Federal Tax Audit

If you have been selected for an audit reason to believe:

  • You may be subject to criminal prosecution.
  • The information contained on your return for the year selected is false or has become false.
  • The income on your return is overstated.
  • The deductions taken on your return are overstated.
  • You are a business and pay a large amount of workers in cash without making proper payroll tax withholdings.

Please click here, http://www.irssolution.com/criminal-taxes.php.

Receiving an audit letter from the IRS is a frightening proposition for many. Often individuals experience feelings of fear, helplessness, frustration, or are shamed by the suggestion that the information they have provided on their tax returns is not accurate. Furthermore, audit letters are often accompanied by a multiple page request for documents, which often are several years old. Taxpayers often equate the experience of being examined by the IRS with being questioned by the police about the commission of a crime. Because our clients are often frightened by the prospect of an IRS audit, we want to stress that even though you are being audited by the IRS, this does not mean you have done anything wrong.   

What is an audit? 

An audit is a screening process that the IRS uses to gather information about groups of taxpayers and their income and expense habits, to ensure that taxpayers are being compliant with the Internal Revenue Code, and to ensure that the information you provided to the IRS was accurate. Although the IRS suspects wrongdoing in some of the returns it audits, most of the time the Revenue Agent is simply checking for accuracy. In most cases, the taxpayer has little to worry about. However, nervousness may cause you to say the wrong thing to the auditor, which can expose yourself to more potential liability. In addition, some Revenue Agents are overzealous in their examination and may take advantage of your unfamiliarity with the audit process. The most common mistake that taxpayers make is providing the IRS with too much information, thus launching a fishing expedition into multiple years of tax returns and areas that are outside the initial scope of the audit. This mistake can ultimately cost you lots of time and money when you receive your final examination change report.  

Your Rights in an Audit 

Simply because the IRS has decided to audit you does not mean that you have to bend to the Revenue Agents’ whim or have to be pushed around by extensive Information Document Requests (IDRs). Every taxpayer has the fundamental rights of due process, fairness and representation - even if your Revenue Agent ‘forgets’ to explain this to you. Be firm with any tax auditor regarding your rights and behave in a professional and courteous manner. Do not let the auditor confuse you and make sure he or she explains everything fully. 

Why Hire Professional Legal Help? 

Hiring an experienced tax firm to represent you in an audit has several key advantages.  

Expedite the Process.   

Although there is a common misconception that hiring an attorney signals guilt, most Revenue Agents prefer working with experienced counsel. Having experienced counsel can help expedite the process.  Having someone familiar with the audit process is easier to deal with and removes much of the emotion associated with your intimate financial details. This shortens the audit process and saves you both time and money.    

Existing Relationships with the Revenue Agents  

Another benefit from having experienced counsel is that there is a high probability that local counsel has dealt with the Revenue Agent, his or her manager, or others in the department and such existing relationship can help facilitate the audit.  

Limit the Scope of Your Audit 

Federal Tax Audit AttorneysExperienced counsel can often limit the scope of the audit to specific areas, rather than a general fishing expedition through multiple years.  Experienced counsel is often able to identify problem areas with the return through their own internal investigation.  This internal review allows counsel to tailor responses to the Revenue Agent’s questions accordingly, and ultimately will avoid or minimize exposure to tax deficiencies and the opening of other years. 

Overall, we generally recommend that you retain counsel to guide you through the audit process. Although there are costs associated with hiring representation, this is normally worth the investment as it helps to minimize your overall liability and shortens the audit. A few thousand dollars in legal fees can save your tens of thousands in tax deficiencies. However, whether retaining counsel is right for you is a case-by-case decision. We encourage prospective clients to contact our office. Your initial consultation with us is always free. In addition, our breadth of audit experience in taxation can provide our clients with a wealth of insights on how best to handle their audit and limit their exposure. We will guide you through the process - and explain step by step what is needed and why. Our firm has a sterling reputation with the audit groups and can use to your advantage. In most cases, you will not have to meet with an auditor and we will handle the entire audit process. 

For more information, please see:

 

Correspondence Audits

  • Typically, correspondence audits are for missing documents in your tax return that IRS computers have attempted to find. These usually include W-2's and 1099 income items or interest expense items.

  • This type of audit is usually handled through the mail with the correct documentation. If can not justify your deductions or income, the audit may be expanded.

  • We can help answering the request and by keeping in contact with the examination department

 

Office Audits

  • The IRS office audit is usually with a Tax Examiner who will request numerous documents and explanations of various deductions.

  • This type of audit may also require you to produce all bank records for a period of time so that the IRS can check for unreported income.

  • The IRS audit schedule for your home or office should be taken more seriously due to the fact that the IRS Auditor is a Revenue Agent.

  • Revenue Agents receive more training and auditing techniques than a typical Tax Examiner.

 

Are you being audited?

…by the Internal Revenue Service, Franchise Tax Board, State Board of Equalization, Employment Development Department or other State Department of Taxation?

If you choose to go it alone and handle the audit yourself, you may experience feelings of helplessness and frustration. Nervousness may cause you to say the wrong thing to the auditor exposing yourself to more potential liability. The auditor may take advantage of your unfamiliarity with the audit process. Worse yet, you may be overcome with the fear that your case may be referred to criminal investigations for criminal prosecution.

Pause…..take a deep breath

Just because a taxing authority has decided to audit you, does not mean you have to be pushed around. Every taxpayer has the fundamental rights of due process, fairness and representation- even if the auditor ‘forgets’ to explain this to you.

Protect your rights!

Be firm with any tax auditor regarding your rights and behave in a professional and courteous manner. Do not let the auditor confuse you and make sure he or she explains everything fully.

What are the risks of not having expert representation?

  • Due to budget cutbacks, many government auditors may not have the time necessary to perform a comprehensive review of all appropriate documents

  • The auditors function is to ensure compliance with the law…

  • However, assessments made as a result of the audit help to fund the deficit- due to this inherent conflict in the auditor’s role, it is difficult for the auditor to be objective and ensure the taxpayer’s rights are fully protected. The auditor naturally feels a loyalty to the IRS.

  • It is relatively common for an auditor to ask the taxpayer for information and not explain how the information will be used, or worse yet, not explain what will happen if the taxpayer cannot provide the information. Most taxpayers have no familiarity with the audit process.

  • In either case, this can lead to an erroneous conclusion on the part of the auditor and result in an incorrect assessment…or even fraud penalties..

  • This can cause your tax liability to significantly increase

Ultimately, this can cost the taxpayer thousands of dollars.

Remember, in addition to any ‘findings’ by the auditor of unpaid taxes, you will also be assessed interest and penalties.

Would you go into a court room without a lawyer?

Do not take chances…..hire a skilled tax attorney who will vigorously and objectively defend your rights.

The Law Office of Ronson Shamoun is highly skilled at audit representation.

Our breadth of audit experience in taxation and provide our clients with a wealth of insights on how best to handle their audit and limit their exposure. We will guide you through the process- and explain step by step what is needed and why. Our firm has a strong representation with the audit groups and can use to your advantage.

About Criminal Taxes

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