IRS Controversy: Five IRS Myths to Dispose Of

Many taxpayers are intimidated by the IRS. And there is a great deal of fear circulating in regards to the agency. But in addition to the legitimate fears and concerns, there is a great deal of misinformation concerning the IRS as well. Today, we are going to examine five of these common IRS myths:

1) An audit always means penalties and interest. Nobody ever wants to be audited by the IRS. But the truth is that many IRS audits actually end up with the taxpayer receiving a check from the government, because the taxpayer overpaid. As long as you’ve filed your tax returns properly, there’s no reason to worry!

2) Only the wealthiest taxpayers and businesses are at risk for an audit. The IRS looks for certain “red flags” in a tax return which increase the likelihood of an audit, but every single taxpayer faces the possibility of an audit. So don’t try to “get away” with anything illegal just because you think that the IRS won’t audit your return.

3) If you’re going to be audited, you will find out quickly. Some believe that once the IRS processes their tax return, they are “out of the woods” as far as an audit is concerned. In fact, the IRS can audit your return up to three years after you filed it – and sometimes even later. So keep your records, just to be safe.

4) Not responding to IRS correspondence will cause the problem to go away. Many taxpayers seem to think that ignoring IRS correspondence will cause the problem to resolve itself. This couldn’t be farther from the truth—the longer you ignore the issue, the worse off you will be. Take action and resolve your IRS dispute… we can help!

5) The IRS is all-powerful. The IRS can levy your bank account. It can seize assets, even cars and homes. But it’s not all-powerful. It must comply with the law. If you’re facing an IRS dispute, you still have rights.

Would you like to learn more? Or do you need help resolving an IRS dispute? Contact us today and let us help!

With Tax Season Behind Us, These 3 Steps Will Keep You Out of IRS Trouble this Year

Taxpayers across the country are breathing a sigh of relief now that tax filing season is behind us.

Preparing and filing tax returns is a stressful process—and if you’re like many people that we’ve spoken to, you may be fearful that you made a mistake which will come back to haunt you.

This year’s return is already filed, but now is the perfect time to make sure that all of your “i’s” are dotted and your “t’s” are crossed for the years to come. Here are three specific suggestions to help you stay out of trouble with the IRS in the future:

1) Save a portion of your income if it’s not being withheld for you. If you are self-employed you will end up with a bill on tax day. This can be a shock if you’re not prepared for it—so be sure you’re saving a portion of your income all year long. Failing to do so is a very common way to run into trouble with the IRS—because not only will you owe them the balance of your tax payment, but you’ll also be responsible for penalties and interest which will continue to pile up if you can’t pay on time.

2) Come up with a systemized way of tracking deductions. Whether it’s child care, medical expenses, student loan payments, or whatever… it’s important that you be able to document your deductions should the IRS question them. Trying to go back and recreate these records can be a nightmare—so be sure that you’re documenting these expenses throughout the year. Many people simply stick relevant receipts, bills, and invoices in a “tax” folder and then pull them out when tax time arrives.

3) Make sure you can account for all of your income. Should you be chosen for an audit, in some cases the IRS will actually examine your bank statements in search of income that you may not have reported. Keep records and ensure that you can account for your income. Otherwise, you may face serious penalties for not disclosing everything you have earned.

Nobody enjoys writing a check to the government each year, but it’s a fact of life here in America. To stay out of trouble with the IRS, it is critical that you are keeping clear and organized records all year long. Hopefully you will find these tips helpful. But if it’s too late and you are already facing an IRS dispute, we want to help. Give us a call today!

Five Steps to Avoid an IRS Tax Dispute

At the Law Offices of Nick Nemeth, we focus on helping taxpayers put their IRS problems behind them. As you know if you have ever endured such a situation, it can be a very stressful and unpleasant experience. That is why we work hard to help our clients get through these difficult times and get back to enjoying life.

Obviously, the best course of action is to avoid IRS problems in the first place. And as this year’s tax filing season wraps up, it is an ideal time to look ahead and ensure that you’re taking steps to avoid IRS trouble. Below are five keys to keep in mind.

1) Carefully record your deductions. If you are claiming deductions beyond the standard deduction, it is critical that you keep careful records. The IRS often looks at deductions very skeptically, and a high level of deductions can raise red flags at the agency. This isn’t intended to scare you away from claiming deductions that you are legally entitled to—just a reminder to be sure that you can substantiate them if the IRS demands it.

2) Keep clear and accurate records. Beyond your deductions, it’s important to maintain careful records of income, expenses, and other circumstances. Maintain these records for several years of prior returns as well, as IRS audits can occur three (or sometimes more) years after filing. Clear, accurate records are your best friend should the IRS decide to audit your returns.

3) Withhold income, especially if you are self-employed or own a business. If you are self-employed, you can’t depend on your employer withholding taxes from your paycheck in order to ensure that you are able to pay your bill each year. It is your job to plan ahead and withhold a portion of your income—and failing to do this often results in a tax bill that you can’t pay. 20% is often a good amount to withhold, but you may need to adjust that number up or down depending on your specific situation.

4) File on time. This is simple advice, but many taxpayers get themselves in trouble because they don’t do it. Even if you have a complicated situation, even if you can’t afford to pay your taxes—make sure you file on time. Otherwise you will face significant penalties and further complication.

5) Don’t cheat. None of us like to pay taxes. We would all prefer to keep our hard-earned money in our own pockets. But paying taxes is the law, and while there are plenty of legal strategies you can pursue to minimize your tax liability, trying to outright cheat the system is a sure way to find yourself in trouble. Discuss your tax strategy with a qualified professional, do all that you can to minimize the amount that you owe—but don’t break the rules. If you do, chances are that you will regret it later.

These suggestions will help you avoid IRS trouble. But if you are currently facing an IRS dispute, don’t panic! Contact us today and let us handle your tax dispute so that you can stop worrying about it. We’re standing by to help!  

What to Do if the IRS Selects You for an Audit

We have previously identified steps that you can take as a taxpayer to reduce your chances of being selected for an IRS audit. That said, there is no way to completely eliminate this possibility. If you own a business, your chances of being audited are even higher, because the IRS typically scrutinizes self-employment deductions very closely.

We hope hope that you never find yourself facing an IRS audit, but if you do, you’ll need to know how to proceed. That’s why today we are going to take some time to discuss the steps you need to take should you be selected for an audit. Below are four keys to keep in mind:

1) Don’t panic. Take a deep breath. Sure, it’s not pleasant to receive an audit notification. But keep things in perspective. First of all, in many cases IRS audits end without the taxpayer owing any additional tax—and in some cases even result in a refund. If you have kept proper records and filed your return properly, you have nothing to worry about. Even if you’re concerned that you may have made some mistakes, there’s no reason to panic.

2) Follow instructions. It may sound silly, but you would be surprised how often taxpayers simply ignore their audit notification. Ignoring it will not make it go away. The best course of action is simply to follow instructions. If the IRS has simply requested further information, send it to them by the date they require. However, don’t make the mistake of sending the agency anything more than they’ve requested. Many taxpayers get themselves in trouble by providing more information than necessary, giving the IRS an opportunity to find additional problems. It’s normally a good idea to talk to an accountant or lawyer at this stage.

3) Compile and organize relevant information. If you’re being audited, odds are good that the IRS is going to demand additional information from you. Save yourself stress down the road by taking the time right now to find and organize any records that may be relevant to your case. “I can’t find it” is never an excuse the IRS will accept, so make sure that you’ve got all the information you need. Again, if the situation is complex, you’re well advised to speak to a professional during this process.

4) If you’re self-employed, find a way to substantiate your deductions. If you’re self-employed and facing an audit, you can count on the IRS to focus specifically on the deductions you claimed. In particular, the IRS will scrutinize items such as a home office deduction, travel expenses, and vehicle mileage. Hopefully, you’ve kept records to substantiate your claims. If not, you’ll need to look for other ways to prove your case. This is an area where a tax professional can be very helpful.

Hopefully, you’ll never be selected for an IRS audit and you won’t need this information. But if you do receive that dreaded notification, keep these four tips in mind. And please don’t hesitate to contact us for further assistance!

Three Keys to Avoiding IRS Tax Disputes

Our practice is entirely dedicated to helping taxpayers resolve IRS disputes. Of course, the better course of action as a taxpayer is to avoid getting involved in an IRS dispute in the first place. Though there is no way to completely eliminate the possibility of an IRS audit, there are many steps that you can take which dramatically reduce your chances of being audited:

Report all of your income. Yes, it can be very tempting to conceal income to avoid paying taxes on it. But if you’ve been issued a W-2 or a 1099, the IRS also has a copy. And even if you aren’t issued such a form, there are a variety of ways by which the IRS could ascertain your income. If they suspect that you aren’t reporting everything, you can expect them to audit you with a fine-tooth comb. Resist the temptation and report your income!

Double check your return and eliminate errors. Figures that don’t add up are a sure way to attract the attention of the IRS. If you are doing your taxes yourself, it’s critical that you check all of your work several times. That includes checking your arithmetic, as well as making sure that you’ve completed the right fields, used correct personal information, and so on. Don’t procrastinate filing your return either, because you’re more likely to make mistakes when you’re in a rush. Just like you learned in elementary school… take your time, check your work, and make sure you did it right!

Don’t claim excessive business expenses. Claiming personal expenses as business losses may appear to be an easy way to reduce your tax liability. But the IRS is fully aware of this reality. As a result, they pay close attention to business expense claims and will quickly flag your file for an audit if they have reason to believe that you may have abused the system.

The best way to resolve an IRS dispute is to stay clear of trouble to begin with. These steps will help… but if it’s too late and you’re already in the midst of IRS controversy, we can help. Get in touch with us today!

Don’t Let the IRS Make Your Life Miserable

We know that the IRS wasn’t created specifically to make taxpayers’ lives miserable. Or was it?

If you are dealing with an IRS dispute, or if you’ve gone through a dispute in the past, it can seem like the agency is out to get you. As someone who has spent the vast majority of his career doing battle with the agency, I can tell you firsthand that the IRS sometimes seems to be on a mission to make taxpayers miserable.

IRS Penalties Can be Crushing

Originally intended to be a “slap on the wrist” to encourage taxpayer compliance, IRS penalties have now become a destructive weapon. These penalties can be so overwhelming that it leaves a taxpayer or a business with no choice but to give up and declare bankruptcy—and in many of these cases, the taxpayer was guilty of nothing more than a simple mistake!

If you owe the IRS money, you had better watch out. First, they start with threatening phone calls and letters. You will often receive an intimidating visit from an IRS agent who threatens you with financial ruin. And if you can’t come up with the money that you owe the agency, you’ll wake up one morning to find that they are taking money directly from your paycheck. Or, you’ll discover that they’ve seized your car and other assets.

IRS Collection Efforts Result in Extreme Financial and Emotional Stress

The net result of these activities, for thousands of taxpayers, is extreme financial and emotional stress. The financial stress exists for obvious reasons, but what you may not realize until you experience it is just how emotionally stressful an IRS dispute is. The IRS seems to delight in creating fear and uncertainty in the minds of taxpayers… and they’re very good at it!

The good news is that, even though the IRS may seem like it is out to get you, we can help. If you are in a midst of a dispute with the IRS, we can help you resolve the issue—so that you can go back to enjoying your life!

Your IRS Controversy Won’t Resolve Itself – So Take Action!

Thousands and thousands of taxpayers across the country face tax disputes each and every year. And as you can imagine, these disputes aren’t pleasant, or cheap. In addition to the financial cost, IRS disputes and penalties can cause extreme stress. IRS disputes can bankrupt businesses, shake up families, and ultimately make life very difficult. And the tragedy is that in many cases, the taxpayer was guilty of nothing more than a minor innocent mistake.

But here’s some positive news: there is hope. Regardless of how bad your situation may seem, there is a light at the end of the tunnel. We’ve seen difficult situations resolved favorably many, many times. But it is vital that you understand that IRS problems will not go away on their own! It is up to you, as the taxpayer, to take action. And we can help!

Don’t Pay IRS Penalties That Can Often Be Avoided

Taxpayers are often surprised to learn that they may be able to avoid paying IRS penalties that have already been assessed. It is easy to file late or make mistakes, which result in penalties—but if you can provide an explanation, in many cases some or all of your penalties may be forgiven. Unfortunately, you are presumed guilty until proven innocent in the eyes of the IRS. And because the IRS can be so intimidating, many taxpayers are afraid to take action and plead their case. So they don’t, and they end up paying far more money than they should have. These are costly mistakes that can be avoided when a qualified attorney is on your side!

The IRS has the authority to levy more than 140 different types of penalties, including common penalties like “failure to pay” and “failure to file”. When the IRS applies these penalties to business owners and taxpayers, it happens automatically. It’s done by a computer system that doesn’t take the circumstances of the case into account. You may have a perfectly valid reason for filing late, but their automated system doesn’t know it.

IRS Intimidation Often Leads Taxpayers To Overpay – Don’t Let This Happen to You

This is just one common scenario that causes taxpayers to end up with overwhelming IRS penalties. Unfortunately, there are many more examples that we could share. At the Law Offices of Nick Nemeth, we want to help. Whether it’s contesting penalties that have already been assessed, fighting for the removal of liens or other collection efforts, or resolving the most complicated tax disputes, we’re here for you. We understand that IRS disputes are stressful and confusing. We recognize that the IRS takes advantage of their power to intimidate taxpayers, and we want to fight the agency on your behalf.

If you are facing an IRS tax dispute, understand that the IRS won’t leave you alone unless you take action. If you’re ready to put your IRS problems behind you, get in touch with us today and let us go to work for you!

IRS Disputes: Don’t Let IRS Penalties Ruin Your Life

While the IRS has never been a “kind and gentle” agency, in recent years they have begun to crack down particularly hard on Americans with overseas assets. The agency has discovered that many taxpayers, particularly wealthy taxpayers, often invest abroad—sometimes in an attempt to shield their assets from taxation.

Of course, the IRS wasn’t happy, and so they took action. But as is so often the case, the agency implemented policies that make life very difficult for taxpayers, even when the taxpayers are trying to do the right thing. From extreme penalties to mountains of paperwork required to disclose overseas assets, it has been very difficult indeed for many taxpayers to follow IRS regulations. And many taxpayers have found themselves facing extremely harsh penalties thanks to these policies. Forbes.com reports:

It’s no secret the IRS is taking a hard line on undisclosed foreign bank accounts. An IRS voluntary disclosure can bring accounts into compliance with finite penalties and no criminal prosecution for those who come forward before being discovered. For those who don’t participate, the odds of being treated harshly seem to be increasing.

What’s harsh? Consider Mary Estelle Curran of Palm Beach, Florida, who pleaded guilty to filing false 2006 and 2007 tax returns. Her husband died in 2000 leaving her Swiss and Liechtenstein accounts which she failed to report from 2001 through 2007. The IRS lost out on approximately $667,716 in taxes. By 2007, the accounts totaled over $42 million.

Her penalty? 50% of the highest balance: $21,666,929, and that’s not all. She has not yet been sentenced but faces a potential prison term up to six years. The IRS and DOJ have more and more resources at their disposal and urge taxpayers to address compliance failures before it’s too late.

Disclosure and finite penalties are vastly better, especially when discovery by the IRS is more and more likely. Merely closing a foreign bank account does not solve disclosure problems.

IRS penalties are no joking matter. Tax evasion can carry a prison term up to five years and a fine up to $250,000. Filing a false return can result in a prison term of up to 3 years and a fine up to $250,000. Failing to file required FBARs can carry penalties up to $500,000 a prison term of up to 10 years.

In other words, there is a whole lot to lose. If you find yourself in a difficult situation relating to overseas assets, we can help.

But IRS overreach isn’t limited to those who have invested abroad. Every year, thousands of hardworking taxpayers across the United States find themselves engaged in IRS disputes. And the penalties can be similarly harsh, even when the individual is only guilty of an innocent mistake. The IRS simply has more resources than most taxpayers do—and that’s why it’s important to seek help from a partner that can help you fight back. At The Law Offices of Nick Nemeth, we can help you put your IRS problems behind you. Give us a call today!

The IRS Will Stop At Nothing to Collect From Taxpayers

Sometimes, the IRS appears to be incompetent. Simply filing a form or requesting information from the agency is often an impossible challenge. But when it comes to extracting money from hardworking Americans, the IRS will stop at nothing to until they get what they want.

A recent example involves OJ Simpson. Simpson is currently doing time in prison—but that hasn’t stopped the IRS. South Florida’s GossipExtra reports:

The Internal Revenue Service filed its second tax lien against imprisoned football icon O.J. Simpson, according to Miami-Dade County records.

The recent one covers Simpson’s income taxes for 2011, a total $17,015.99.

Simpson, who lived in Kendall, Florida until he was arrested for robbery and kidnapping in Las Vegas in 2007, may have a valid excuse for not filing.

He is, after all, serving 33 years at the Lovelock Correctional Center in Nevada.

But while the former Buffalo Bills runner cools his heels in the desert, he’s still getting a nice NFL pension, believed to be about $19,000-a-month — and the IRS claims it hasn’t been getting its cut!

The IRS hit Simpson with a first lien on his Kendall house last year, this one for a total $179,437 in unpaid incomes taxes between 2007 and 2010.

Meanwhile, a trial is scheduled in a Miami-Dade court Jan. 30 in the foreclosure action that JP Morgan Chase undertook against Simpson for his not paying the mortgage on his $575,000-house.

When the IRS spots an opportunity to collect from a taxpayer, watch out! They spring into action and do whatever it takes to get what they want—and if that makes life difficult for innocent taxpayers, so be it.

Unfortunately, if you’re engaged in an IRS dispute, the agency will do their best to make life miserable for you. As OJ Simpson’s story shows, they will stop at nothing to collect every penny.

But we can help. If you’re tired of the stress caused by your IRS controversy, let us take on the IRS on your behalf! Get in touch with us today to learn more.

IRS Engaged in Dispute with City of Brighton, Alabama

The IRS is known for their take-no-prisoners approach to collecting from taxpayers. Recently, the city of Brighton, Alabama, discovered exactly what this means when they had a levy placed on their bank account due to a tax dispute. As AL.com reports:

The Internal Revenue Service has given the city of Brighton 30 days to come up with a plan to pay back about $800,000 in unpaid federal payroll taxes, interest and penalties.

These were the primary outcomes of a meeting held December 19 in Birmingham between the IRS and Brighton city officials, according to Mayor Barbara Watkins.

The meeting was held to discuss a way forward for the cash-poor West Jefferson community after the agency placed a levy, or hold, on its bank account Monday.

“We have 30 days to come up with a definite plan, so if we renege on this plan, we will be right back where we started,” said Watkins, who took office in November and inherited significant financial problems. “(The IRS) said, ‘We understand your situation, and we want to work with you, but you must work with us and do exactly what we tell you to do.’”

Beginning January 1, the city will also be expected to promptly pay new taxes owed, in addition to making good on the old debt.

Watkins described the IRS hold on Brighton’s account as “a one-time levy” and said she was told that the city will be allowed to use any additional revenues that continue to come in.

“The money that we collect and put in the bank, that is not part of the levy unless we renege on our payment plan we finalize in 30 days,” Watkins said.

Here’s one thing you can certainly say for the IRS: they are consistent—at least in their willingness to take on anyone or anything that owes them money. The IRS has made life miserable for millions of taxpayers over the years, subjecting them to phone calls, threatening letters, and even in-person visits from aggressive IRS agents. And now, they’re employing the same tactics against an entire town.

If you’re facing a similar situation, we can help.

But you must take action. Too many taxpayers continue to battle the IRS on their own, and as a result may end up in a helpless spiral of taxes, penalties, and interest. The IRS is concerned with collecting revenue, not with the well-being of the taxpayers they deal with each day. And they’ve got an army of lawyers and agents lined up against you. Don’t choose to do battle against them without help. The tax code today is impossibly complicated, and it’s important that you have experienced representation on your side.

IRS problems get old—let us get the IRS off your back so that you can enjoy the rest of the holiday season… and a pleasant, stress free 2013! Give us a call today.