Audits and Administrative Appeals

Most people faced with a tax audit find it an extremely unsettling experience, even if they have no reason to fear that they have done anything wrong.

At Moskowitz, LLP, we understand the tremendous stress faced by people whose tax returns have been selected for audit. We have represented countless individuals and businesses before the IRS and various state taxing agencies – we know the audits and appeals procedures, and can provide you with the best defense strategy for any tax audit or appeal by tailoring our approach to your particular facts and circumstances.

Audit dangers

If you have received a notice of an income tax audit from the IRS or state tax agency, it is imperative that you consult with an experienced tax attorney immediately. The government is going to investigate you in an intrusive manner, and any information you provide (or don’t provide) to the auditor may be used to assess additional taxes, penalties and interest. In addition, criminal investigations rely heavily on documents submitted in response to otherwise routine inquiries – the IRS often expands its audits to additional years, additional businesses, and additional people.

Audits are a gateway, and not a positive one. An otherwise routine civil audit may lead to criminal charges against you, and our work is to prevent that!

Avenues of appeal

We strongly consider appealing an unfavorable tax audit decision. There are two ways of challenging an auditor’s Examination Report, through a Direct Appeal with an IRS Appeals Officer or by filing a U.S. Tax Court Petition. The latter is generally more advantageous: In Tax Court, the burden of proof is on the government and the settlement offers are far better. In addition, Tax Court judges have substantial tax law expertise and do not work for the IRS, so there is little concern of bias or of a poorly-reasoned decision. Finally, when the Tax Court makes its decision, usually all other issues for the tax years that were the subject of the litigation are also final.

While the IRS may feel like an unassailable machine, it is not, and good tax lawyers regularly broker settlements on appeal that are a fraction of what the auditor originally demanded. If you qualify, you may be able to recover attorneys’ fees and costs. This is something we have achieved for many of our clients.

Tax audit lawyers

Audit representation requires an intimate knowledge of the Internal Revenue Code, recent court case decisions, and taxpayer’s constitutional rights – as well as tenacity. The experienced tax attorneys at Moskowitz LLP have a tremendous track record and are ready to do everything possible within the bounds of the law to get you the best possible result.

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