Why a Tax Litigator Says IRS Audits Turn Criminal
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Why can a routine IRS audit turn into a criminal case?
So you may have heard the expression, innocence of the law is no excuse. All right. That's not true in tax. In order to convict someone of tax evasion, the government must prove intentional violation of a known legal duty. There's nothing patriotic about paying more taxes than are due. We shouldn't have to pay more taxes than are due. But that's where the difficulty comes in, because our tax code is very complicated by any measure. And even even people who have somewhat simple tax situations feel more comfortable hiring an advisor to help them.
Guinevere Moore is a formidable, experienced, and client-focused tax litigator, recognized for representing taxpayers in high-stakes disputes with the IRS, Department of Justice, and state taxing agencies while advocating for each client's individual needs.
I really like solving tax problems. It's a puzzle and there's like such a great feeling when you're in your office and it's at two in the morning and you're reading case after code after case after code and it's like the light bulb and you think this is how I'm gonna beat them. Here's how a lot of cases turn criminal. Let's say you have an audit. The IRS agent says, I would like proof of all of your business expenses. But what happens is the IRS selects you for examination and they audit you and then people do something really stupid.
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Hey, welcome back everyone to another episode of Living Your Legacy Podcast. I'm your host again, Jay Slangan. And yeah, we got the uh new podcast set up in the new studio. You're actually my first guest in this actual setup before it was over there. But yeah, we have a special guest in uh for America's Top Lawyers, right? It's actually my honor. So let me uh what's your name? What do you do? And yeah, what kind of attorney are you?
My name is Guinevere Moore. I am a tax controversy and tax litigation attorney. Okay. And I represent taxpayers in significant civil and criminal tax disputes.
So explain civil and criminal tax disputes. Like what what gets them to need a a tax attorney?
A civil tax dispute is a letter that you get from the Internal Revenue Service or whatever state taxing authority you're dealing with that says, We've decided to select you for examination. It can be for an individual, a partnership, a corporation, but a civil tax dispute is something that is about money.
Yeah.
Do you owe more money than you said you owe?
Yeah.
A criminal tax dispute is where there's a risk of potential criminal penalties, which could be jail, it could be a large fine, or it could be both.
Okay.
So you may have heard the expression innocence of the law is no excuse. All right. That's not true in tax. In order to convict someone of tax evasion, the government must prove intentional violation of a known legal duty. We all agree taxes are complicated. And in the United States very
complicated.
Very complicated.
Right.
And our tax laws are so complicated that many people hire professionals to help them prepare their tax returns. Even if it's like a simple W two, people still feel the need to go down to H and R Block or Jackson Hewitt, any number of
mom
and pop or large.
Right. So I just want someone to handle all that stuff, you know?
Because it's scary. Yeah, yeah. So you think
Also, your brain doesn't work that way, you know?
Yeah.
Uh I'm on the creative spectrum, finance is on all that, you know. Of course, uh having been an entrepreneur, I'm more on top of it than Johnny Depp, you know. I'm not as that soup far right creative spectrum that he is, you know. So I have some sense, but I also know what I like and what I don't like. Taxes I don't like.
Yes. And and I think we all in this country feel very firm about our right to pay no more taxes than the amount that's due.
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