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PDtax
PDtax, CPA firm owner
Category: Tax
Satisfied Customers: 1865
Experience:  32 years tax experience, including four years at a Big 4 firm.
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To tax attorney: If the two, husband and wife, filed a joint

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To tax attorney:
If the two, husband and wife, filed a joint a return for all 200x-201x years under audit, why does the IRS summon (administrative summons for testimony) them to appear separately at two different times (9 am and 2 pm) on the appointed day? Is it not a violation of law? Is it not considered improper summoning (even harassemnt), giving a legal ground for setting aside both the summons demanding personal interview? Please state a solid argument (cite authorities) to respond to the IRS agent. Thanks.
Submitted: 1 year ago.
Category: Tax
Expert:  Rachel-Mod replied 1 year ago.

Hi, I am a moderator for this topic. I sent your requested Professional Tax Attorney a message to follow up with you here, when they are back online. If I can help further, please let me know. Thank you for your continued patience.

Customer: replied 1 year ago.

still waiting.

Expert:  Lindie-mod replied 1 year ago.
Hi

Thank you for your continued patience. We will continue the search for a Professional for you.

Lindie
Customer: replied 1 year ago.

Thanks Lindie for continuing to search.

Expert:  PDtax replied 1 year ago.

Welcome to the site. I will be helping you today. I am not a tax attorney, but do criminal tax defense work. Your question does not give the reason behind the summons, but I assume the joint returns have been filed and are being audited. Let's also assume the inquiry is being generated by the Criminal Investigation Division (CID). The Internal Revenue Manual outlines the procedures IRS employees are to follow in issuing summons, and they do address several situations requiring husband and wife summonses, but the specifics of your case will drive options you have, such as a motion to quash. I'll be glad to give more specific response suggestions if you can go into more detail about the case. These are timely filed joint returns, the nature of the inquiries, were the returns filed, is a Revenue Office involved or just CID, how were the husband and wife named in the summons, etc. As you know, ten year audits are only allowed if they original statute of limitations on examination is still open, and/or if IRS is asserting fraud (an unlimited statute).

 

IRS fraud examinations are the most invasive, and are conducted by their best and brightest personnel. You should hire competent tax representation to proceed. I will assist with the question you have asked, but this is not place to 'do it yourself', even with a little insight.

Customer: replied 1 year ago.

>I am not a tax attorney, but do criminal tax defense work.

>These are timely filed joint returns, the nature of the inquiries, were the >returns filed, is a Revenue Office involved or just CID, how were the

>husband and wife named in the summons, etc

 

Do you think a tax attorney should answer? Thanks for assistance.

 

Expert:  PDtax replied 1 year ago.

I was unable to completely review the files.

 

While I was not able to review everything, I did see:

 

This was originally a nonfiler case. IRS is understandably tougher on nonfilers.

 

They are taking a tough negotiating position with you because they believe they can.

 

You sent copies of summons for both taxpayer and spouse, but there were no specifics listed in the matters to be discussed. At a minimum, you should limit the scope of the investigation, so IRS can not explore any tax matters and years they like. Because of the nature of these proceedings, I strongly suggest you withdraw and allow them to engage a tax attorney.

 

I would also make a FOIA request for the entire case file.

 

I would then notify IRS that taxpayers will be engaging new representation, and ask for time to receive the file, review your file and the FOIA documents with the new tax pro, and allow him/her to represent the taxpayers. Telling IRS you are withdrawing may be needed to buy you the time you want to hire substitute representation.

 

Thanks from Just Answer/Pearl.

PDtax, CPA firm owner
Category: Tax
Satisfied Customers: 1865
Experience: 32 years tax experience, including four years at a Big 4 firm.
PDtax and 8 other Tax Specialists are ready to help you

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