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Can a { Top Notch } CPA fight for my rights as well as an excellent Tax Attorney can?

New York, NY |

more importantly ... I have 2 unfiled years to hand in and a tax warrant was issued by NY state
after a IRS lien and notice of intent to levy on a back year that was filed and unpaid

I had hired *** to represent me and for a while their ( unorthodox ) ?
approach was to employ me in an LLC and let the tax authorities garnish my upcoming
wages ~~~ this plan fell apart as the LLC never started operations and the tax firm
split up ....

I have additional mess (es ) estates in probate / administration / possible landlord tenant
lawsuits forthcoming / guardianship hearings next year to attend

plus I am still recovering from the sudden loss of a long time best friend to suicide

I went from having income of almost 250K in 08 to under 50 cents in bank
and food stamps HELP !

Attorney Answers 3


  1. Not in court, unless the CPA is also an attorney.

    NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. DO NOT RELY ON ANY ADVICE YOU RECEIVE FROM ME OR ANY OTHER ATTORNEY IN THIS FORUM. Legal advice comes after a complete review of the facts and relevant documents and an expressed (written) agreement of representation that forms attorney-client confidentiality. Neither of these two events can occur in this forum. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. His answers to any Avvo question are rooted in general legal principles--NOT your specific state laws. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this or any other matter.


  2. You are always better to have an attorney because there is no CPA-Client privilege and the CPA could be compelled to testify against you.

    This answer is made for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party, any partnership, investment plan, arrangement, legal structure or other transaction addressed herein.


  3. Many CPAs can be as effective if not more effective than attorneys. Attorneys DO have privilege. However, privilege may not be critical for you. You need to find the best practitioner. As suggested, one who is an attorney AND CPA may be best. You can find such through the website of the American Association of Attorney-Certified Public Accountants.

    Marty Davidoff, emd@taxattorneycpa.com, 732-274-1600. This answer is provided for general information only. You should seek advice from an attorney or tax professional.

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