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Courses/Law/Tax Law

How the IRS Reconstructs Income in Tax Fraud Cases

Uncover the IRS's forensic tactics for reconstructing income in tax fraud cases and learn robust defense strategies to protect your clients, even when direct evidence is elusive.

Created byMichael J. DeBlis III, Esq.
5.0
(5 reviews)
BeginnerUpdated Nov 3, 2025
How the IRS Reconstructs Income in Tax Fraud Cases

What You'll Learn

check_circleIdentify how the IRS reconstructs income in fraud cases.
check_circleDistinguish direct evidence from indirect proofs.
check_circleUnderstand tax evasion elements: substantial deficiency and willfulness.
check_circleRecognize 'badges of fraud' indicators.
check_circleAnalyze indirect methods like net worth and expenditures.
check_circleDifferentiate burdens of proof in tax fraud cases.

About This Course

Dive deep into the intricate world of tax fraud with "How the IRS Reconstructs Income in Tax Fraud Cases." This course provides a comprehensive exploration of how the IRS investigates and proves criminal tax offenses, offering invaluable insights for legal and financial professionals.

Led by an expert in tax law, Michael DeBlis, this course demystifies the complex strategies employed by the IRS, particularly when direct evidence of unreported income is scarce. You will learn about the critical distinctions between civil tax penalties and criminal charges, understanding the heightened burden of proof—especially willfulness—that the government faces in tax evasion cases.

Key topics covered include:

  • The journey of a tax fraud case: from initial examination ("eggshell audits") to potential referral to the Criminal Investigation (CI) division and the Department of Justice Tax.
  • Understanding the elements of tax evasion, including "substantial tax deficiency" and "affirmative attempt to evade tax," and how these thresholds guide prosecution decisions.
  • The pivotal role of forensic accountants in challenging government allegations and reducing potential tax deficiencies to avoid criminal referral.
  • In-depth analysis of "willfulness" as a state of mind, including the controversial "willful blindness" theory and its implications for FBAR (Foreign Bank Account Report) violations.
  • An examination of "badges of fraud" and circumstantial evidence the IRS uses to infer willfulness.
  • Detailed exploration of indirect methods used by the IRS to reconstruct income:
    • Net Worth Method: Demonstrating increased net worth through taxable income.
    • Expenditures Method: Proving unreported income through lavish spending patterns.
    • Bank Deposits and Cash Expenditures Method: A hybrid approach combining bank deposits and expenditures.
    • Percentage Markup Method: Inferring income based on industry profit margins.
  • Strategies for challenging indirect methods, including the defense of a "cash hoard" and scrutinizing the government's calculations.
  • The differences in evidentiary standards and burdens of proof between the guilt/innocence phase of a trial and sentencing, and how these impact case strategy.

Whether you are a criminal defense attorney, a tax professional, or simply interested in the intricacies of tax law, this course offers a nuanced and practical understanding of how tax fraud cases are built, defended, and prosecuted. Gain the knowledge to anticipate government tactics, formulate robust defense strategies, and advise clients effectively in the face of potential IRS scrutiny.

Your Instructor

Michael J. DeBlis III, Esq.
Michael J. DeBlis III, Esq.

Trial, entertainment law and U.S. international tax law

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star736 reviews

Michael is a partner in the boutique law firm of DeBlis Law where he specializes in tax compliance and entertainment law. Michael graduated from Western Michigan University School of Law in 2007 and later went on to earn his Masters of Law in taxation (LL.M.) from Thomas Jefferson School of Law in 2012. As a former public defender, Michael has spent nearly eight years cutting his teeth on some of the most serious felony cases to pass through the state courts of New Jersey. Michael’s unique background in tax law puts him into an elite category of criminal defense attorneys who specialize in criminal tax defense. His extensive trial experience and solid grounding in all major areas of federal taxation make him uniquely qualified to handle any white-collar case, no matter how sophisticated it might be. Michael is known for his creativity, his charismatic personality, and his unyielding dedication to his clients. As a graduate of the National Criminal Defense College, Michael has trained under some of the best known criminal defense attorneys in the country. That experience has taught him that justice for a person accused of a crime is only won through a full understanding of the client and the case. To that end, Michael attempts to understand each client’s case as a convincing narrative, not just as a set of innocuous facts and arcane legal rules. When he's not in the courtroom, you can find Michael on stage. As a professionally trained actor, Michael's passionate about helping trial lawyers harness the power of persuasion and positive communication in the courtroom in order to connect to the jury on a human level. Michael's training as an actor allows him to combine a unique blend of left-brain thinking with right brain artistry to make even the most dull and abstract areas of the law come to life. This burst of creativity has contributed to Michael's success as a distinguished author and sought-out speaker. Michael has written articles that have been published in leading tax journals, such as "CCH Journal of Tax Practice and Procedure," "EA Journal," "Global Tax Weekly," and "ABA News Quarterly" and is a columnist for "Law360." He has been featured on the media affiliates of several major media networks, including NBC, ABC, CBS, Fox, and CNN. Michael is a living example of the tremendous power that comes from combining passion, preparation, persuasion, and positive communication in the courtroom. His courage and relentless work ethic have earned him a reputation as a zealous advocate and one of New Jersey's rising stars of the legal profession.

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What Students Are Saying

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Frequently Asked Questions

We are a registered provider with 327+ associations and regulatory bodies worldwide. We operate across 29 global markets including Canada, the US, Australia, and the UK. Every course page clearly displays its specific accreditations. Upon completion, you receive a professional certificate that can be validated online. Our certificates include all necessary accreditation details, credit hours, and completion dates, and are formatted specifically to meet the submission requirements of most global regulatory bodies.