Government agents investigating tax offenses often work within well-defined parameters including the time period (i.e., frequently a six-year range) for an investigation without fully assessing the origins of financial transactions that contribute to an ultimate tax loss. This concept of “remaining in the box” can cause the tax loss attributable to fraud to be overstated, thereby contributing to an inflated “guideline sentence” for an individual defendant convicted of tax offense(s).
Introduction
Forensic accountants are routinely engaged to assist in the calculation of lost profits and economic damages in various types of litigation. One such engagement is assisting attorneys in calculating and/or reviewing calculations of tax loss attributable to alleged fraud committed by a defendant. These tax loss calculations are relevant when a court is determining the length of sentence for a defendant in criminal tax litigation.
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