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The purpose of this website is to provide interested people with relevant and timely background information regarding the Wesley Snipes criminal trial taking place in January 2008 in Ocala, FL.

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Changing the “willful failure to file” tax returns law

By JJ MacNab | February 4, 2008

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Good Guy wrote:

I’m glad those scum promoters got convicted on the felony counts. It’s now time for congress to set a dollar amount for elevation of failure to file as a felony. What this verdict says is “if you are going to owe millions in taxes, don’t file- it’s just a misdemeanor.” That’s plain obscene. If the taxes due are over $10K, then it should be a felony. You want to erase the deficit? Let’s get all the cheats!

It’s in the works already.  The President’s Budget for 2009 released this morning contains just such a provision.

 MAKE REPEATED WILLFUL FAILURE TO FILE A TAX RETURN A FELONY

Current Law

Current law provides that willful failure to file a tax return is a misdemeanor punishable by a term of imprisonment for not more than one year, a fine of not more than $25,000 ($100,000 in the case of a corporation), or both. A taxpayer who fails to file returns for multiple years commits a separate misdemeanor offense for each year.

Reasons for Change

Increased criminal penalties would help to deter multiple willful failures to file tax returns.

Proposal

Any person who willfully fails to file tax returns in any three years within any five consecutive year period, if the aggregated tax liability for such period is at least $50,000, would be subject to a new aggravated failure to file criminal penalty. The proposal would classify such failure as a felony and, upon conviction, impose a fine of not more than $250,000 ($500,000 in the case of a corporation) or imprisonment for not more than five years, or both.

The proposal would be effective for returns required to be filed on or after January 1, 2009.

Topics: Tax Deniers | 5 Comments »

5 Responses to “Changing the “willful failure to file” tax returns law”

  1. Jermaine Fanfair Says:
    February 5th, 2008 at 6:18 pm

    I’m not sure if I necessarily agree that the dollar amount should determine whether failure to file is a misdemeanor as opposed to a felony. I see a strong argument that the law is specifically targeting individuals based on income.

  2. JJ MacNab Says:
    February 5th, 2008 at 6:26 pm

    It’s not just the dollar amount, it’s also the number of years that no returns have been filed in combination with that dollar amount.

  3. Doktor Avalanche Says:
    February 5th, 2008 at 7:42 pm

    I’m all for it.

  4. Dave Says:
    April 27th, 2008 at 10:58 am

    Yes, lets make it a felony for all who refuse to commit perjury on a yearly basis.(being sarcastic) Most of you people are cowards and would break all of Gods commandments if the gov forced you under penalty.
    No wonder the U.S. is such an evil nation!

  5. Tessa Says:
    May 1st, 2008 at 2:44 pm

    There is already a felony charge for failing to pay taxes, i.e., Section 7201. 7201 and 7203 are basically the same charge except one is a felony and one is a misdemeanor, and its actually a good thing to give the jury the option of making the crime a misdemeanor because if they are hesitant to convict the defendant of a felony, there is the lesser charge that they can convict on, rather than just letting him off the hook altogether. So i think its a bad idea

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