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.
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