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.
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 ]