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Frequently Asked Questions

What are IRS fraud badges?

These badges (or “flags” or indicators) of fraud may be used by the IRS as a basis to infer the existence of the level of intent necessary to assert a civil fraud penalty under Section 6663 of the Internal Revenue Code or, worse yet, to support criminal tax charges.

Are multiple badges sufficient to establish fraud?

In fact, in any given case, the government may consider the existence of one badge to be sufficient to establish fraud, and certainly, the existence of multiple badges together increases the taxpayer’s exposure.

What are first indicators of fraud?

This section discusses recognizing signs of fraud, known as first indicators (or badges) of fraud, and the development process used to prove fraud. Fraud is substantiated by establishing affirmative acts (firm indications) of fraud. Affirmative acts of fraud are actions taken by the taxpayer, return preparer and/or promoter to deceive or defraud.

What are the warning signs of tax fraud?

However, fraud may be present in any type of tax return. Unusual, inconsistent or incongruous items should alert compliance employees to the possibility of fraud and the need for further investigation. Taxpayer misconduct is an early warning sign of possible fraudulent conduct.


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