In tax fraud cases, there is what is called an estimation of loss. Estimating loss is about determining how much the government has lost due to the alleged tax fraud that took place. If you want to know more about the estimation of loss in Maryland tax fraud cases, you should retain the services of a qualified tax fraud attorney that could answer your questions. Your lawyer could fight on your behalf to minimize the estimation of loss and achieve a positive outcome for you.
Estimation of Loss When it Comes to Federal Sentencing
In some tax fraud cases, the actual loss suffered by the government may be difficult to establish with precision. If a person filed no taxes, the loss is what they should have properly paid. However, if an individual has a complicated financial situation, determining what should have been paid may not be clear. There may be multiple ways in which the individual could have properly filed taxes, resulting in different amounts owed. Each party will argue what they think that amount should be.
Intended loss is not really a factor in sentencing for tax fraud cases. Rather than trying to establish the amount a defendant intended to underpay, the court will focus on the actual loss to the government in unpaid taxes
Determining Estimation of Loss
A federal court determines estimation of loss in Maryland tax fraud cases by hearing from both parties, looking at the evidence presented, and deciding the amount that constitutes the most accurate, reasonable estimation of the loss to the federal government.
Fair market value of loss applies to property or other things of value that a victim may have lost as a result of a crime. In a tax fraud case, the loss is the amount of money not paid in taxes, so there is no calculation necessary for the fair market value of loss
The court will only look at factors related to an individuals tax filings – other factors such as the state of mind, criminal background, or overall wealth of the defendant are not considered when estimating loss.
Role of a Maryland Tax Fraud Sentencing Attorney
A tax fraud sentencing lawyer will do everything they can to minimize the estimation of loss for you. The attorney could present what they think is the appropriate amount of loss to the court, as will the prosecution. The judge will make the ultimate determination, although that determination must be reasonable. The sentencing lawyer must challenge the reasonableness of the judge’s determination if that is an issue because the amount of loss is a central factor in determining the overall sentence.
An unreasonably large estimation of loss could result in an unreasonably long period of incarceration. It is vital that you work with an attorney experienced in handling estimation of loss in Maryland tax fraud cases that could pursue a positive outcome for you.
