Avoiding Tax Scams

We're just a month away from the tax filing deadline of April 15, and many people are busy preparing for tax season -- including some people who want to cheat you out of your money! Unfortunately, these scammers may target immigrants, thinking that they will be less likely to know their rights.

In general, you should be very skeptical of anyone who calls you on the phone, pretending to be from the IRS. The IRS will always send you a notice first. Also, don't believe anyone who threatens to have you arrested if you don't pay.

If you get a phone call from someone who says they're from the IRS, don't give them any personal information, or any bank account or credit/debit card information, or any information at all. Do not pay them through any means, including wire transfer. Just hang up and call one of these numbers:

• If you think you might owe back taxes, call the IRS at 1-800-829-1040.
• If you're sure you don't owe any taxes, report the incident to the Treasury Inspector General for Tax Administration, at 1-800-366-4484, or online at www.tigta.gov .

For more information, read this article or check out the IRS's website on Tax Scams.

Federal Tax Crimes Considered Aggravated Felonies For Aliens

The United States Supreme Court held in Kawashima v. Holder that aliens who commit certain federal tax crimes are at risk of deportation because such crimes fall under "fraud or deceit" under 8 U.S.C. sec. 1101(a)(43)(M)(i) and are considered "aggravated felonies as defined in the Immigration and Nationality Act, 8 U.S.C. sec. 1101 et seq, when the loss to the Government exceeds $1,000."

Justice Ginsburg dissented on the grounds that the Court's holding was too broad and "sweeps a wide variety of federal, state, and local tax offenses - including misdemeanors - into the 'aggravated felony' category." Justice Ginburg also noted that the decision would have a negative impact from a policy standpoint since it "may discourage aliens from pleading guilty to tax offenses less grave than tax evasion, thereby complicating and delaying enforcement of the internal revenue laws." Justice Ginburg's dissent was joined by Justice Breyer and Justice Kagan.

The Court rendered its decision in the case of Kawashima v. Holder on February 21, 2012.


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