Protect your rights with the IRS

Protect your rights with the IRS

Have your tax problems solved

We can help aggressively protect your rights with the IRS. If you owe the IRS back unpaid taxes, chances are that you are feeling scared and powerless. But the good news is that even if you are partially in the wrong, you still have rights thanks to The IRS Restructuring and Reform Bill of 1998 and the more recently adopted Taxpayer Bill of Rights.Under these policies, the IRS has to fully communicate with taxpayers and afford them “due process” rights before pulling one of the many levers it has to make a taxpayer’s life miserable. Understanding your rights can make all the difference when dealing with the IRS and back taxes and we can protect your rights with the IRS. Your right to be informed. The IRS has a duty to explain exactly what you need to do to comply with the tax laws. You also have a right to have all decisions made about your tax account explained to you in terms that you understand. However, you can’t just ignore the IRS’s attempts to inform you. Informing a successful tax defense to your issue, knowing where the IRS stands with your case is very important. Your right to be treated fairly by the IRS. When you meet with the IRS, you must be treated fairly and courteously. If you are not happy with the way you are being treated, you have a right to speak with a supervisor. Your right to be represented. You should not only meet with a tax expert before your meeting with the IRS, but you should also bring representation with you to the meeting. You have a right to be represented and deal with the IRS through an attorney on your behalf. Your right to only pay what you owe. The IRS cannot force you to pay taxes that you do not owe, which it has been known to do from time to time based on bad information. Don’t always take the IRS’s word for what you owe, investigate it yourself with the help of a tax professional. This is especially the case when you have been a victim of identity theft Your right to options. If you can’t afford to pay the taxes you owe there are options available to you such as a hardship suspension, installment payments, an offer in compromise or bankruptcy depending on a financial analysis of your situation. Finally, you cannot be thrown in jail for your inability to pay taxes. Many people think this and read it on the internet. The tax issue is very serious, but not of the magnitude to be sent to jail. When the IRS sends a notice, starts an audit, threatens a levy, or questions a tax return, the situation can feel urgent and intimidating. Many taxpayers are unsure what the IRS can do, what deadlines apply, whether they should call the IRS themselves, or whether they may accidentally make the problem worse. The most important first step is to understand that you have rights, and that you are allowed to have professional representation in your dealings with the IRS. An experienced IRS attorney helps protect those rights while developing a plan to resolve the underlying tax problem. That may involve responding to an audit, filing missing returns, negotiating a payment arrangement, submitting an offer in compromise, appealing an IRS decision, or addressing a wage garnishment, bank levy, or tax lien. The goal is to respond in a way that protects your legal position, your finances, and your future compliance.

What Does an IRS Attorney Do?

An IRS attorney is a tax lawyer who represents individuals and businesses in disputes, collection matters, audits, appeals, and other tax controversies involving the Internal Revenue Service. Unlike a general tax preparer, an IRS attorney is trained to evaluate legal issues, procedural rights, evidence, negotiation strategy, and the potential consequences of different resolution options. That matters when the IRS is asking for documents, proposing changes to a return, threatening collection action, or questioning whether a taxpayer complied with federal tax law. In many cases, an IRS attorney can communicate with the IRS for you after the proper power of attorney paperwork is filed. IRS Form 2848, Power of Attorney and Declaration of Representative, authorizes an eligible representative to represent a taxpayer before the IRS and to receive and inspect confidential tax information. That can reduce the stress of dealing directly with IRS personnel and help ensure that responses are organized, accurate, and legally appropriate. For taxpayers with complex problems, legal representation can be especially important. A case involving unfiled returns, business payroll taxes, self-employment income, substantiation problems, or potential fraud concerns may require more than a simple phone call or payment plan. A tax attorney can identify risk areas, gather the right records, and help prevent one tax issue from creating additional problems.

You Have Rights When Dealing With the IRS

The IRS Taxpayer Bill of Rights confirms that taxpayers have fundamental protections in their interactions with the IRS. These include the right to retain representation, the right to challenge the IRS’s position and be heard, the right to appeal an IRS decision in an independent forum, the right to privacy, the right to confidentiality, and the right to finality. These rights are not just abstract principles. They can affect how an audit is handled, whether an appeal is available, how collection action proceeds, and how much information the IRS may request. The right to retain representation is particularly important. You do not have to navigate an IRS audit, tax debt case, or collection matter alone. You may choose an authorized representative to deal with the IRS on your behalf. If you receive an IRS notice and are unsure how to respond, speaking with an IRS attorney before contacting the IRS can help you avoid statements or submissions that may later become difficult to correct. The right to challenge the IRS and be heard is also critical. If the IRS proposes additional tax, penalties, or collection action, you may have the ability to provide documents, raise objections, request review, or pursue an appeal. Deadlines can be strict, and missing a deadline may limit your options. An IRS attorney can review the notice, determine what rights apply, and prepare a timely response.

When Should You Contact an IRS Attorney?

You should consider contacting an IRS attorney as soon as you receive a serious IRS notice or learn that the IRS is questioning your tax filings. Waiting too long can make the case harder to resolve. By the time the IRS is threatening a levy, filing a federal tax lien, or issuing a notice of deficiency, some procedural rights may already be time-sensitive. Common reasons to contact an IRS attorney include receiving an audit notice, owing back taxes you cannot pay in full, having multiple years of unfiled tax returns, receiving a CP504 notice or other levy warning, facing a wage garnishment or bank levy, receiving a proposed assessment or penalty notice, needing help with an offer in compromise, or dealing with a business tax problem. A CP504 notice, for example, is an IRS Notice of Intent to Levy. The IRS explains that if the balance is not paid, it may levy income, bank accounts, Social Security benefits, state tax refunds, personal assets, business assets, and other rights to property. A notice like that should not be ignored. Even if you cannot pay the full amount immediately, you may have options to dispute the balance, request an appeal, establish a payment arrangement, or pursue another collection alternative.

IRS Audits Require Careful Responses

An IRS audit does not automatically mean that you did anything wrong, but it does mean the IRS wants to verify one or more items on a tax return. The IRS states that audit notification is always made by mail, and that audits may be conducted by mail, at an IRS office, or in the field at a taxpayer’s home, business, or representative’s office. The documents requested may involve income, expenses, deductions, credits, business records, bank statements, or other proof. How you respond to an audit can affect the outcome. Providing too little information may cause the IRS to disallow deductions or propose additional tax. Providing disorganized or unnecessary information may create new questions. An IRS attorney can help determine what the IRS is really asking for, whether the request is appropriate, what records should be provided, and how to present the facts. If you disagree with the IRS’s proposed changes, an attorney can help evaluate whether to request a manager conference, mediation, an administrative appeal, or, when appropriate, court review.

Tax Debt Resolution Is Not One-Size-Fits-All

Many taxpayers who owe the IRS assume their only options are to pay in full or wait for collection action. In reality, the right strategy depends on the amount owed, income, expenses, assets, compliance history, and the type of tax debt involved. Some taxpayers may qualify for an installment agreement, while others may need penalty relief, lien assistance, a collection appeal, or an offer in compromise. An offer in compromise can allow a taxpayer to settle a tax debt for less than the full amount owed, but the IRS cautions that the program is not for everyone. The IRS generally considers ability to pay, income, expenses, and asset equity when deciding whether an offer represents the most it can reasonably expect to collect. Taxpayers must also meet eligibility requirements, including filing required tax returns, making required estimated tax payments, and not being in an open bankruptcy proceeding. This is where experienced guidance matters. Submitting an offer that is poorly prepared, unsupported, or unrealistic can waste time and money. In some cases, a different collection alternative may be better.

Unfiled Tax Returns Can Increase IRS Risk

Unfiled tax returns often become more serious over time. The IRS may prepare a substitute return based on income information it has, but that return may not include all deductions, business expenses, dependents, basis information, or credits the taxpayer could have claimed. This can lead to an inflated balance and additional collection pressure. Filing missing returns is often a necessary step before resolving a tax debt. The IRS generally requires taxpayers to be current with filing obligations before approving many resolution options, including an offer in compromise. An IRS attorney who is also familiar with tax compliance issues can help coordinate the filing and resolution strategy. The objective is not just to file something quickly. The objective is to file accurate returns, address the resulting balances, and reduce the risk of future enforcement.

Why Work With Timothy S. Hart Law Group, P.C.?

Timothy S. Hart Law Group, P.C. helps taxpayers resolve IRS and New York State tax problems with a practical, rights-focused approach. Timothy S. Hart is both a New York tax attorney and a Certified Public Accountant, which allows the firm to evaluate tax controversy matters from both the legal and financial sides. That combination is valuable when a case involves audits, settlements, unfiled returns, business tax issues, voluntary disclosures, or collection enforcement. Tax problems are rarely just about numbers on a notice. They often involve deadlines, legal rights, documentation, financial hardship, penalty exposure, and the taxpayer’s ability to remain compliant going forward. Understanding personal tax obligations is essential for maintaining financial stability. Engaging with a tax professional can help clarify any uncertainties and ensure compliance with the latest regulations. Additionally, staying informed about potential changes in tax laws can prevent costly mistakes and penalties. If you are facing an IRS audit, tax debt, wage garnishment, bank levy, lien issue, offer in compromise question, or unfiled return problem, do not wait until the IRS takes the next step. The earlier you get advice, the more options you may have.

Protect Your Rights Before You Respond

IRS problems can be stressful, but they are often manageable with the right strategy. Before you call the IRS, send documents, agree to a proposed assessment, or make a payment arrangement you cannot afford, take time to understand your rights and options. The IRS has significant collection power, but taxpayers also have important protections. An IRS attorney can help you use those protections effectively. Whether your goal is to stop collection action, respond to an audit, file missing returns, negotiate a settlement, or simply understand what an IRS notice means, professional guidance can make the process clearer and more controlled. If you need help protecting your rights with the IRS, contact Timothy S Hart Law Group, P.C. to discuss your situation and the possible next steps.

Attorney Timothy Hart

Timothy S Hart, the founding partner of the tax law firm of Timothy S. Hart Law Group, P.C. is both a New York Tax Lawyer & Certified Public Accountant. His area of expertise includes innovative solutions to solve your Internal Revenue Service and New York State tax problems, including tax settlements through the Federal and New York State offer in compromise programs, filing unfiled tax returns, voluntary disclosures, tax audits, and criminal investigations. [ Attorney Bio ]