Tax Planning and Tax Controversies

Tax Planning and Tax Controversies

Taxes are a fact of life.

Most of us do not relish paying them, but they are essential fuel for the nation and the nation’s economy. The federal agency tasked with keeping the tax dollars flowing is the Internal Revenue Service (“IRS”). Whatever you may think of the IRS, the Service helps make sure individuals and companies pay what they are required to pay under the law.

Disputes Over Taxes

The IRS focuses on identification of tax issues and coordinated enforcement to generate revenue. When the IRS sees a problem, the Service may send you an audit notice or try to collect money owed by slapping a lien on your house, your bank account, or your business. The IRS may levy your bank account, your home, or take other action. The Internal Revenue Service may also notify the State Department to revoke your passport.

State tax authorities are often similarly aggressive.

At Brinen & Associates, we counsel clients on all types of tax issues, keeping clients up to date on tax law requirements at the federal, state, and local level, so they stay out of trouble. When tax disputes occur, our goal is to resolve them quickly and efficiently, whether they involve income taxes, payroll taxes, franchise taxes, estate and gift taxes, property taxes, or sales and use taxes.

Audit Defense and Collection Defense

If the IRS or state taxing authority questions your returns or merely wishes to test your compliance with the tax laws, you may face an audit. You may challenge their action. Hiring an attorney to help you is essential because the complexity of tax laws and procedures make it difficult to handle tax problems on your own. At Brinen & Associates, we counsel clients on the audit procedures including walking the client through the audit and the appeal to the independent review authority, and, if necessary to tax court. If taxing authorities claim a client has not complied with tax laws, we help them in addressing any tax deficiencies.

If the IRS or state taxing authority thinks you owe back taxes, you may face a collection action. You may challenge their action. As with audits, handling the matter on your own is difficult. Consulting an attorney can help ensure your rights are protected. We counsel clients on the audit procedures including guiding the client through the collection action, and the appeal to the independent review authority through either a Collection Due Process Hearing or Collection Appeal Request, and, if necessary to tax court. If taxing authorities claim a client has not complied with tax laws, we help them in addressing any tax deficiencies.

Offer in Compromise

When you owe taxes but cannot afford to pay, you may be eligible for tax relief. The IRS and many states have an Offer in Compromise program that lets qualified taxpayers settle their debts for less than they owe. The Service imposes strict requirements to let you out of your obligations. Good legal advice helps ensure that you only apply if you are eligible and you present a strong case for acceptance of your offer.

Tax Litigation

The first step in contesting an IRS or state tax department decision that you owe money is to go through internal agency channels. For an audit, that involves pursuing administrative remedies through the audit and the independent appeals process. For a collection action, the process involves pursuing administrative remedies through the independent appeals process and an Offer in Compromise. If those fail, you can opt to either petition in Tax Court or file a lawsuit in Federal District Court, depending on your circumstances. In litigation, it is important to have good representation in court and outside it in settlement negotiations to help you achieve the best outcome possible.

Tax Planning and Structuring

Taxpayers can structure their transactions to reduce their taxes as permitted by law. Businesses should seek legal advice to understand how to set up and operate their company in the most tax-efficient manner. Individuals can benefit from strategic tax planning to save on personal taxes as well as estate taxes.

International Tax Planning

If you are looking to expand your business to another country outside the United States or you are an international company that wants to operate in the United States, you want experienced legal counsel. U.S. and international tax laws can vary significantly. A skilled attorney can advise you regarding how to structure your business to reduce taxes and comply with the laws and reporting requirements of both countries and any applicable treaties.

How We Help

No one wants to pay taxes. Our attorneys can help reduce that burden. We can determine whether there are tax-saving opportunities and provide advice regarding tax compliance to avoid tax problems. If a dispute over taxes does arise, we evaluate the options, prepare a strong defense, and advocate before the IRS, state agency, or court.

Our attorneys have extensive experience handling federal and state tax matters. We will work with you to determine the most effective and efficient manner to address your tax concerns.

Contact us for a consultation to discuss how we can help you.