Brotman Law — Criminal Tax guide

Criminal Tax Guide

How Brotman Law Can Help

Part of our comprehensive guide: The Ultimate Guide to IRS Criminal Investigations

Sam Brotman Sam Brotman, J.D.|Last updated April 2026

Criminal tax issues are often woven together with other charges. Having an understanding of the center point of the government’s investigation and whether the tax component is the steak or the side dish can have implications in most criminal tax cases from the beginning.

At Brotman Law we take special precautions in criminal matters and our initial meetings with our prospective clients are usually done in person. The goal of our initial meeting is to put all the facts on the table. When dealing with a subject or a target of a criminal tax investigation, our best advantage is having early access to information the government may not have.

WILL AN EXPERIENCED CRIMINAL TAX LAWYER HELP?

Should I retain Brotman Law to represent me in my criminal tax matter? When you go through a criminal tax case, there will be a lot of different phases. Criminal tax cases can be multi-year investigations. They are a huge commitment and they are a huge threat. Why? Because of the success of the U.S. Attorney’s Office with its over 90-percent-conviction rate, you have to be on guard.

From our end, our firm has a lot of experience dealing with these types of cases. We know tax, we know tax on the civil side and we know it on all phases of the criminal side. When we reach a mutual decision with the client that it is in our best interest to move forward on a criminal case, there is a lot of strategy that goes into that process.

There is a strategy in terms of how we are going to handle this from a legal perspective. There is a strategy involved in terms of how we are going to handle this from a resource perspective. And it is a fight – make no mistake about it.

These are the biggest stakes that we face because there is a real possibility that at the end of the day our client is going to end up in jail, and we take that very seriously. We are going to do everything that we can on our end to mitigate any consequence.

We are constantly looking for avenues to turn the case civil, to make it go away and to reduce things down to the lowest level possible. We are constantly derailing the investigative process. We are constantly working with the U.S. attorneys and the agents to take the air out of their case, and we fight as hard as we can on behalf of our clients.

I think it is our tenacity that really separates us as a firm because we have experience going through these cases. We empathize with our clients, and we fight on their behalf because it is personal to us. This is what I think really separates us.

If you are reading this and you want to know more, I invite you to come sit down and talk with us. Come meet me, come meet our senior team, come lay out the facts of your case and let us figure out if it is a good fit.

If it is not a good fit, I promise you we are not going to take the case, but will try to provide you with a reference of a good law firm that could be a better choice for your situation. Give us a call, set up a time to tell us the facts of your story and we’ll work on a plan to give you the best defense against the IRS.

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Frequently Asked Questions

Criminal Tax FAQs

How long do I have to respond to an IRS audit notice?

Typically 30 to 60 days from the date on the notice. However, some notices have shorter or longer deadlines. Don't wait — contact us as soon as you receive any correspondence from the IRS.

Can the IRS audit me if I used a CPA to prepare my return?

Yes. Using a CPA doesn't prevent an audit. You are ultimately responsible for the accuracy of your return, regardless of who prepared it. However, having professional representation during the audit is critical.

What if I can't find the documents the IRS is requesting?

We can often reconstruct records using bank statements, third-party records, and other sources. The sooner you engage us, the more options we have to build your case.

Will an audit affect my future tax returns?

Not directly. However, if the IRS made adjustments, those changes may affect carryforward items like losses or credits. We'll review the impact and make sure your future returns reflect the correct figures.

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