Failing to file tax returns or to pay the liability listed on a tax return is actually a federal tax crime.
Intentionally taking steps to evade or defeat the payment of tax is a felony, punishable by imprisonment greater than one year. The IRS Criminal Investigation Division investigates taxpayers that they can be punished for breaking the tax laws.
In a recent investigation by the Treasury Inspector General for Tax Administration, it was found that the IRS Criminal Investigation Division does not always properly maintain the chain of custody for evidence and does not always properly process search and seizure warrants.
In 152 incidents, the Criminal Investigation Division sought a search and seizure warrant. However, their requests for search and seizure warrants were denied in all but 61 cases. Worse yet, the Criminal Investigation Division did not always follow procedures to ensure that the integrity of seized evidence was properly conserved.
The IRS agreed to improve its requests for search and seizure warrants and to better preserve seized evidence. Improper handling of evidence can cause the IRS to lose in Court in criminal cases.
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