Tax Attorney

Author: Bridget B

Tax Attorney
When should you hire a tax attorney?
If you are facing an audit of your tax return, a dispute with the IRS over taxes owed, a looming tax bill that you cannot pay, or have other important questions regarding corporate, payroll, estate, property, capital gains or personal income taxes or deductions, you should seek the advice of a lawyer who is knowledgeable in federal, state and local tax laws and who can provide you with the tax help you need.

A tax attorney can help you:

Assess your legal situation. You aren’t the first, and you won’t be the last, person to have trouble with a tax authority. While it may seem overwhelming at first, a legal expert can help you sort through the details of your problem and come up with a game plan to get you back on track with the IRS. By consulting with a tax lawyer first, you may even reduce or eliminate your tax problems before they are out of control.

A tax attorney can:
* Help you understand your tax liability and file an amended tax return.
* Deal with an IRS lien or levy.
* Handle corporate tax or bankruptcy issues.
* Assist with personal income tax, property tax or bankruptcy issues.
* Protect you from IRS error, abuse and intimidation.
* Manage complex business transactions (such as liquidations, mergers), international transactions.
* Help you plan for or identify potential tax risks and develop strategies to protect your interests.
* Deal with the tax authority, it’s regulations and paperwork, so you don’t have to.
Provide legal coaching. If your tax problem is relatively simple and you want to work on your own, you may still want to hire an attorney to act as a legal coach.

As your advisor, your attorney can help
(1) develop a strategy for your case;
(2) advise you on the soundness of your legal position:

1. spot any inconsistencies in the IRS calculations;
2. give you feedback on the law applicable to your case;
3. point out any problem areas;
4. draft legal papers;
5. suggest non-litigation strategies for solving your problem, such as arbitration or mediation; or (8) represent you if at some point you feel you can no longer handle it by yourself.

Negotiate.
If you want to minimize the bite of the taxing authority and neutralize the intimidation factor, hire an experienced tax attorney. Your tax attorney will not be intimidated or bullied and is in a better position to negotiate for you, knowing in advance the best arguments to make in your favor.

Represent you in court or administrative tribunal. If you cannot work out your legal issue informally and it looks like you are headed for court or an administrative tribunal, you would be much better off hiring an attorney to level the playing field and represent your interests.

What is tax law?

Tax law is found in many places - tax law is generated by the federal government, state government as well as counties, cities, and other municipalities. The variety of taxes that everyone faces is staggering - tax law affects almost every aspect of your life.

As for federal taxes, the law is primarily found in:

Title 26 of the United States Code - the Internal Revenue Code of 1986 as amended (the "Code" as promulgated by the Congress of the United States),

Title 26 of the Code of Federal Regulations (the "Regulations" as promulgated by the Internal Revenue Service),

* proposed regulations issued by the Internal Revenue Service ("IRS"),* temporary regulations issued by the IRS,
* revenue rulings issued by the IRS,
* private letter rulings issued by the IRS,
* revenue procedures, policy statements, and technical information releases issued by the IRS, and
* federal tax court decisions.

Tax law for states, counties, cities and other municipalities is likewise contained in codes sections, regulations, administrative codes, procedures and statements issued by the respective government authorities, as well as state court decisions. In many instances, state law is patterned after federal law but this is not necessarily always the case.

Tax law is pervasive throughout our daily lives. A lot of trees have been turned into pages of tax law. As you ease into your research of tax law, try to see the forest without getting lost in all the trees.

In a nutshell, tax law is a bewildering array of law that is scattered throughout many different sources and subject to many interpretations.

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