Have You Been Charged with Tax Evasion?

Are you facing charges for tax evasion? Avoiding or failing to pay taxes to the Texas State and/or United States government is a serious criminal offense. Most cases are handled in the federal courtroom. Federal cases employ the toughest prosecutors and harshest penalties. Do not face charges of tax evasion alone. A conviction on charges of tax evasion could result in decades in prison and excessive financial damages. Fight back against these allegations by reaching out to an experienced federal criminal defense lawyer immediately. A tax evasion defense lawyer can develop an aggressive and effective strategy to beat these charges.


Tax evasion is considered fraud against the United States Government and an aggressive, experienced tax evasion lawyer is a critical first-call if you are charged with tax evasion.

Tax evasion is a serious crime that will require experience, knowledge, and skill that only a top defense attorney can possess to defend you in a federal courtroom or federal hearing.

Gregg Gallian of Gallian Firm is an  experienced, award-winning federal defense lawyer who will  will provide a free consultation and case review for your case and provide you the best possible information with which you can consider and weigh your options.   As a former prosecutor, he knows all the tricks that the federal government may use against you, and has strategies ready for each and every one of them.  Even if you have hired another attorney, Gallian is going to be there for you, and is worth the time it may take to make a call.  You will be very glad you did,

Before we go any further, let’s learn more about federal charges of tax evasion and the details of how you can best proceed if you have already been charged.

What is the Definition of Tax Evasion?

The IRS defines tax evasion as an intentional, willful attempt to evade tax liability. Both individuals and/or businesses could face these charges. There are two forms of tax evasion, including the invasion of tax assessment, or the evasion of paying the tax due.

Evasion of Tax Assessment

tax evasion lawyer

An individual or organization avoids tax liability by intentionally failing to file taxes or attempting to defeat tax assessment.

For example, evasion of tax payment would include an individual who intentionally fails to report income. This could also pertain to cases when an individual or entity claims tax deductions that they are not entitled to receive.

Evasion of Tax PAYMENT

An individual or organization attempts to evade the payment of due taxes.

Evasion of tax payment occurs in cases when tax liability has been assessed but the defendant fails to pay. These cases are usually brought forth when the defendant attempts to hide financial assets that could be used to settle acquired tax debt.

What are Some Examples of Tax Evasion?

The most common form of tax evasion occurs when an individual makes false declarations to tax authorities and/or fails to report earned income.Reporting less income than incurred.  Examples of tax evasion include:

  • Claiming more deductions than applicable.
  • Paying for childcare under the table.
  • Failure to report cash income.
  • Failure to report income from overseas.
  • Failure to report gambling wages.

You could face charges of tax evasion for failure to report earnings from both legal and illegal activities. For example, income earned from the sale of illegal drugs or narcotics.

What is the Difference Between Tax Evasion and Tax Avoidance?

Tax avoidance is completely legal and is committed by countless individuals annually. Individuals who avoid paying taxes will eventually meet their tax obligations through an arrangement with the IRS.

Tax evasion differs in that the individual intentionally and willfully fails to file a return, pay taxes, or otherwise avoids meeting their tax burden.

What are TEXAS STATE Laws for Tax Evasion?

Texas does charge citizens income tax. Therefore, most cases of tax evasion on the state level involve fraudulent business accounting practices.

For example, a business that intentionally under or overreports income could draw the attention of the IRS. An IRS audit could reveal numerous additional tax fraud-related charges.

In Texas, state tax evasion charges can bring up to five years of imprisonment and a fine up to $250,000. There can be other complicating factors like tax fraud, making false statements and intentionally failing to file a return, which can lead to additional years in prison and hefty fines. 

What are Federal Laws for Tax Evasion?

The majority of cases of tax evasion are committed against the IRS. The IRS manages all financial matters regarding the US government.  These cases are brought before the federal courtroom.

Tax evasion is defined under the United States Code 26 § 7201. This code states that anyone that attempts to evade any tax imposed will face felony charges.

What are the Possible Penalties for Tax Evasion?

charged tax evasion

Federal prosecutors often investigate crimes of tax evasion for extended lengths of time before pursuing charges.  The possible penalties for tax evasion depend on several factors, including the amount of taxes owed, other charges in the case, and the defendants criminal history. Failure to file a tax return could result in up to one year behind bars and fines of up to $100,000.

Making fraudulent statements on a tax return could result in up to 3 years behind bars and fines of up to $250,000.

Felony tax evasion carries penalties of up to 5 years behind bars and fines of up to $100,000. Fines increase up to $500,000 if tax evasion is committed by a corporation.

Gallian Firm could potentially have tax evasion charges dropped or lessened by building a strong defense case. It is imperative if you have been charged with tax evasion by either the State of Texas or the US Government that you reach out and call (214) 432-8860 as soon as possible for a free case review


There may be several defense strategies that an experienced criminal defense lawyer could utilize to fight allegations of tax evasion. Which defense strategies are applicable, depends on the unique circumstances of each case, including the amount of evidence that exists.  Some defenses include:

  • Simple Mistake
  • Insufficient Evidence
  • Lack of Intent
  • Statute of Limitations

Your criminal defense lawyer will need to assess the unique circumstances in your case to determine which strategy will be the most effective.

Simple Mistake

Unintentional misrepresentation of income is common, especially among self-employed individuals and sole proprietorships. A simple mistake in income reporting is not grounds for tax evasion charges.

Lack of Evidence

Lack of evidence is a common defense strategy but will only be effective in cases without a monetary trail. Your tax evasion defense lawyer may present the argument that there is a lack of evidence that the necessary elements of the crime are non-existent.

Lack of Affirmative Action

The prosecution will be required to prove that the defendant committed an affirmative action to evade taxes. Simply failing to file a tax return, or passive evasion, is not grounds for tax evasion charges. However, filing an inaccurate W-4 in combination with failing to file a return constitutes affirmative action.

What are Your Next Steps if Charged with Tax Evasion?

Facing charges for tax evasion can be a terrifying experience. Your freedom, family, professional endeavors, and future are on the line.

1). Contact a Tax Evasion Lawyer Immediately

attorney tax evasion

Federal detectives and law enforcement investigate these crimes thoroughly before pressing charges. An investigation may have been going on for years without your knowledge. Contact a evasion lawyer immediately before proceeding.

2). Do Not Destroy or Attempt to Hide Anything

Do not destroy any documents, close any financial accounts, or hide any financial assets or files. These actions could be perceived as an admission of guilt.

3). Refuse to Discuss Case

Seek the guidance of your tax evasion criminal defense attorney before speaking with anyone regarding your case.

Why is Gallian Firm the Best Choice if You are Facing Charges for Tax Evasion?

Tax evasion is a serious crime that is taken seriously by both the State of Texas and by the Federal Court System. The stakes are high in these cases. It is imperative that you choose the best criminal defense lawyer to fight back against these charges. 

Gallian Firm understands the emotional and financial stress caused by accusations of tax evasion. Gregg Gallian is an experienced criminal defense lawyer who fights with boldness and aggression in the federal courtroom. His experience as a former prosecutor provides Gallian with the knowledge, tools, and resources to beat or reduce even the most difficult charges.  Gallian Firm has an award-winning case track record due to their experience and relentless nature in the courtroom.

Contact Gallian Firm today to discuss your case as part of a free consultation.Call 214-432-8860 or visit online for more information. He will fight aggressively and relentlessly for you if you are facing charges of tax evasion.

schedule your free case review

Christopher E.
5/5 Stars
Read More
I worked with Gregg Gallian and had amazing results! I contacted a different lawyer at the beginning of my case and had no communication, effort and I even started to question whether I was forgotten about. I made the change and got with Mr. Gallian and he was quick and effective with making progress with my case! He was always professional, very communicative, knowledgeable in what he does and will get you good results! I highly recommend him and I know I'll be contacting his firm if I ever need to again.
Matt C.
5/5 Stars
Read More
Gregg was an amazing lawyer. He and his team were incredibly professional from the start and Gregg was just as passionate about my issue as I was. He cared - which is something many lawyers don't do. He expedited resolution to my issue and sought to restore justice. I am eternally grateful for him and his colleagues. I had been fighting this issue for 6 months and within 2 weeks of hiring him, it was resolved. Highly recommend if you are in need of a lawyer.
Natalie R.
5/5 Stars
Read More
Thank you! Truly, the Gallian Firm, is the representation you want and need when hopeless situations arise! We worked directly with Gregg and he was a wonderful listener, discussed options, and stood by throughout the process…And well beyond! He was always available to help ease worries and answer questions. He has great patience and doesn’t give up! We are so grateful to have found Gregg and would recommend him to anyone! Thank you again!
Jazmin C.
5/5 Stars
Read More
Greg Gallian came highly recommended by a nationally renowned attorney. In our stressful situation, he put our mind at ease and handled our situation with the utmost attention and diligence. Thank you, Greg for your expertise and professionalism. We are forever grateful for having you on our team!
Valerie P.
5/5 Stars
Read More
Thorough, respectful and communicative! We went with Mr. Gallian after having a lack luster lawyer. We immediately saw the difference in approach, he truly goes above and beyond, as well as the employees in the office. He got us the best possible outcome, something that wasn't even given as an option with our previous lawyer! I'd recommend his services to anyone. I can't thank him enough for his work.
Dawn O.
5/5 Stars
Read More
Mr. Gallian was upfront and professional in every interaction. He communicated his game plan effectively and set realistic expectations for us heading into court. We were very pleased with the outcome!

Table of Contents