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What do I need to do? Got a call from the IRS saying we were "picked" for an audit for

Houston, TX |

2008 and 2009 returns - and they are coming to my home?

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Attorney answers 3


They will not necessarily come to your home. It depends on the type of audit. The written notice you receive for the audit should tell you what type of audit it is. You may need to go to your local IRS office, or meet at you home with a revenue agent. Typically, if you are self employed or have a business the IRS will visit you. If you are an individual wage earner you will probably go to there office. You should consider hiring a tax professional to represent you in the audit.

Any individual seeking legal advice for their own situation should retain their own legal counsel as this response provides information that is general in nature and not specific to any person's unique situation. Circular 230 Disclaimer - Advice given in this response cannot be used to eliminate penalties with the IRS or any other governmental agency.


Most audits are "office audits" where they have a few questions that they need you to clear up such as an inconsistency between a 1099 and the amount you reported. You may have to provide some docs. A field audit is more serious where they want to come to your house or office. The first thing you should do if it is a field audit is hire a CPA and have him review your returns and backup docs. It's a good idea to have a CPA present during the audits. If the CPA thinks there is a possibility of criminal sanctions, you should have a lawyer present.
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DISCLAIMER—This answer is for informational purposes only under the AVVO system, its terms and conditions. It is not intended as specific legal advice regarding your question. The answer could be different if all the facts were known. This answer does not establish an attorney client relationship. I am admitted only in California.
(Bryant) Keith Martin


When we represent clients in an IRS tax audit we invoke the Power of Attorney rules that states that we are the representative of the taxpayer and that they will have to speak only to us and that we do not want them coming to your home or business. Without a search warrant they cannot get inside your home unless you let them in. They can come to your business for ordinary business purposes but do not have a right to view business records there. Only we, when we are powers of attorney, can make that arrangement for records turnover. YOu need a tax professional's help.

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