Tax attorney Darrin T. Mish

When a tax problem could become a criminal case.

IRS Criminal Investigation, eggshell audits, the civil fraud penalty, and voluntary disclosure, explained in plain English and tied to the Internal Revenue Code, the Internal Revenue Manual, and the Justice Manual. Read first. Then talk to a lawyer before you talk to an agent.


Warning signs

Four moments that change everything

None of these mean you will be charged. Each one means the stakes just went up and the next conversation matters.

  • The audit suddenly goes quietWhen an examiner finds firm indications of fraud, the IRS manual tells the examiner to suspend work without telling you why. Read more
  • Two agents show up unannouncedSpecial agents carry badges and investigate crimes. Their first visit is often the interview they most want. Read more
  • A grand jury subpoena arrivesA subpoena from a federal grand jury means prosecutors are involved. Records requests can come before anyone calls you. Read more
  • You know the returns were wrong on purposeWillful noncompliance is the line between a civil problem and a criminal one. Voluntary disclosure exists for this exact situation. Read more

The library

Criminal tax guides

General legal information. Every statute and manual provision cited was checked against the official source on the date shown on the page. None of it is advice on how to avoid detection; all of it points the same direction: get counsel first.

Looking for help with a civil IRS problem such as a levy, lien, or payment plan? See the general IRS problems overviews.

Who writes this

Darrin T. Mish, tax attorney

A Tampa tax attorney whose practice focuses on IRS collection, examination, and controversy matters, and a former public defender.

The Florida BarBar No. 986641, admitted 1993. Also admitted in Colorado and Texas.
Federal courtsAdmitted before the United States Tax Court and the Supreme Court of the United States.
Nationwide IRS practiceFederal tax matters before the IRS may be handled for taxpayers in any state. Principal office in Tampa, Florida.

More about the firm

Before you talk to an agent

Exposure is a legal problem. Treat it like one.

If you think a tax problem could carry criminal exposure, talk to a lawyer before you talk to the IRS. Conversations with your lawyer are privileged. Conversations with an agent are evidence.