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Civil or Criminal Risk Screener

Six questions that identify whether a civil IRS matter shows indicators of criminal-tax risk — and when to stop ordinary examination handling immediately.

Workflow screening tool only. Not legal advice. Not a substitute for professional judgment.

Answer each question — result updates as you go

This screener surfaces escalation indicators drawn from IRS Internal Revenue Manual guidance, Circular 230 practitioner obligations, and published case law on willfulness and criminal-tax exposure. Answer honestly — "Not sure" is treated conservatively.

Question 1 of 6

Has an IRS Criminal Investigation (CI) agent, Fraud Technical Advisor (FTA), or Fraud Enforcement Advisor (FEA) appeared in or been mentioned in connection with this matter?

Includes attendance at meetings, contact with the taxpayer or the firm, or notification that IRS-CI has an interest in the matter.

Question 2 of 6

Has the IRS issued a summons under Section 7602 for records, documents, or testimony?

A Section 7602 summons is a formal legal demand — distinct from a routine IDR (Information Document Request). It requires immediate legal analysis before any response.

Question 3 of 6

Has the civil examination paused unexpectedly, shifted topic without explanation, or has the revenue agent or examining officer become difficult to reach or schedule?

Unexplained pauses in a civil audit — especially after documents have been produced — are one of the most consistent indicators of a Criminal Investigation referral or flagging.

Question 4 of 6

Is the IRS agent asking questions specifically about what the taxpayer knew, intended, or whether the taxpayer was aware of an omission or discrepancy — rather than focusing only on what the correct figures are?

Civil agents are not supposed to build criminal cases. Unusual focus on the taxpayer's knowledge or intent is an early warning that criminal exposure is being assessed.

Question 5 of 6

Does the client intend to provide an explanation that may be inconsistent with existing records, unsupported by contemporaneous documentation, or relies on speculation rather than verified facts?

Statements to IRS agents — including civil agents — can be used against the taxpayer. False, incomplete, or misleading statements carry independent criminal risk under 18 U.S.C. § 1001.

Question 6 of 6

Does this matter involve any of the following: unexplained bank deposits, material discrepancy between lifestyle and reported income, false entries in books and records, large cash transactions, or concealed assets or foreign accounts?

The IRS Internal Revenue Manual identifies these as documented indicators of potential fraud. Their presence escalates the risk that a civil matter develops criminal overtones.

How to use this screener

What each indicator means

How TaxRiskOS handles criminal-risk notices

TaxRiskOS applies this escalation logic at intake. For notice types that carry criminal-tax risk — including any special-agent contact — the workflow shows a hard-stop panel with no document checklist and directs the practitioner to counsel. This screener is the standalone free version of that same logic.