tax evasion. The willful attempt to defeat or circumvent the tax law in order to illegally reduce one’s tax liability. • Tax evasion is punishable by both civil and criminal penalties. — Also termed tax fraud. Cf. TAX AVOIDANCE. [Cases: Internal Revenue 5263; Taxation 1103. C.J.S. Internal Revenue § 847; Taxation § 1782.]
evasion n. 规避；逃避；以使诡计的办法规避 指回避事实或逃避法律制裁的一种狡猾的行为。在税收中，偷税〔tax evasion〕同避税〔tax avoidance〕是不同的，前者是指利用非法的方法不缴纳应纳税款，而后者是指根据法定的减、免税规定少缴或不缴应纳税款。
tax avoidance. The act of taking advantage of legally available tax-planning opportunities in order to minimize one’s tax liability. Cf. TAX EVASION. [Cases: Internal Revenue 3056–3058; Taxation 108. C.J.S. Internal Revenue §§ 3, 14–16; Taxation § 88.]
avoision ([schwa]-voy-zh[schwa]n), n. An ambiguous act that falls between legal avoidance and illegal evasion of the law. • The term, coined by Arthur Seldon, an economist, is a blend of evasion and avoidance. Avoision usu. refers to financial acts that are not clearly legal tax avoidance or illegal tax evasion, but it sometimes appears in
suspicious-transaction report. A checkbox on IRS Form 4789 formerly (1990–1995) requiring banks and other financial institutions to report transactions that might be relevant to a violation of the Bank Secrecy Act or its regulations or that might suggest money-laundering or tax evasion. • This checkbox, like the criminal-referral form, has since been superseded by the
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leads doctrine. Tax. In a tax-evasion case, the rule that the government must investigate all the taxpayer’s leads that are reasonably accessible and that, if true, would establish the taxpayer’s innocence, or the government risks having the trial judge presume that any leads not investigated are true and exonerating. [Cases: Internal Revenue 5312.]
Fraud that has been made illegal by statute and that subjects the offender to criminal penalties such as fines and imprisonment. • An example is the willful evasion of taxes accomplished by filing a fraudulent tax return. Cf. civil fraud; larceny by trick under LARCENY. [Cases: Internal Revenue 5263.20; Taxation 1103. C.J.S. Internal Revenue §§