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Category Archives: IRS Audits and Litigation

Why You Need An Experiance Tax Attorney To Successfully File a Petition to Quash an IRS Summons!

We previously posted Right to Challenge IRS Summonses Important With New IRS Audit Procedures! on June 19, 2014,where we discussed that the United States Supreme Court issued its decision in United States v. Clarke, No. 13-301, reaffirming the right of a recipient of an IRS summons to challenge the summons by examining IRS officials in an adversarial proceeding. 

The impact of the Supreme Court’s decision in Clarke will be significant in light of a recent IRS directive (LB&I Control No: LB&I-04-0613-004), effective January 2014, which mandates that IRS examining officers issue a summons if a taxpayer fails to respond to an information document request (IDR) during the information gathering phase of an examination. (See our post: 2014 LB&I Information Document Request (IDR) Enforcement Process - Ready or Not?).

However, it's important to understand that you need an attorney, and preferably an Experiance Tax Attorney,
to successfully file a Petition to Quash an IRS summons!

Case in point Fisher v. U.S., which was f:               

Pro se taxpayer's petition to quash 3d party summons was dismissed based on her failures to prosecute, to follow F.R.Civ.P. and local court rules, and to comply with prior order to respond to govt.'s dismissal motion: although public policy generally favored decision on merits, dismissal was warranted here given taxpayer's delinquencies, risk of prejudice to govt., and public interest in judicial efficiency and prompt resolution of litigation. But, dismissal was without prejudice. (Fisher v. U.S., DC AZ, 114 AFTR 2d ¶2014-5241 ) 

Do You Have An IRS Summon
That Needs To Be Challenged? 

Contact the Tax Lawyers at 

Marini & Associates, P.A.  

 
for a FREE Tax Consultation
Toll Free at 888-8TaxAid (888) 882-9243

Read more at: Tax Times blog

The IRS Now Has Six Years To Audit Your Taxes!

Beware: IRS Now Has Six Years To Audit Your Taxes, Up From Three preview image

Forbes has an article Beware: IRS Now Has Six Years To Audit Your Taxes, Up From Three which discussed that no one wants to be audited, so knowing how long your tax return can be attacked is important.

The statute of limitations on taxes is a fundamental rule allowing taxpayers to eventually cut off their exposure. It can be pretty satisfying to say to the IRS, “sorry, you’re too late.” But this year, that will be a little harder due to an expansion of the IRS’s power to audit for extra years.

Six years can be a long time. Filing your return early won’t help either.

The time periods can be even longer than six years in some cases. The IRS has no time limit if you never file a return. For unfiled tax returns, criminal violations or fraud, though, the practical limit is usually six years.

Another scary rule is that the IRS can audit forever if you omit certain tax forms. Plus, once an assessment is made, the IRS collection statute is typically 10 years.

In some cases, the IRS can go back 30 years. In Beeler v. Commissioner, the Tax Court held Mr. Beeler responsible for 30 year-old payroll tax penalties. Click Here To Read More...

Have a Tax Problem?
 
 
Contact the Tax Lawyers at
Marini & Associates, P.A.
 
 for a FREE Tax Consultation Contact US at 
or Toll Free at 888-8TaxAid (888 882-9243).
 

 

Read more at: Tax Times blog

Budget Cuts to IRS Business Cause Audits to Plummet!

Preview of the share imageThe Internal Revenue Service’s audits of business tax returns have declined steeply in recent years, thanks to successive rounds of budget cuts, according to a new analysis.

Syracuse University’s Transactional Records Access Clearinghouse, or TRAC, analyzed the IRS’s records from fiscal year 2010 through fiscal year 2015 and found revenue agent hours aimed at corporations with $250 million or more in assets have declined 34 percent, while unreported taxes uncovered by IRS that would otherwise have been lost to the government dropped 64 percent.

The declines were even steeper for the largest corporations, those with $20 billion or more in assets. 

Even more recent data through February of 2016 indicate that business audits of large companies are running 22 percent lower this year than for the same period last year.

To Read More...

Have a Tax Problem?
 

Contact the Tax Lawyers at
Marini & Associates, P.A.
 
 for a FREE Tax Consultation Contact US at 
or Toll Free at 888-8TaxAid (888 882-9243).

Read more at: Tax Times blog

What to do When You Receive an IRS Notice?

The IRS  sends many, many, many, letters and correspondence before they levy or garnished any Taxpayer's wages, bank accounts, or other assets. Many taxpayers take the ostrich approach and ignore the problem, in hopes that it will go away.
If you’re facing an IRS Problem, appropriate action can go a long way towards resolving it!
1. Respond Quickly to All Inquiries and Notices
  
The IRS will send a notice or letter if:
  • You have a balance due.
  • You are due a larger or smaller refund.
  • They have a question about your tax return.
  • They need to verify your identity.
  • They need additional information.
  • They changed your return.
  • They are notifying you of delays in processing your return.

2. Read the Entire Notice or Letter Carefully.

Typically, the IRS only needs a response if you don’t agree with the information, the IRS needs additional information, or you have a balance due. If the IRS changed your tax return, compare the information the IRS provided in the Notice or Letter with the information in your original return. If the IRS receives a return that they suspect is identity theft, the IRS will ask you to verify your identity using the web address provided in the letter.

When you get a notice in the mail from the IRS, it will have a file/case/claim or other reference
number on the document. You’ll also notice the document likely arrived days (or weeks) later
than the date on the letter/notice.

3. Contact the IRS if You Have Questions or Disagree With the Notice.

The IRS provides their contact phone number on the top right-hand corner of their correspondence.

Call the that phone number as soon as possible upon receipt of the notice to make certain the IRS is aware you are “pending action.” Be sure you have your tax return and any related documentation available when you call. Alternatively, you can write to the IRS at the address in the correspondence to explain why you disagree. If you write, allow at least 30 days for their response.

4. Respond Within the Required Time Frame.

 
If the IRS ask for a response within a specific time frame, you must respond on time to minimize additional interest and penalty charges or to preserve your appeal rights if you don’t agree.

5. Document all communications with the IRS
If you mail communications to the IRS, send them as certified mail to guarantee arrival and receipt. If you communicate with the IRS by telephone, the responding agent will give you his/her name and ID
number. Be certain to write it down along with the date/time/subject of your call and any answers or information the agent provides. If you do not get a name and ID number, be sure to ask and/or confirm before the end of your call. That way if there are any disputes, there is a record of your communications.
6. Turn Over the Right Paperwork
Inexperienced taxpayers often think that the more paperwork they turn over, the better. The IRS
may even encourage this by stating that they can help you resolve your tax problem. While this may be true, IRS Revenue Agents can and often do make additional adjustments based upon the information and paper work which you supply. Only provide the information that is needed to resolve the problem at hand, not that which may open up a whole new set of problems.

6. Contacting an Experience Tax Attorney Can Help

When you respond quickly to notices and requests for information, you’re likely to find that the
situation can be resolved successfully on your own. But when audits or multiple issues arise, it is advisable to have an Experienced Tax Attorney on your side. 

When you have IRS tax problems, it is very important to handle them very carefully. IRS tax matters are very technical and sensitive; therefore a slight mistake in the process can cost you dearly in the form of loss of money, loss of time and general frustration. The tax laws and procedures involved in settling  your IRS taxes can be very complex and you may not completely understand it.

Dealing with IRS involves navigating the complicated maze of U.S. tax law. A Tax Attorney has the knowledge of tax law and expertise needed to negotiate with the IRS on your behalf to reduce Tax debt & IRS Problems.

The Internal Revenue Service has an army of employees and tax attorneys representing them

and as a taxpayer, you should have the same benefits which result from hiring an Experienced Tax Attorney to represent You, your Business & your Family.

Have a Tax Problem?
 



Contact the Tax Lawyers at
Marini & Associates, P.A.


 for a FREE Tax Consultation Contact US at 

or Toll Free at 888-8TaxAid (888 882-9243).

Read more at: Tax Times blog

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