I think so. it is a fraudulent return; filing a fraudulent return is considered misreporting your income and can subject you to civil and criminal penalties; in general, the IRS Whistleblower Office pays money to people blowing the whistle on taxpayers who fail to pay the tax that they owe. If the IRS uses information provided by the whistleblower, it can award the whistleblower up to 30 percent of the additional tax, penalty and other amounts it collects. Tax penalties graduate from civil penalties to potential criminal liability when you intentionally misrepresent your tax liability on your return. Fraud can take two forms ;making false statements on your tax return and selectively omitting information so as to leave a misleading impression. You may, for example, intentionally claim a deduction for business expenses and fail to mention that these expenses were reimbursed to you by your employer. They can be prosecuted for filing a fraudulent tax return on their own behalf or on behalf of a corporation. Individuals can be imprisoned for up to five years, fined up to $100K or both. They will also have to pay back taxes and the cost of prosecuting the case. Corporations can be fined up to $500K. However, before applying an exception to the statute of limitation on tax fraud, the IRS has the burden to prove that tax fraud was committed. A six-year statute of limitations on tax frauds applies to actions such as: willfully attempting to evade or defeat any tax, willfully failing to pay any tax or file any tax return , filing a false return , aiding or abetting the preparation of a false return, claim, or other document and submitting false documents. |