The Fifth Amendment Right in Criminal & Civil Tax Investigations Against Self Incrimination
Автор: Golding & Golding. Offshore Tax. Board-Certified
Загружено: 2021-11-11
Просмотров: 229
Описание:
https://www.goldinglawyers.com
Should You Plead the Fifth Amendment in an IRS Tax Matter: The Fifth Amendment protects an individual from self-incrimination. In other words, an individual cannot be required to testify against themselves. When dealing in IRS matters, whether or not to invoke the Fifth Amendment is dependent largely in part by the type of case. For example, is the Taxpayer under criminal tax investigation or civil investigation. If the Taxpayer is in an audit and believes information they give may result in a referral to a criminal investigation (eggshell audit), it is important to carefully assess the situation to determine whether pleading the fifth amendment in appropriate. If it is a criminal matter where a Taxpayer may face potential criminal violations and incarceration — the stakes are higher and pleading the fifth is a much more common occurrence.
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