FREQUENTLY ASKED QUESTIONS
Am I going to prison?
Few are found guilty and sentenced in criminal tax matters, of those, seldom have they had to serve time in prison.
Will I lose my home or business?
It is extremely rare for taxpayers to have their houses or businesses seized for unpaid income or employment taxes. None of our clients has ever lost his/her house for these reasons.
If my corporation owes tax, can the IRS collect from me personally?
Generally, the IRS cannot collect corporate income tax from the shareholders or officers. However, the IRS, generally, can collect the trust fund portion of employment taxes if the person is a responsible officer.
Examination, Appeals and Tax Court: How long will this take?
It varies on the matter, the issue and the agency. We seek to settle the issue as soon as practically possible. By knowing the internal workings of the tax agencies, this can generally be accomplished. Because we have confined our practice to this specific area, we are extremely efficient and successful.
Do we have to accept the tax agency's examination and adjustments?
No, the tax authorities have administrative appeal rights and then judicial process if appropriate.
If there is an adjustment will I have to pay interest?
Generally, statutory interest begins to accrue on the due date of return.
Does the IRS have a right to see all my personal records?
Generally, yes, but we attempt to confine audit requests to specific issues and narrow the scope of requests.
Should I go by myself to an IRS audit?
Sometimes yes, for IRS office examinations, but never for field (when the IRS comes to you) exams.
If I hire a lawyer, will the IRS think I have something to hide?
Not with us. We handle audits, appeals and litigation with the IRS and other tax authorities all the time and they are aware of it.
Do I have to have the examination in my home or place of business?
Usually neither. The examination can generally be held in our office as long as we have all of your books and records.
Do I have to meet with a tax agent?
As long as we hold agency power of attorney, you can have the agent deal solely with us.
If I appeal the tax agency's adjustment, will they negotiate?
The tax administrative appeal function takes into account the "hazards of litigation." This allows percentage settlements that are not generally available at earlier stages in the process.
Why me? Why am I being audited?
There are several reasons ranging from statistical sampling to specific questionable items on the tax return to informants.
If I settle with the government, do I have to pay at that time?
It would be better to do so in order to save penalties and interest. If a client is unable to pay the tax assessment, we explore all collection methods including installment agreements, offers in compromise, and in some cases, bankruptcy.
If I don't agree to the tax adjustment, then can I take it to court?
Yes, we represent our clients in all federal and state courts. Federal tax disputes can be litigated in Tax Court, federal district court or Court of Federal Claims and state taxes in Superior Courts.
Why should I work with Barish Tax Law?
We set our clients' minds at ease and achieve the best results.
If I hire Barish Tax Law, can your firm handle all aspects including examination, administration appeals, litigation, and needed tax collection?
We are known as tenacious advocates for our clients at all stages and in all tax areas.