Legal Question in Tax Law in New Jersey

IRS tax investigation

I have a friend under investigation from the IRS. An IRS field agent has contacted me with questions about my friend. The IRS agent has said that I am not under investigation. Do I have to answer their questions? Should I hire an attorney? I would like to cooperate but do not want to incriminate my friend.


Asked on 12/12/06, 10:32 am

2 Answers from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Re: IRS tax investigation

Unless you have been served with a Subpoena, in theory you do not have to cooperate. The agent can still serve you and then you must comply. While you may not be a current target, you could become one later, if you were involved in any way. While you may not need an attorney yet, keep in mind that it is the function of these agents to make a case, if warranted, and some are over-zealous in their investigaqtions, sometimes using intimidation to make their cases. If you are served with a Subpoena, hire an attorney. This is a response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship. Omitted or missing facts could produce a different reply.

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Answered on 12/12/06, 10:54 am
Ronald Cappuccio Ronald J. Cappuccio, J.D., LL.M.(Tax)

Re: IRS tax investigation

DO NOT COOPERATE! You have no legal duty to assist the IRS and no good can come out of it. The "field agent" is probably a "Special Agent" of the Criminal Investigation Division (CID.) If you speak with them and they determine what you say is inaccurate, they may come after you.

Tell your friend about the contact and make sure your friend is represented by a tax attorney and says nothing. If you are contacted again, you should get your own tax attorney.

I have more information on my web site www.taxesq.com

I hope this helps!

Ron Cappuccio

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Answered on 12/12/06, 11:20 am


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