2011 FEDERAL SENTENCING GUIDELINES MANUAL
CHAPTER TWO - OFFENSE CONDUCT
PART T - OFFENSES INVOLVING TAXATION
1. INCOME TAXES, EMPLOYMENT TAXES, ESTATE TAXES, GIFT TAXES, AND EXCISE TAXES (OTHER THAN ALCOHOL, TOBACCO, AND CUSTOMS TAXES)
§2T1.8. Offenses Relating to Withholding Statements
(a) Base Offense Level: 4
Statutory Provisions: 26 U.S.C. §§ 7204, 7205.
1. If the defendant was attempting to evade, rather than merely delay, payment of taxes, an upward departure may be warranted.
Background: The offenses are misdemeanors. Under pre-guidelines practice, imprisonment was unusual.
Historical Note: Effective November 1, 1987. Amended effective November 1, 2004 (see Appendix C, amendment 674).