I am a tax prepare an I did the mother of my child taxes someone had stolen her identity an she had to send in some paper work to get her money so her money would come later in 2010 I filed her taxes and had the money go to my account. In February I gave her a lone of 900.00 in May of 2010 her money came to my account and I gave her the refund amount minus the 900.00. Around the same time I took her to court for child custody and she was mad so when her money can she wanted all the refund and the 900.00 I had giving her to help her out until her money came she said that if I did not give her all her money she was going to the IRS an tell them I stole her money and would send me to jail I have the email an text message that she sent so they started an investigation on me and my tax clients my question is because she lied to the IRS agents about her money and I have checks that say that I did give her the full amount of her refund and if they can prove that she lied to the IRS. Is there any Federal law that say if you lie to open a case to be mean or hateful to someone to get them in trouble or have them go to jail that the case an or investigation if voided? Or ones the case is open there is nothing can be done about it? Any case law that you may know about
Country relating to Question: United States
State (if USA): Louisiana
nothing yet just getting info to start my Defense
Thank you for your question. I will do my best to assist you with your concerns. If you would like me to clarify my answer, I will be happy to do so.To answer your question, there are potential felony and misdemeanor claims here against your ex, but it is far easier to pursue her via state court for defamation and business losses.If you wish to go about it federally, which is likely expensive, complicated, and much more difficult, you can pursue her under 26 USC Section 7207 and 26 USC 7206(1), misdemeanor and felony statutes for lying to the IRS, respectably. Here is the language:
26 USC Section 7207 Anyone who willfully delivers or discloses to the [IRS] any list, statement or other document, known by him to be fraudulent or to be false as to any material matter, shall be fined not more than $1,000, or imprisoned not more than 1 year, or both. 26 USC Section 7206(1)Anyone who willfully makes and subscribes any return, statement, or other document, which contains or is verified by a written declaration that it is made under the penalties of perjury, and which he does not believe to be true and correct as to every material matter shall... be guilty of a felony and, upon conviction thereof, shall be fined not more than $5,000, or imprisoned not more than 3 years, or both, together with the costs of prosecution.
26 USC Section 7207
Anyone who willfully delivers or discloses to the [IRS] any list, statement or other document, known by him to be fraudulent or to be false as to any material matter, shall be fined not more than $1,000, or imprisoned not more than 1 year, or both.
26 USC Section 7206(1)
Anyone who willfully makes and subscribes any return, statement, or other document, which contains or is verified by a written declaration that it is made under the penalties of perjury, and which he does not believe to be true and correct as to every material matter shall... be guilty of a felony and, upon conviction thereof, shall be fined not more than $5,000, or imprisoned not more than 3 years, or both, together with the costs of prosecution.
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Thank your for you quick reply I don’t want to take her to court or anything like that. the question I wanted answer was if she lied to the IRS and they open an investigation on me and the reason she open it up was a lie I know I did not do all the taxes 100 right so I may get in some trouble over that but is she would not have went to then an told them anything the investigation would never been open because she lied about I took her money and I did not an took other people money just to open the case and I go to court over this do they have to drop the case keep it open or one the case is open there is nothing I can do about it even though she lied to start the case. Is there a case law that saw if u lie to open the case the investigation is not good because you lied to start the case
Thank you for your follow-up, Aros.Sorry but you are arguing apples and oranges here. If there are irregularities and the IRS finds them, then there is no case in the world that would save you because ultimately it would be you who may have committed tax fraud, not her. So you cannot stop an investigation by claiming that she lied, if by your own admission you stated that you "...did not do all the taxes 100 right...". You cannot have it both ways, if there are issues with your preparation, then there are no false statements to the IRS and there is no defamation claims. On the other hand if what she stated is that you stole other people's money, then that is a civil defamation claim, it is NOT a criminal case, and it is far easier to prove and pursue via your local parrish courts.Good luck.Dimitry Esquire41104.1504711806
JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin
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