Copyright © 2023 O'Connor, Acciani and Levy. All rights reserved.
Reporting a company or individual for tax fraud is not only the right thing to do, it could also benefit you financially as whistleblowers may be entitled to a percentage of the recovered funds.
However, filing a tax fraud claim with the Internal Revenue Service (IRS) is a complicated process that could take years to complete. This is why you could greatly benefit from hiring a Cincinnati tax fraud lawyer to represent you. He or she can manage your case from start to finish, protecting your best interests.
Schedule a free, no obligation consultation today to review your situation. Our whistleblower attorneys can determine if you have grounds for a whistleblower claim, as the IRS has specific filing requirements.
If you know about any individual, company or other entity committing any of the following types of tax fraud, our team may be able to file a claim on your behalf to pursue compensation:
The tax fraud attorneys in Cincinnati at O’Connor, Acciani & Levy are ready to review your situation to determine if you have a case. Schedule a free consultation today to discuss your potential options.
There are two sections of the Internal Revenue Code (IRC) that allow whistleblowers to file claims and potentially receive a portion of the funds recovered by the IRS: IRC 7623(a) and IRC 7623(b).
IRC 7623(b) covers cases where the amount of money in dispute is greater than $2 million. If the case involves an individual, his or her gross income cannot exceed $200,000 for any year at issue in the case. IRC 7623(a) covers any whistleblower claims not covered by IRC 7623(b).
Certain types of claims will not be processed under either section of the IRC, including claims filed by:
Other types of claims that will not be processed under this section include claims that:
A tax fraud attorney in Cincinnati can review your situation to determine if you have grounds for a claim under either of these IRS laws. Your lawyer can guide you through every step of the process, fighting for your best interests.
If your case leads to judicial or administrative action, such as an audit or investigation resulting in the collection of proceeds, you may be entitled to a portion of the recovered funds that will be based on additions to taxes, penalties, interest and other amounts collected from administrative or judicial action.
If you are filing a claim under IRC 7623(b), our tax fraud lawyers in Cincinnati may be able to recover between 15 and 30 percent of the recovered funds. There is no limit on the dollar amount of your award.
However, you can only recover up to 10 percent of the funds if the case was principally based on the disclosure of specific allegations resulting from:
If you are filing a claim under IRC 7623(a), there is no minimum percentage of compensation you will be awarded if you prove tax fraud occurred. The amount of your award is at the discretion of the IRS and it can be no more than 15 percent of the recovered funds, up to a maximum of $10 million.
However, if you planned or initiated the actions that led to a violation of IRS laws, your informant award can be reduced. This also applies to claims under IRC 7623(b). This section of the law also says your award will be denied if you are convicted based on your role in planning and initiating the action.
You will receive a written decision about your compensation award at the end of your case, which could be five to seven years or more from when you first submit a claim.
If you file under IRC 7623(a), you do not have the right to appeal the decision in your case to the United States Tax Court, unlike with cases filed under IRC 7623(b). You must file an appeal within 30 days of receiving the written decision about your compensation award.
The lawyers at O’Connor, Acciani & Levy are committed to pursuing the maximum compensation you are entitled for your claim.
The whistleblower claim process starts when you notify the IRS about tax fraud. You can initiate a claim for a whistleblower award by filing IRS Form 211, Application for Award for Original Information.
Your Cincinnati tax fraud attorney can help ensure the form contains the following information:
You must mail the completed form to the IRS. You cannot submit it electronically or via fax.
The IRS will review your submission and determine if your claim has merit. If it does, your application will be sent to the appropriate IRS operating division for further development, which may result in:
The IRS whistleblower statute is listed in 26 United States Code § 6501, and it does not have a statute of limitations or deadline for filing a whistleblower claim.
However, it is best to file as soon as possible. The further you get away from the violations that occurred, the tougher it may be for the IRS to investigate and prove fraud occurred.
The statute also says if there is no evidence of willful or fraudulent intent, there may be a statute of limitations of three years from when the alleged violations occurred.
It is best to contact our Cincinnati tax fraud attorneys right away to review your situation and find out how much time you have to file a claim. We can ensure your claim is filed before any deadlines pass.
If you know about tax fraud being committed by an individual or other entity, you may be able to obtain compensation by filing a claim with the IRS.
The Cincinnati tax fraud lawyers at our firm can guide you through every step of the process, fighting for your best interests. We offer a free, no obligation legal consultation so there is no risk to meet with us and discuss your case.