please give advice on what and what not to say when meeting with an irs agent for the first time.
Employment / Labor Attorney
Yikes. If you don't have a savvy CPA or tax attorney representing you, at least spend a little bit for coaching.
My two cents.
David A. Mallen offers answers on Avvo for general information only. This offer of free, general answers is not intended to create an attorney-client relationship. If you need specific advice regarding your legal question, you should consult an attorney confidentially. Many experienced California labor and employment attorneys, including David A. Mallen offer no-risk legal consultations to employers and employees at no charge. David A. Mallen is licensed to practice law before all state and federal courts in California, as well as the California Labor Commissioner and the California Unemployment Insurance Appeals Board. Failure to take legal action within the time periods prescribed by law could result in the loss of important legal rights and remedies.
As Attorney Mallen mentioned, you should obtain competent counsel to assist you in this matter.
Andrew B Gordon is a CPA and attorney licensed to practice law in Illinois. The information provided here is for educational purposes only and is not intended as legal advice for a particular matter. This response does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult an attorney.
You are always better off having a tax attorney meet with the Revenue Agent. Is this audit of a business or personal tax return? Some personal matters are simpler and you may be able to handle the audit yourself. Nevertheless, you should contact a tax attorney and have the attorney review the matter before deciding whether to handle this by yourself.
If you do not like this answer or disagree, please look at one of the other answers provided. It is not necessary for you to try prove this answer is "wrong" or something with which you do not agree. This is a free service for you based on limited facts. Nevertheless, many times you need to consult an attorney with the details to get actual advice specific to your concerns. Do not put too many details in your questions or comments because this makes the information public and could hurt you. Government Regulations contained in IRS Circular 230 regulate written communications about Federal tax matters, including e-mail, between us and our clients. This is another attempt by the government to limit your rights and to extend the control of government over individuals and businesses. Nevertheless, such communications are either opinions or other written communications. This is not an opinion. It is other written communication and was not written to be relied upon, by itself, to avoid any tax penalties. In order to receive assurances of protection from tax penalties from a written communication, you should get an opinion letter. If you would like to discuss an opinion letter relating to any matter, please contact me and I will explain what is involved and what it will cost.
1. I cheat on my taxes
2. I hate paying taxes
3. The U.S. Constitution does not require me to pay taxes
4. I hate the IRS!
5. I’m a member of the communist party
6. Here is the set of books I used for my tax return – You can’t see the real set
7. I only report the amount of income that is sourced to me on form 1099
8. I play with my return until I’m paying the amount of taxes I feel I owe
9. Did you shower this morning?
10. I’m going to get even with you for this…
Response intended to be humurous... But seriously - don't go into an audit without representation!
The best stragegy is to determine what are the strengths and weaknesses of your tax return, know the issues before the audit, and know the law also. I would meet with a tax professional to plan your strategy before the audit especially if there is a probabilty of a large adjustment and you are unfamiliar with tax law. Answer only the question answered briefly. Establish your credibility.
Disclaimer of California Attorney. Laws differ from state to state. Although the above response is believed to be accurate, it should not be relied upon as any type of legal advice because the information provided is incomplete. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. No attorney client relation is formed with me without a written contract. Good Luck starts with a strategy and a plan. Robert J. Suhajda, MS,CPA Attorney-At-Law 17721 Norwalk Blvd. #43 Artesia, CA 90701 562-924-8922 Tax Relief Lawyer. Former financial auditor and controller. Admitted to US Tax Court, Income Tax, IRS representation, Fiduciary income tax returns, Estate and Gift tax returns, Homeowner Association Strategist.
First, you don't always need an attorney - depends on how much money is involved and the issues (if it's $2,000 max you're going to owe and no allegations of fraud - under reporting, income, etc. and you haven't committed any crimes, etc), then you are probably fine because the costs of having an attorney present will probably be more that what you owe.
Second - to answer your question...don't volunteer anything! Read up on the rules of what they can and can't ask. Do NOT show up early (be on time).
Third - if it is a lot of money at stake, then at least go over the issue with a tax professional first to get help (AVVO general questions on what to say is NOT a substitute).
Good luck with the situation.