Our Tax Practice Tax

We regularly provide tax advice regarding how to minimize taxes for a particular transaction as well as how to plan ahead to minimize the tax implications from an impending event like the sale or foreclosure of real estate.  We also handle virtual all type of tax audits, litigation, and collection disputes.  In many cases, Clients have been referred to us by their attorneys, CPA's and real estate agents.  Taxes are steadily increasing and becoming more complicated and pervasive so it is really important to ensure that something you are about to do which makes sense legally or financially will not leave you with a large, unexpected tax bill.

Tax Audits and other Contested Substantive Tax Disputes n

We help Clients with all types of disputes with the IRS from providing advice on how to respond to a simple "letter" audit or notice of proposed change to representing Clients involved in both criminal and civil tax disputes throughout the administrative and judicial process.  We have successfully litigated against the IRS in Tax Court, District Court, Bankruptcy Court and even the Ninth Circuit Court of Appeals. While we are typically able to resolve most contested tax cases at the Audit or Administrative Appeal level without ever going to Court, the fact that we are ready, able and willing to take that step usually means that the IRS will prefer to settle and move on to their next case. Tax Attorney Tax Lawyer

Tax Collection

We provide comprehensive help for Clients who owe taxes they are not able to pay including assistance with all of the various IRS programs available as well as helping clients get rid of taxes in bankruptcy.  IRS programs include monthly installment agreements, hardship deferrals on collection (the IRS agrees to temporarily suspend collection) and offers in compromise (the IRS agrees to "settle" the tax debt for less than the amount owed.)  Bankruptcy can be an attractive option for Clients who either do not qualify for any of the administrative programs or who have other financial difficulties.

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The IRS currently relies on many elements from the "disposable monthly income" calculations used in Bankruptcy Court in determining how much and how quickly it will require a taxpayer to pay. Although the standards for these programs have been recently relaxed, the lack of adequate customer service personel and resources at the IRS makes it very difficult to get your case heard unless you are intimately familiar with the internal procedures and the administrative appeal system within the IRS.   We are typically able to resolve nearly all collection cases at the administrative level but litigation and the threat of litigation are occasionally needed to obtain a fair resolution.

Filing for Bankruptcy to Get Rid of Taxes and Tax Liens 

Contrary to what you may have heard, most taxes can be discharged in Bankruptcy.  There are some exceptions like payroll "trust fund" liabilities and fraud assessments, but as general rule, income taxes and sales taxes can be discharged provided that the taxes are old enough and some type of return was filed. Since I am a Certified Bankruptcy Specialist, I always look at how bankruptcy can offer a solution where other programs will not.  Sometimes a combination of an administrative program like "temporarily noncollectable" status followed by a bankruptcy can solve the problem completely.

 

Bankruptcy is also really effective if there are ongoing tax levies or liens in place, there is a dispute over the amount of taxes owed, and/or a client is able to pay the taxes owed over time but has other debts and/or the IRS or State requires a much higher monthly payment than the client can afford.  A Chapter 13 bankruptcy if very effective for clients who own real estate encumbered by tax liens; the bankruptcy code generally allows tax liens to be valued and then stripped off so that if the property later appreciates the client realizes the gain. 

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