NYC Tax Advocates

My photo
Specializing in IRS and NYS Tax Representation. Workers Compensation Audits, Payroll, Sales and Income Tax representation for Businesses, Individuals, Restaurants and Construction Companies. Civil and Criminal Workers Comp Audit representation includes: NYSIF Examinations, Premium Disputes, Employee Misclassification, Underreporting, Unreported Income, and Failure to Keep Accurate Payroll Records.

Tuesday, November 8, 2016

Are you being investigated by the IRS? Selig & Associates. The most aggressive tax representation allowed by law

Are you being investigated by the IRS? Selig & Associates provides the most aggressive tax representation allowed by law. 

If you haven’t been detained, and you’re not already in custody, the IRS is not required to inform you of your legal rights (Miranda Rights) In fact, most IRS Special Agents will encourage you to speak freely, and hopefully, make as many incriminating statements as possible.
Sidebar Per Miranda v. Arizona, 384 U.S. 436, 444 (1966), "custodial interrogation [refers to] questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way." The United States Supreme Court has clarified that a person is being subjected to a custodial interrogation if "a reasonable person would have felt he or she was not at liberty to terminate the interrogation and leave." Thompson v. Keohane, 516 U.S. 99, 112 (1995). This test is objective and thus does not depend on the individual suspect's subjective mindset, age, or previous personal experience with law enforcement. Yarborough v. Alvarado, 541 U.S. 652, 666-69 (2004). Rather, the ultimate inquiry is whether a normal, reasonable person would feel free to end the encounter with law enforcement and leave the scene. However, J.D.B. v North Carolina states that a child's age properly informs the Miranda analysis.

“The IRS does not represent you, nor do they care about your best interests. If they believe that you have committed a tax crime, they will attempt to gather as much evidence against you as possible. Accordingly, if an IRS Special Agent confronts you, you should say that you want your attorney and keep your mouth shut” says Bradley Dorin, Esq. of Selig & Associates.

At Selig & Associates, all tax representation is provided by a Federal Tax Practitioner and Licensed Attorney. To schedule a FREE face-to-face consultation, contact Selig & Associates today. 

In Julia Layton’s article “How Police Interrogation Works” Julia says: “Getting someone to confess to a crime is not a simple task, and the fact that detectives sometimes end up with confessions from the innocent testifies to their expertise in psychological manipulation. No two interrogations are alike, but most exploit certain weaknesses in human nature. These weaknesses typically rely on the stress that results when people experience contrasting extremes, like dominance and submission, control and dependence, and the maximization and minimization of consequences. Even the most hardened criminal can end up confessing if the interrogator can find the right combination of circumstances and techniques based on the suspect's personality and experiences. In the United States, scholars estimate that somewhere between 42 percent and 55 percent of suspects confess to a crime during interrogation”.
Accordingly, we find that most IRS Special Agents prefer to use the “element of surprise”. That is to say, Special Agents like to confront suspects at home, the workplace and at social gatherings. To obtain statements against self-interest, Special Agents will ask you a series of accusatory, assumptive and open-ended questions. “These techniques are extremely effective because the IRS has already conducted a comprehensive investigation prior to confronting you” says David Selig of Selig & Associates. If there is sufficient evidence, the IRS Special Agent will recommend criminal prosecution and refer your case to the Department of Justice or the US Attorney. 

No comments:

Post a Comment

Selig & Associates is a boutique Tax Representation and Risk Management Firm specializing in unpaid tax obligations and commercial insurance coverage

  Tax Advocacy      Federal Tax Practitioner, CPCU and Attorney. Practicing before the Internal Revenue Service and New York State Departmen...