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Michael J, Esq.
Michael J, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 3471
Experience:  Licensed attorney experienced in criminal matters, having represented hundreds of clients with every misdemeanor and felony imaginable.
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Is it probable that the IRS would prosecute for income tax

Customer Question

Is it probable that the IRS would prosecute for income tax evasion if the case involves a spouse that has proof that the other spouse has not reported income tax? The wife in this case admitted in divorce court that she had a jar with $50,000 given to the spouse from a small business where she told the court that she had amassed this over the years.
This spouse took lavish vacations and purchased automobiles and paid in full at the time. The business was a daycare where she took cash and didn't report it on her schedule 2
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Michael J, Esq. replied 6 years ago.

Michael J, Esq. :

Hello - Thank you for contacting JustAnswer. My name is Michael; I look forward to helping you with your criminal problem today.

Michael J, Esq. :

To be clear: you are asking whether the person who originally gave the 50k would be prosecuted for not including the income on her W2, correct?

JACUSTOMER-8pr8yieq- :

No she owned a daycare and took cash much of the time which she didn't report.

Michael J, Esq. :

You can report the person to the IRS if you would like. However, they don't go straight to prosecution. First, they would do an audit of the person's accounts. If she took cash, and never deposited it, there is really no way for them to prove that she evaded income tax laws, and therefore the probability of prosecution is very small.

Michael J, Esq. :

Good luck.

Michael J, Esq. :

If not, I wish you the best of luck! Don't forget to press ACCEPT if my Answer was helpful. If you need me to clarify my Answer or ask a follow up question, just ask! My goal is to provide an outstanding Answer, so give me a chance.