IMPORTANT MESSAGE REGARDING COVID-19

We work with whistleblowers to expose fraud against the government.

Tax Fraud

Reporting tax avoidance compels violators to pay their fair share.

Created in 2006, the IRS Whistleblower Office provides financial compensation to conscientious individuals who provide information that leads to the recovery of unpaid taxes due to tax fraud. While these complex cases may take years to conclude, it can be time well spent in terms of justice and potential monetary reward.

Established as part of the Tax Relief and Health Care Act of 2006, the IRS Whistleblower Office provides rewards of 15 to 30 percent of the total proceeds collected as a result of the whistleblower’s information. Under the law codified at 26 U.S.C. §7623, there is no minimum recovery required in tax claims against corporations and other legal entities. However, in the case of tax liabilities of individuals, the law applies only if the individual’s gross income exceeds $200,000 for each taxable year at issue and only if the tax, penalties, interest, additions to tax, and additional amounts in dispute for the combined tax periods exceed $2 million.

Unlike qui tam claims filed under the Federal False Claims Act, tax whistleblower claims do not involve the filing of a suit against the responsible taxpayer (or tax evader). Rather, the whistleblower typically hires an attorney to research the tax issues in question, hire and advance the costs of experts in tax law and accounting, prepare forms and disclosures to be filed with the IRS Whistleblower Office, and to interface between the Office and expert witnesses for the duration of the investigation, which may require several years to conclude.

The types of tax claims that may be presented to the IRS Whistleblower Office are as varied and complex as the Internal Revenue Code itself. Areas of particular interest include:

  • Transfer pricing of pharmaceuticals manufactured in foreign countries and sold by U.S. subsidiaries of international pharmaceutical firms.
  • Schemes to shift corporate or individual income to offshore tax havens or jurisdictions with lower tax rates.
  • Tax shelters designed to generate deductions rather than legitimate business transactions.
  • Tax avoidance schemes involving capital gains on large real estate holdings.
  • Tax avoidance schemes involving the federal estate tax on large estates.

In April 2011, the IRS Whistleblower Office paid out its first-ever reward — a check totaling $3.24 million after taxes, based on a 22 percent cut of the $20 million in taxes and interest that was recovered roughly four years after the whistleblower’s initial complaint. There are reportedly many high-quality whistleblower claims that have been filed since the new law was put into place in 2006 that remain under active investigation. It will be only a matter of time before those investigations begin to be concluded, tax liabilities begin to be collected, and large rewards to whistleblowers begin to be announced on a regular basis. However, potential whistleblowers should be aware that it may take years for the typical IRS whistleblower claim to reach a conclusion.

In selecting counsel to pursue a tax whistleblower claim, an important consideration may be the financial resources available to the whistleblower’s counsel to retain the very best experts in the fields of accounting and tax law to substantiate the whistleblower’s claims before the IRS Whistleblower Office. As a mid-size plaintiffs’ firm with a national presence, the lawyers of Waters Kraus & Paul routinely work with expert witnesses in all of their cases. We do not hesitate to secure the services of renowned experts in order to bring cases to successful resolution.

What is Qui Tam?

Under the Federal False Claims Act (FCA), whistleblowers have the power to save taxpayers billions of dollars each year by taking a stand against fraud. The U.S. False Claims Act allows private citizens to file suits on the government’s behalf when the government has been defrauded through any federally funded contract or program. The qui tam provisions of the False Claims Act allow these citizens to recover damages. A number of states and the city of Chicago also have laws similar to the False Claims Act to protect against fraud. To learn more about the different types of fraud … READ MORE

What Are Qui Tam Whistleblower Laws?

May 24, 2021 In the United States, ordinary people can file lawsuits targeting fraud committed at federal taxpayers’ expense. It’s a centuries-old American tradition dating to 1778. Today’s whistleblowers operate under the provisions of the False Claims Act, enacted in 1863 and considered…
Qui Tam Whistleblower Laws

Firm Founders named to 2020 Texas “Super Lawyers”

April 21, 2021 Waters & Kraus, LLP is proud to announce that firm Partners C. Andrew Waters and Peter A. Kraus have been selected for inclusion on the 2020 Texas Super Lawyers list. The honor recognizes Mr. Waters and Mr. Kraus as being among the top 5% of Texas attorneys in their practice areas for personal Injury litigation and product liability litigation on behalf of plaintiffs. About Super Lawyers® Super Lawyers is a Thomson Reuters rating publication that annually conducts a rigorous review process to name outstanding lawyers from more than 70 practice areas. The selection procedure involves peer input, as well as…

What are my chances?

That’s the first question everyone asks. The truth is it’s impossible to know. But we can tell you this. Waters Kraus & Paul has what it takes to fight against big corporate interests and win. That’s why we’ve taken more mesothelioma trials to verdict than any other firm. And that’s why we’ve recovered more than $1.3 billion for clients like you. Do you think you have a case? Contact us now to speak with an attorney.

Call 800.226.9880