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Communication by Counsel with Special Agents of the IRS in a Divorce in a Criminal Tax Investigation

After an initial correspondence to the Special Agent of the Internal Revenue Service, a meeting can be set. The attorney should not have the target, the taxpayer, at the meeting. The meeting should not be to divulge any relevant information by the attorney to the Internal Revenue Service but to attempt to find out from the Internal Revenue Service the status of matters, why is the taxpayer the target, the breadth or scope of the investigation, statutes that have been claimed to have been violated, the nature and extent of the investigation to date, witnesses that may be involved, potential other targets depending on how the investigation proceeds, and very importantly, in regard to any contacts that the Special Agent may have had with the taxpayer prior to engaging the attorney to attempt to determine, from the Internal Revenue Service’s perspective, as to what they asked the client and the responses of the client in regard to questions posed by the Special Agent.


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In Illinois, alimony is awarded without regard to marital misconduct. According to Illinois divorce law, the judge orders support from one spouse to the other if the parties cannot agree. The court awards alimony in a lump sum or for a fixed or indefinite period of time. The alimony may be paid from the income or property of the other spouse after considering all relevant factors, including the income and assets of each spouse, the needs of each party, the earning capacity of each party, any impairment of the earning capacity of the party seeking alimony caused by marital sacrifices, the time necessary for the receiving party to seek employment, the standard of living established while married, the length of the marriage, the age and health of both parties, and the contributions and services by the party seeking maintenance to the education or career potential of the other spouse.
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