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A husband and wife are accused, tried in court, the husband

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is sentenced to 5 years...
A husband and wife are accused, tried in court, the husband is sentenced to 5 years in state prison. The wife is placed on parole on the basis of a "no lo contrendo". Some of the money is recovered and paid back to the complaintants. The wife is paying restitution on a monthly basis.
Two years later the District Attorney decides to go after the wife for income tax evasion for not paying taxes on the balance of the stolen property. This is most probably a matter to be taken up with the IRS and not the DA.
Submitted: 7 years ago.Category: Criminal Law
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Answered in 4 hours by:
6/12/2010
Criminal Lawyer: arubin9,
 replied 7 years ago
arubin9
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Customer reply replied 7 years ago
Can the DA prosecute the wife for tax evasion, if there is no proof of money being held by the defendent? A part of the money was recovered, but the defendent (wife) does not have and money and is paying restitution on a monthly basis to the injured parties.
Criminal Lawyer: arubin9,
 replied 7 years ago
You've clarified your question, but it's now a legal question, rather than a tax question.

I'll request it be transferred to a criminal law expert.
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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 7 years ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
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Jacustomer,

From what I see, preposterous as it sounds, the IRS says that stolen property is taxable as income. The year he steals it, a taxpayer is required to report the fair market value in his income, unless in the same year the taxpayer returns the stolen property to the rightful owner. See IRS Publication 17 (2009). Page 97

So if you didn't comply with the law, then yes, the DA can prosecute for tax evasion. They are entitled to try to make their case out circumstantially if need be. But realistically speaking, the fact that you and your husband were convicted for the theft and are sentenced to resitution would establish plenty of the facts for the state.

I know it's not what you want to hear, but I don't see a reason why a DA couldn't file these charges. Whether they could prove it beyond a reasonable doubt would be another matter.

___________

If I've helped, please click the green Accept button so I can get credit for my work.

This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your State for specific legal advice.
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
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