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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 26187
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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I worked for a guy that paid cash as well as payroll check.

Resolved Question:

I worked for a guy that paid cash as well as payroll check. Majority of the pay being cash. He also had numerous illegals working for cash and some of them even used false, or stolen i.d.'s. I worked for this person under the promises that he made that he would eventually do everything legitimately. 6+ years later he revealed that he has no intention of ever changing the way he runs his operation, after which I terminated my employment. I can prove his wrongdoing with timecards, paystubs, and have many copies of checks that indicate all his employees were paid in the same manner. He has operated this way for about 20 years, but I can prove at least 8 years. How would I be affected by turning him into the IRS, as I was also paid in cash?
Submitted: 6 months ago.
Category: Criminal Law
Expert:  Dwayne B. replied 6 months ago.

Dwayne B. :

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

Dwayne B. :

The biggest way is that you would be responsible for any taxes, penalties, and interest for any monies that you received in cash and that you didn't report on your tax return.

Dwayne B. :

The website is showing you are offline so I will exit so I can assist other customers. Please feel free to ask any follow up questions that you have in this thread. However, please do not issue a rating until our interaction is complete and all of your questions have been answered.

Customer:

I know that the IRS can give rewards to those who commit tax fraud and tax evasion. Is there a possibility that the IRS would forgive the money that I owe in exchange for turning in a "bigger fish?"

Dwayne B. :

There is a possibility but I can't say how likely.

Dwayne B. :

If you want to pursue it then the best way to do it would be to hire a lawyer who does federal tax work or federal criminal defense (because they would approach the Justice Department) to approach them about it and see what they said.

Dwayne B. :

That way your identity wouldn't be revealed until you had a deal in place.

Customer:

What are the chances that the IRS would pursue all the employees or just the "boss"

Dwayne B. :

Without a deal they'd pursue everyone that owed.

Customer:

Wow, that's making a lot of enemies.

Dwayne B. :

Yes, the IRS isn't known for letting money slip through their fingers by pursuing just "the big guy".

Customer:

what are the statute of limitations on tax evasion / tax fraud?

Customer:

In California for state

Dwayne B. :

It can be up to ten years depending on the exact facts.

Customer:

and Federal

Dwayne B. :

However, that is from the time a correct tax return and correct tax info is filed, if it is never filed then the statute of limitations never runs for CA or federal.

Customer:

False or inaccurate tax returns were filed.

Dwayne B. :

It doesn't start running until correct ones are filed.

Dwayne B. :

Assuming fraud was involved. If it was just a mistake on the tax returns it is usually 3 or 6 years.

Customer:

Would the boss be looking at prison time or just paying back taxes?

Dwayne B. :

It depends on the facts and the IRS, some people just pay taxes and some are pursued criminally. There doesn't seem to be a lot of rhyme or reason to why they pursue some and not others.

Customer:

I guess it may have something to do with the extent of the tax fraud.

Dwayne B. :

That's part of it but not all.

Customer:

or does it just seem random?

Dwayne B. :

It seems random. I think it depends more on the agents involved.

Customer:

I see. So it could go either way. Thank you for your help. My next move will be to seek a tax attorney.

Dwayne B. :

You're very welcome and best wishes to you on this. Please don't forget to leave a Positive Rating (of course I’d suggest Excellent!) so I get credit for my work.

Dwayne B. :

I'll exit now to assist others.

Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 26187
Experience: Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
Dwayne B. and 7 other Criminal Law Specialists are ready to help you
Expert:  Dwayne B. replied 6 months ago.
Thank you very much for the Positive Rating. Please come back and visit us if you have any new questions and feel free to ask for me by placing “FOR DWAYNE B” in the subject line or as the first words of your question and I will pick up as soon as I see it.

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