Tax Attorney Long Island

A good tax attorney understands that the best way to resolve your tax problems is usually not litigation. Good tax attorneys know that there are often better ways to resolve your tax problems than litigation in tax court.

An offer in compromise is an administrative solution where a taxpayer offers in good faith to pay a tax assessment in part because he or she cannot afford to pay it in full. An offer in compromise gives a taxpayer a fresh start and a clean tax slate. Such a solution is appropriate for the taxpayer who is prepared to make a full disclosure of his income, expenses, assets, and liabilities in exchange for a fresh start.

Good tax attorneys know that an offer in compromise if accepted can be paid as a lump sum within ninety days of acceptance or may be paid in installment payments over a limited time period.  In order to get an offer in compromise considered, the taxpayer must stay current on his tax liabilities both business and personal going forward from the periods covered by the offer in compromise.

Another possible administrative remedy is entering into an installment payment agreement. The tax attorney knows that this differs from an offer in compromise in that under an installment agreement, the entire balance due the government must be paid including interest. Installment agreements are generally paid monthly.

A tax attorney who believes there is sufficient grounds after a review of the relevant tax court cases, may assist the client in filing a request for a conciliation conference with the auditor and his supervisor or file a tax appeal to the next level within the service. The tax attorney on an appeal files a memorandum of law citing cases which support the client’s position as shown on his tax returns and refute the position of the auditor in his audit determination.

Government resources are limited and by demonstrating support for the taxpayer’s position, the tax attorney increases the likelihood that the appeals officer will concede some of the taxpayer’s contentions saving the service the trouble of litigating the case, possibly losing and setting a harmful legal precedent for the service in future cases. In some cases the services also offer a fast track mediation service where the taxpayer’s case is reviewed by senior personnel after appeals have been exhausted.

David Kass is both an experienced tax attorney and a CPA.  Please contact Kass & Kass to schedule a consultation. A brief introductory consultation is available for a nominal charge.