I am being audited due to my accountant's errors should I use the fax fraud attorney that he recommendedI am being audited. I met with my accountant and after going over the books, he called his tax fraud attorney and now I am meeting with him. Not all income was reported, in error. My accountant made errors on my returns as well. Should I use the same tax fraud attorney or obtain one for myself on my behalf only> Attorney answers (2)
Like anything else that is critically important to you, some basic research may be in order. You obviously are concerned based on the source of the recommendation. The attorney may be fabulous. S/he may not be. Other than this recommendation, you should try to find out whatever you can about her or him. There are several attorney rating sites to consider looking at, including this one, which can provide more insightful information about the recommended attorney. Martindale-Hubbell is one: www.martindale.com Most state bar sites provide some rudimentary information about lawyers to the public--such as whether they are in good standing, are specialized in their practice (assuming that the state bar permits specilalization), have been sanctioned, etc. Traditionally, tax practice has been one area in which some attorneys have sought additional formal training since it is a bit arcane. Attorneys may obtain a degree called an LL.M. in Taxation to get that advanced training. At bottom, however, you need to feel comfortable with an attorney, decide whether the particulars of the retainer/fee arrangement make sense and is something you can afford, and in cases in which you are concerned about the potential for a conflict of interest, as you have expressed, that the answers provided seem reasoned, reasonable, and accceptable.
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Christopher Michael Larson, licensed in Washington
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I would lean towards using the lawyer recommended by the accountant once you are satisfied that the lawyer, in fact, has experience in litigating matters with the IRS, either internal IRS appeals or in the United States Tax Court.
Most lawyers have little, if any, experience in the tax court and will struggle with the sometimes arcane rules. Additionally, it would be best to settle the matter before there is a Notice of Deficiency. Usually, an accountant is best able to do that. 1 person marked this answer as good
Christopher Michael Larson, licensed in Washington
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