerr Simpson Attorneys at Law?
When you face scrutiny from the IRS, you need more than general tax help. You need a defense-focused approach. An experienced team like the one at Kerr Simpson Attorneys at Law can provide clear guidance on what to say, quickly respond to IRS contact and investigative steps, and protect your rights. By working directly with you, they can create a strategy aimed at limiting exposure and pursuing the best outcome available.
Not only does the team at Kerr Simpson Attorneys at Law have a deep knowledge of tax law, the firm also brings a business- and finance-minded approach. It was founded by a successful businessman with decades of experience. Every member of the team brings a detailed approach to assessing records and building a strong case for you.
Take The Next Steps With Kerr Simpson Attorneys at Law
The earlier you act, the more options you may have. If you face an IRS criminal investigation or suspect one is underway, call 702-608-0835 or submit your information here to schedule a confidential consultation with a criminal tax law defense attorney.
