Tax Attorneys

Experienced Federal Tax Lawyers for Individuals and Organizations Facing Audits, Investigations, and Prosecution

**Attorney Alina Veneziano**
Tax Attorney & CPA Team Lead

**Alice Campbell**
Tax Team
Former Special Agent (IRS)

Facing federal scrutiny for issues regarding tax law presents significant risks for individual and corporate taxpayers. Not only can federal tax audits trigger liability for back taxes, interest, and civil monetary penalties, but audits and investigations can lead to criminal charges for violating tax laws as well. In many cases, these will include not only criminal violations of the Internal Revenue Code, but also charges such as money laundering and wire fraud that carry the potential for million-dollar fines and decades of prison time.

At Oberheiden P.C., our defense team includes both career federal defense tax lawyers and former federal prosecutors who have extensive experience handling complex and high-stakes federal tax matters. Our defense team also includes consultants who formerly served as Special Agents in the Internal Revenue Service’s Criminal Investigation division (IRS CI). As a result, we have a comprehensive understanding of the federal tax fraud audit, investigation, and prosecution processes—and we rely on this understanding to advise clients and target efficient and favorable resolutions that protect our clients from unnecessary consequences. Our approach maximizes the benefits of effective legal representation while mitigating the risks involved.

Our Federal Tax Defense Practice

Our federal tax defense practice differs from other law firms in that our practice encompasses all matters involving the IRS and IRS CI. We also regularly represent clients and accounting firms facing scrutiny from the U.S. Department of Justice (DOJ), Federal Bureau of Investigation (FBI), and other federal agencies in matters involving both tax and non-tax matters. This includes (but is not limited to) providing defense representation in the areas of:

Internal Revenue Service (IRS) Audits

For wealthy individuals, partnerships, corporations, and other organizations, IRS audits can present risks for substantial liability. These audits can be extraordinarily complex, and revenue agents can seek to review several years’ worth of returns. As a result, when facing an IRS audit, an informed, strategic, and proactive approach is essential.

We take this approach on behalf of our clients. Working directly with the IRS on our client’s behalf, we ensure that revenue agents do not overreach, and we ensure that flawed assumptions, calculations, and interpretations of the Internal Revenue Code do not lead to flawed conclusions. We also protect our clients’ privileged documentation throughout the audit process, and we thoroughly document the process so that we are prepared to challenge any unwarranted determinations of liability on appeal if necessary.

IRS Audit Appeals

Our federal tax attorneys handle IRS audit appeals on behalf of both new and existing clients. If you have received an unfavorable audit determination and need to challenge the determination on appeal, we can take up your appeal and work to secure a favorable result on your (or your business) behalf. In many cases, we are able to successfully challenge flawed audit determinations through information discussions with the revenue agents involved. But, when necessary, we also handle matters before the IRS Independent Office of Appeals and the U.S. Tax Court, and we are prepared to protect our clients’ financial interests by all means available.

In some cases, mitigating the consequences of an unfavorable IRS audit determination may involve negotiating a settlement with the IRS. When it is in our clients’ best interests to settle their tax debt, we negotiate on their behalf. There are several strategic ways to minimize individual and corporate taxpayers’ liability, and we focus on securing outcomes that both minimize our clients’ liability and mitigate their risk of facing additional scrutiny from the IRS in the future.

IRS CI Investigations

IRS CI investigates both tax-related and non-tax-related crimes. It has become increasingly active in recent years; and, with the agency’s additional funding under the Inflation Reduction Act of 2022, IRS CI is devoting additional resources to uncovering and prosecuting all forms of individual and corporate tax evasion and tax fraud.

If IRS CI is investigating you or your company, you do not have time to waste. These investigations can move quickly, and mistakes and oversights can prove extremely costly. Once you engage a tax lawyer from Oberheiden P.C., our defense team can get to work immediately—intervening in IRS CI’s inquiry and assessing the circumstances at hand to identify viable defense strategies. Whether we can assert a complete tax litigation defense to liability or it is in a client’s best interests to focus on settlement, our priority in these cases is always to secure a favorable resolution that avoids a federal criminal indictment.

Streamlined Filing Compliance and Voluntary Disclosure

The IRS’s Streamlined Filing Compliance Procedures and IRS CI’s Voluntary Disclosure Practice provide options for U.S. taxpayers to resolve federal tax issues before their filing mistakes trigger an audit or investigation. However, submitting a streamlined filing or voluntary disclosure presents risks of its own, and taxpayers must pursue different avenues in different circumstances.

If you are aware of filing violations and are not yet facing scrutiny from the IRS or IRS CI, then submitting a streamlined filing or voluntary disclosure might be your best option. Our federal tax lawyers can help you evaluate your options and choose the most advantageous path forward in light of the circumstances at hand. If a streamlined filing or voluntary disclosure is warranted, we can prepare and submit your filing, and we can work with the IRS or IRS CI as necessary to help you achieve a full, favorable, and final resolution.

Federal Tax Crime Defense

Along with helping individuals and organizations avoid prosecution for federal tax crimes, we also defend clients facing criminal charges in federal district court. Our federal tax attorneys have extensive experience on both sides of federal prosecutions—as many of our lawyers previously served as trial attorneys, U.S. Attorneys, and Assistant U.S. Attorneys at the DOJ. These are extremely high-stakes matters that present risks for both substantial fines and terms of imprisonment, and at Oberheiden P.C. we take a comprehensive, structured, and strategic approach to protecting our clients by all means available. While we are able to favorably resolve many of our clients’ cases before trial, we are fully prepared to litigate through trial, and on appeal, if necessary.

Dr. Nick Oberheiden

Founder

Attorney-at-Law

Lynette S. Byrd

Former DOJ Trial Attorney

Partner

Brian J. Kuester

Former U.S. Attorney

Hon. Kevin McCarthy

55th Speaker, U.S. House of Representatives (ret.)

Government Consultant

Mike Pompeo

Of Counsel

Former U.S. Secretary of State

John W. Sellers

Former Senior DOJ Trial Attorney

Linda Julin McNamara

Federal Appeals Attorney

Nicholas B. Johnson

Former Prosecutor

Roger Bach

Former Special Agent (DOJ)

Chris J. Quick

Former Special Agent (FBI & IRS-CI)

Michael S. Koslow

Former Supervisory Special Agent (DOD-OIG)

Ray Yuen

Former Supervisory Special Agent (FBI)

Examples of Federal Tax Cases We Handle

Within our federal tax defense practice, we represent individuals and organizations that need to resolve high-stakes tax controversies involving all issues arising under the Internal Revenue Code, Bank Secrecy Act, Foreign Account Tax Compliance Act (FATCA), and other applicable laws and regulations. We have the team and resources required to effectively represent high-net-worth clients and organizations of all sizes, and we work with clients throughout the U.S. and around the globe. Representative examples of the types of federal tax cases we handle include:

Individual Income Tax Fraud and Tax Evasion
Corporate Income Tax Fraud and Tax Evasion
Cryptocurrency Tax Fraud and Tax Evasion
Employment Tax Fraud
Offshore Disclosure Violations
Paycheck Protection Program (PPP) and Economic Injury Disaster Loan (EIDL) Fraud
Employee Retention Credit (ERC) Fraud

Again, these are just examples. Regardless of the issue (or issues) at hand, our federal tax lawyers and former IRS CI Special Agents can help you make informed decisions, and we can work with the IRS, IRS CI, and other federal authorities on your (or your company’s) behalf as necessary. To learn more in a confidential and complimentary consultation, contact us today.

FAQs: Hiring a Federal Tax Attorney to Deal with the IRS or IRS CI

Do I Need to Engage a Federal Tax Lawyer for an IRS Audit?

If you are facing an IRS audit (or if your business is facing an IRS audit), it is strongly in your best interests to engage an experienced federal tax attorney. Not only can these audits lead to significant financial liability; but, if revenue agents uncover what they believe to be evidence of intentional tax evasion or tax fraud, they can also lead to criminal investigations.

What Should I Do if I Received a Target Letter or Subpoena from IRS CI?

If you have received a target letter or subpoena from IRS CI, you should engage an experienced federal tax lawyer immediately. IRS CI investigations suspected criminal violations of the Internal Revenue Code and other federal statutes, and prosecution under these statutes can lead to both substantial fines and federal imprisonment.

Can IRS Tax Audits Lead to Criminal Charges?

Yes, IRS tax audits can lead to criminal charges. If revenue agents have reason to suspect that a taxpayer has intentionally underreported or underpaid its federal tax liability, they can refer the matter to IRS CI for further investigation. This, in turn, can lead to prosecution by the U.S. Department of Justice.

What Should I Do if I Need to Correct a Federal Tax Return or Disclosure Filing?

If you need to correct a federal tax return or disclosure filing (i.e., an FBAR or IRS Form 8938), you should consult with a federal tax attorney promptly. While there are a variety of options available in this scenario, you need to choose the right option—and you need to do so promptly—to avoid unnecessarily triggering scrutiny from the IRS or IRS CI.

What Are the Penalties for Federal Tax Evasion and Tax Fraud?

The penalties for federal tax evasion and tax fraud depend on whether the IRS decides to pursue civil enforcement or refer the matter for criminal prosecution. In civil cases, U.S. taxpayers can face liability for back taxes, interest, and civil monetary penalties. In criminal cases, taxpayers can face six or seven-figure criminal fines and years or decades of federal imprisonment.

Speak with a Federal Tax Lawyer at Oberheiden P.C. in Confidence

If you would like to speak with a federal tax attorney at Oberheiden P.C., we invite you to get in touch. Please call 888-680-1745 or contact us confidentially online to arrange a complimentary consultation today.