Capturing the Harm: Defining "Tax Loss" For Use in Federal Sentencing

The United States Sentencing Guidelines have set forth the system by which tax offenders are punished for violating the federal income tax laws. This Article explores the various methods that the appellate courts have used to define "tax loss" under the United States Sentencing Guidelines for purposes of sentencing enhancement for tax related offenses. It discusses the concept of "tax loss" for federal sentencing purposes, including the guideline provisions that drive the tax offender's offense level and ultimate guideline imprisonment range. It explores major circuit decisions which interpreted the proper implementation of the guideline sentencing factors.

Finally, it examines issues that remain unresolved and critiques some of the positions and methods that the reviewing courts have taken with respect to issues discussed in this article.