What is Tax Law Law?
Tax attorneys handle legal issues involving federal, state, and local taxes. They represent individuals and businesses in IRS disputes, audits, collection matters, and tax court proceedings. They also provide tax planning advice for transactions, estate planning, and business structure. Unlike CPAs, tax attorneys can provide legal representation and privileged advice.
Types of Tax Law Cases
IRS Audits
Examination representation
Back Taxes
Resolving unpaid tax debt
Offer in Compromise
Settling for less than owed
Tax Court
Litigation over tax disputes
Tax Planning
Strategic tax minimization
Business Tax
Corporate and entity taxation
Estate Tax
Wealth transfer taxation
Tax Fraud Defense
Criminal tax matters
What to Look For
- Experience with yourExperience with your specific tax issue
- Knowledge of IRSKnowledge of IRS procedures and negotiation
- Tax court litigationTax court litigation experience if needed
Red Flags to Avoid
- Guaranteeing specific IRSGuaranteeing specific IRS outcomes
- Promising to 'makePromising to 'make tax debt disappear'
- Aggressive tactics thatAggressive tactics that could backfire
Typical Costs
$250-$500/hour
- •Audit representation: $2,500-$10,000+
- •Offer in Compromise: $3,000-$10,000+
- •Tax court cases: $10,000-$50,000+
- •Tax planning consultations: $500-$2,500
- •Some offer flat fees for specific services
- •Complex matters billed hourly
Expected Timeline
Varies widely
- •Audit resolution: 3-12 months
- •Offer in Compromise: 6-24 months
- •Tax court: 1-3 years
- •Payment plan setup: 1-3 months
- •Criminal investigations: 1-5 years
Understanding Your Rights with the IRS
Taxpayers have rights when dealing with the IRS: the right to be informed, to quality service, to pay no more than correct tax, to challenge positions, to appeal, to privacy, and to representation. A tax attorney ensures these rights are protected throughout any IRS interaction.
Prevention Through Planning
The best approach to tax problems is preventing them. Proactive tax planning minimizes liability legally, ensures compliance, and positions you well if questions arise. Regular consultation with a tax professional catches issues before they become expensive problems.
Don't Ignore IRS Notices
Ignoring IRS correspondence is the worst response. Deadlines pass, penalties accumulate, and the IRS gains more collection power. Even if you can't pay, responding preserves options. A tax attorney can help you respond appropriately and protect your interests.
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Frequently Asked Questions
What should I do if I'm audited?
Don't panic – most audits are routine. Don't ignore the notice or meet with the IRS alone. Gather documents related to the items being questioned. Consider hiring a tax attorney who can represent you, communicate with the IRS, and protect your rights throughout the process.
Can I negotiate with the IRS on taxes owed?
Yes. Options include installment agreements (payment plans), offers in compromise (settling for less), currently not collectible status, and penalty abatement. Each has requirements and limitations. A tax attorney evaluates which options fit your situation and negotiates on your behalf.
What is an Offer in Compromise?
An OIC allows you to settle tax debt for less than owed if paying in full would create financial hardship. The IRS considers your income, expenses, assets, and ability to pay. Most OICs are rejected, so proper preparation with a qualified attorney is essential.
What's the difference between tax fraud and negligence?
Negligence is unintentional error or carelessness – serious but typically resulting in penalties and interest, not criminal charges. Fraud requires intentional wrongdoing to evade taxes. Fraud can result in criminal prosecution, significant fines, and imprisonment.
Can the IRS take my house or wages?
Yes. The IRS has powerful collection tools including wage garnishment (levies), bank account seizures, and property liens. However, legal protections exist, and a tax attorney can negotiate alternatives or challenge improper collection actions.
How far back can the IRS audit?
Generally 3 years from filing, or 6 years if more than 25% of income was omitted. There's no limit for fraud or unfiled returns. The IRS typically focuses on recent years but can go back further with cause.
Should I use a CPA or tax attorney?
CPAs handle routine tax preparation and planning. Tax attorneys are needed for legal disputes, criminal investigations, tax court, and situations requiring attorney-client privilege. For audits and negotiations, either may represent you – choose based on experience with your issue.
What if I haven't filed taxes in years?
Address this proactively before the IRS contacts you. You may still file past returns and enter payment arrangements. The IRS is often more lenient with voluntary disclosure than with taxpayers who are caught. A tax attorney can help you get compliant while minimizing consequences.
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