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Claiming Illegal Income on Your Taxes: Yes, You Do Have to Do This


When most people think about filing taxes, the idea of claiming illegal income likely doesn’t come to mind. However, it's a critical part of staying within the law—even when the income itself is from unlawful activities. The IRS requires all income, regardless of its source, to be reported. For example, infamous mobster Al Capone was ultimately brought down, not by charges for his violent crimes, but by tax evasion.


The Legal Requirement to Report All Income

The IRS doesn't discriminate when it comes to tax revenue. According to U.S. tax law, if you make money—whether legally or illegally—it’s considered taxable income. For those engaged in illicit activities, this might seem counterintuitive. However, failing to report illegal income can bring significant legal consequences, adding tax evasion charges to the list of offenses. This practice has, in fact, been used as a tool by law enforcement to pursue criminals who might otherwise evade justice.


Al Capone, one of the most notorious crime figures of the early 20th century, evaded justice for years despite being responsible for numerous criminal activities, from bootlegging to bribery. Law enforcement struggled to pin him down for these crimes until they turned to the IRS for help. By investigating his failure to pay taxes on his vast (albeit illegal) income, the government successfully prosecuted him, and he was sentenced to federal prison in 1931 on charges of tax evasion. Capone’s story is a testament to the power of tax law in holding people accountable.


For taxpayers, this story illustrates an important lesson: if you don’t report income, you run the risk of substantial penalties, interest, and even criminal charges for tax evasion. For those engaged in legal businesses, ensuring accurate reporting avoids legal scrutiny and keeps tax obligations in check. And for those working with clients who might have complex income situations, it’s essential to advise them that full disclosure is always in their best interest.


Also keep in mind that a tax return for illegal income is prepared differently than one with legal income sources. If the income for a business is illegal, then most deductions to the income are disallowed, however, you can still deduct the cost of goods sold. This poses a tricky situation for producers and sellers of marijuana.  Because marijuana is legal in some states, but still considered illegal at the federal level, there may be a drastic difference in the taxable income at the state and federal levels.


Reporting all income, regardless of its source, protects taxpayers from further legal troubles and keeps tax matters straightforward. Al Capone’s fate is a stark reminder: tax compliance matters and is enforceable, even when other charges might be harder to prove. While it’s unlikely most taxpayers will find themselves in Capone’s position, staying on the right side of tax law is always the best policy.


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