When and How to Choose a Tax Attorney

Submitted By Our Expert Taxes Author, Ron Finkelstein on 2008-02-05  


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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 Tax Deductions, how to select a tax lawyer, and How to save a bundle when filing business taxes.

Because there are so many different types of taxes, tax law is an extremely specialized area of expertise. This implies that not every lawyer has the same expertise in every kind of tax issue, and as a result you would be wise to prepare thoroughly, and spend more time researching good tax lawyers than you would normally do with problems that require any other kind of legal expertise.

Many Americans worry about being audit after filing their taxes. If this happens, the best thing to do would be to seek out a lawyer who can understand your specific situation. The IRS has three different ways of auditing you so if you are worried about a possible audit a tax attorney should be contacted at once.

One form of tax audits is correspondence. In this situation, the IRS normally notifies you that there are errors on your tax return and they might request documentation and/or additional funds. It is up to the individual to analyze this request and determine whether they can provide the appropriate funds or send the requested documents. In some cases it might make you more comfortable to retain a tax lawyer. The decision is up to you and your comfort level with the requests from the IRS.

Office audits are a step up from correspondence audits. You are asked to come to an office with documents and/or information. It is highly recommended that you do not go without an experienced tax audit lawyer. If you do, the agent may try to get you to say incriminating statements or provide information for which they have no right to get. A good tax audit lawyer will put a stop to such tactics.

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 comes calling, it is extremely important to take the situation seriously. They aren't auditing you unless the agency believes you are playing games with your taxes. The agent's mindset will not be whether you have done something wrong. Instead, it will be how to find proof you've done it. This mindset often leads to further tax assessments and even jail time for tax evasion.

If they contact you regarding an audit, you could be looking at years of stress. Once you make the smart choice of retaining a tax audit lawyer, you need to pick the right one.

You would be well advised to choose a tax audit lawyer whose only thought is to go to bat for you. Insist on no less than seven years of experience in the field; more is better. Keep in mind that this person is defending you; you don't want someone who is still learning the ropes. Let someone else's case be the place of learning, while you retain a lawyer who has already been battle-hardened.

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