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Lev, Tax Advisor
Category: Tax
Satisfied Customers: 29966
Experience:  Taxes, Immigration, Labor Relations
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Where can I go to find someone to represent me in tax appeals

Customer Question

Where can I go to find someone to represent me in tax appeals (court)? I had a cpa who took 50,000 from us and now he says he is retiring in 30 days. My appeals date is late august. I went to a person who is surpose to represent people in trouble with the irs like myself and this person is telling me that it will take 10 months and 10,000 down and 500 per month. I need direction now.
Submitted: 2 years ago.
Category: Tax
Expert:  Lev replied 2 years ago.
Representation in the Tax Court will be costly - there is nothing we may do...Most likely you will need a Tax attorney licensed in your state.Here are some referral services a local CPA might be less expensive - but not every CPA will take a case to the Tax Court as that might be too complicated.Sorry for your situation. There is no simple and quick resolution.
Customer: replied 2 years ago.
So what should we do being that our cpa advised us to fight this. No he is retiring. I sent u all of the information on line and everything was list. We have an attorney as I mentioned before, but he said tax attorneys cannot represent us in court. We have tried cpa. This is tax appeals, I don't know if tax court is one n the same.
Customer: replied 2 years ago.
Is going bk to the irs an option? We r left in the cold. Everyone has just taken our money.
Customer: replied 2 years ago.
Is this the end of my concultation? I keep getting error messages and starting over again with no real answer.
Customer: replied 2 years ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Lev replied 2 years ago.
Either CPA or a tax attorney may represent you in the Tax Court - and either may represent your appeal case.
I am not sure why the attorney cannot represent you in the court... If that is an issue and you are looking for representation - you might ask if your attorney may recommend someone else.
There are different appeal cases - some are resolved by the IRS Office of Appeals - some are resolved via mediation services through Fast Track Settlement and other programs managed by the IRS - and some are going going to the Tax Court.
You are not required - but may have representation on every step.
As your CPA recommended to appeal - he might had some reasons for that. The best would be to ask that CPA for some recommendations - he might recommend another CPA to takeover your case.
Filing for bankruptcy protection is definitely an option - but I would have it as the last resort.
But if you do - you need to be sure that you will be able to cover the tax debt.
If the income tax debt meets all five of these rules, then the tax debt is discharged in bankruptcy petitions.
The due date for filing a tax return is at least three years ago.
The tax return was filed at least two years ago.
The tax assessment is at least 240 days old.
The tax return was not fraudulent.
The taxpayer is not guilty of tax evasion.
Sorry for your situation.
Unfortunately - it looks complicated and most likely you do need representation.
Customer: replied 2 years ago.
Unfortunatly, as I mentioned before. The Cpa we have is not willing to continue to help. Other cpa's said it is too late n the game, they r not willing. My question IS is going back to the IRS an option. The reason for most of this was property refinances. We r wrongfully taxed. The auditor made things worse for us. She didn't care for us or our attorney so she denied every claim. Please, please give us define ways we can go. I need complete direction. Thank u
Expert:  Lev replied 2 years ago.
Appreciate your response.
If you would not be able to find a qualified representation - the risk that your case will be rejected is higher.
There is no define way to guarantee in your favor.
If you are going to appeal - there are ALWAYS chances to loose but without representation such chances are higher.
However - I would try to be prepared for the hearing and you still may represent your own case.
The best way would be to negotiate with the IRS - I would go back to the IRS Office of Appeals and try to negotiate.
If that doesn't work - you have no choice - but to take your case to the Tax Court - either with or without representation.
If the appeal would not work in your favor - you will have a tax debt - while you might think it is wrongfully assessed - after the Tax Court ruling - generally it would be not possible to make any changes.
If you would not be able to pay - the IRS will try to collect - and your options woudl be to negotiate an installment plan or to make an offer in compromise (OIC).
If neither work - filing for the bankruptcy protection would be the last resort.
Or you may wait for 10 years and the statute of limitation on collection would run out and the tax debt will become noncollectable.