Choosing a Lawyer to Defend You from an IRS Audit
Posted: Friday, April 03, 2009
by Ron Finkelstein
Tax Deductions
What makes tax lawyers different from other legal eagles is that taxation itself is a vast subject and there are several branches in taxation. This is why no one lawyer can be an expert on all tax related matters. So you have tax lawyers who specialize in different tax issues and are considered experts in their respective fields. Thus, it becomes imperative to be well informed about this particular field and also your exact requirement when you go looking for a tax lawyer. This is the case only with tax law, not so much with other legal issues.
Matching the Lawyer to the Tax Audit Correspondence tax audits are the tool used most by them. In these audits, if it lets you know there is a problem and asks for more money or information. If they are asking for information that makes you nervous, go see a tax lawyer. If they are asking for money, determine whether you are comfortable paying it or want to fight it.
If you are asked to come to an office with materials supporting your claims you are now being given an office audit, which is the next level beyond a correspondence audit. The agent might try to trick you into giving more information than you legally need to. The best way to handle an office audit is to bring an experienced tax lawyer.
Field audits are the stuff of legend. In a field audit, they come to you. An agent will appear at your office or home and start rifling documents. This should scare the "you know what" out of you. In such a situation, you must get a tax audit lawyer. They will often sit down with the agent as the audit occurs. This is particularly effective since the lawyer can effectively push the agent in directions that are helpful to you while avoiding less comfortable areas.
When the IRS announces a field audit, it is of the utmost importance that you don't take the situation lightly. A field audit is serious business, and the agency wouldn't go so far unless they have strong suspicions that you are trying to defraud them. The question in the agent's mind will not be whether or not you have done something wrong, but rather how to prove that you've done something wrong. This will often lead to further tax assessments, and if they do find evidence of fraud, it will even lead to imprisonment for tax evasion.
The audit process can go on for years after the IRS first contacts you, so when you decide to retain a tax lawyer, he needs to be one that can actually help you.
You should choose a tax audit lawyer who will fight your case with high competence and nothing less. They say that the definition of wisdom is learning from your mistakes; however, this is not the time to allow for mistakes. Your lawyer should already possess said wisdom, and have at least seven years of experience in handling tax audits. You definitely want to avoid a situation in which an inexperienced lawyer is learning from his mistakes while defending you.
Ron Finkelstein is NOT a Tax Attorney or an accountant. He is merely a small business owner who has paid a lot of money over the years to learn a whole lot about Finding Tax Deductions, How to find a tax lawyer, and How to save a bundle when filing business taxes.
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Top-level comments on this article: (1 total)More importantly, don't delay in finding someone to help you if you're audited. People often make the situation worse for themselves by sticking their head in the sand simply because they're scared about the process . . . which then makes the IRS think there's really something "unsavory" going on.
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