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Your Odds of An Audit

Posted on: 27th Feb 2012 by administrator : No Comments

Audit 2012: Your Odds of an Audit are Going Up Worried about a tax audit? Now more than ever there is cause for concern. In large part because of the long recession, the Obama administration is in huge need of tax dollars to keep the government going. Thus, more Americans than ever may be subject to unwanted attention from the Internal Revenue Service this season as the government pumps billions of dollars into tax collection. My name is John Ellsworth and I am a tax lawyer who specializes in the defense of personal and business tax audits. Every day I am on the firing line of the IRS and the taxpayer, helping people just like you prove their returns are accurate and truthful. Sometimes they are not so truthful and I help those people repair the damage they might have done too. Here are some tax audit flags I have… More

Why Go to Tax Court

Posted on: 27th Feb 2012 by administrator : No Comments

In my tax lawyer practice I file many Tax Court petitions for my clients. Most often they are filed before the running of the 90 day cutoff following receipt by the client of Notice of Deficiency. Filing a Tax Court petition is simpler than filing a protest with Appeals. A tax practitioner who can prepare a protest can surely prepare a Tax Court petition. Going to Tax Court, however, is a requisite skill for any attorney who is going to practice tax law. Navigating the murky waters of Tax Court requires the greatest care and highest level of experience. Only the foolhardy novice would take it on without careful consideration. For aggressive and thoroughly prepared legal representation call tax audit lawyer John Ellsworth at the Ellsworth Law Group. Why am I so successful in Tax Court? Because your case is prepared entirely by me – this is my secret. I… More

Who You Will be Facing in Tax Court

Posted on: 27th Feb 2012 by administrator : No Comments

Who Will I Be Facing? Once a taxpayer files a Tax Court petition, IRS District Counsel has jurisdiction. Counsel refers the case to the IRS Appeals Office to determine whether Appeals can settle it (Rev. Proc. 87-24). Appeals and District Counsel will deal directly with a taxpayer ‘s representative who holds a power of attorney. Only the Tax Court refuses to recognize a holder of a Power of Attorney as the taxpayer’s representative, unless the holder is admitted to practice in Tax Court. If the case is settled in a client’s favor, an adviser can help him submit a motion for fees and expenses under Sec. 7430 and TC Rule 231, for all services associated with the proceeding; services include accountants’ fees. If the taxpayer did not receive a 30-day letter, filing a petition cannot be used against him on grounds of protracting the proceedings (Reg. 301.7429-1(e)(2)). Fee awards are… More

What Can Trigger a Tax Audit

Posted on: 27th Feb 2012 by administrator : No Comments

100% AUDIT EXAMINATION Low IRS audit rates do not mean that your tax return will avoid IRS scrutiny. The IRS officially audited only 1.67% of all personal tax returns in 1997, the most recent year for which numbers are available. But in reality, on most tax returns 100% of the income and most of the deductions are checked by IRS computers through the IRS’s information return matching program. IRS computers now check the numbers reported for 29 different kinds of income (that includes income from all 1099 forms), and your deductions of state taxes, real estate taxes, and mortgage interest. IRS computers also check your dependency exemptions, both SSA numbers and their matching names. They also check to see whether the dependent was claimed by someone else or filed a return themselves. To the extent that your income and deductions fall into these categories, 100% of them are examined whether… More

Types of Tax Crimes

Posted on: 27th Feb 2012 by administrator : No Comments

The most common tax crimes include tax evasion, willful failure to file return or supply requested information, willful failure to collect or pay over withholding tax, preparing false tax returns or submitting false tax documents, making false statements to governmental tax officials, making false claims, perjury, bribery, aiding and abetting in the preparation of false documents, and failure to file currency transaction reports. There are also comparable state tax law violations in the event the same acts are involved with state governmental tax agencies.  Tax crimes may be charged against individuals, as well as corporate officers, partners, fiduciaries and others involved in the tax reporting chain. Whether the tax crime charges will be filed is dependent upon the amount of admissible evidence against the taxpayer, not dependent upon the amount involved.  Therefore, tax crimes are relevant to all taxpayers, not only the taxpayers that have made significant amounts of taxes…. More

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