IRS Tax Law question that is complex and involves marital property (Family/Real Estate Law)...

Asked 10 months ago - Clermont, FL

Will the IRS answer a tax law question that I cannot get a straight answer on from a professional (I have met with a bankruptcy attorney, a tax attorney, a family law attorney, a CPA AND an accountant and gotten different answers to my question)
or should I simply file my taxes w a certified letter explaining how and why i filed the way I did and cross my fingers? If I can write to them, what address should I use? Should I lay it out as a scenario and not mention names, etc (I know they could figure it out by my return address but that would at least take some effort on THEIR part :P

Attorney answers (3)

  1. Tara Marie Warrington


    Contributor Level 11


    Lawyers agree

    Answered . Sometimes there is no "correct" answer. The law - especially tax law - is complex, usually with alternating interpretations. If you are considering taking a position on your tax return that you are concerned the IRS will disagree with, I strongly recommend you seek the advice of a tax attorney well versed in the issue at hand. There are specific procedures to follow to put yourself in the best position to defend your position.

    This answer is provided for informational purposes only, does not constitute legal advice, and does not create an... more
  2. David Samuel Willig

    Contributor Level 10


    Lawyers agree

    Answered . Your question is, candidly, not that clear, and that may be due to the nature of your inquiry. That is why it would be better for your consult counsel privately, rather than seek an answer to an admittedly complex question on a site like Avvo, as great as the site is. As for explaining why you file a certain way, that may possible depending on your situation. For example, international taxpayers seeking to avoid double taxation under a bilateral tax treaty must "take a position" and explain to the IRS when they file...and there is a form just for that.

  3. Charles R Smith

    Contributor Level 16


    Lawyers agree

    Answered . Sorry, but I do not understand your question. If it is a tax question, I would hire the tax attorney to advise you and stop soliciting tax opinions from others less versed in tax law. The IRS is not bound by what they tell you, and it's impossible to tell you what you should do. You can schedule an appointment at your local IRS office and talk to someone face to face. Perhaps they will give you the answer you seek. Good luck

    The above "answer" is for discussion purposes only and is neither intended as legal advice nor to create an... more

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