Tax Relief Blog

S-Corp Reasonable Compensation: The IRS Audit Issue That’s Costing Business Owners Six Figures

November 6, 2026 | Mike Habib, EA

If you are an S-corporation shareholder-employee — a doctor, lawyer, consultant, real estate professional, dentist, contractor, or any other professional whose business pass-through profits flow through to your personal tax return — there is a single tax issue that has produced more six-figure IRS audit adjustments in the last decade than almost any other: reasonable compensation. The S-corp reasonable comp issue is one of the IRS’s most active enforcement targets, the math is brutal when you lose, and the planning to avoid losing is conceptually simple but rarely executed properly.

Here is the basic story. S-corporations don’t pay corporate-level federal income tax — the income passes through to shareholders and is taxed at the individual level. But there’s a critical asymmetry: wages paid to a shareholder-employee are subject to FICA and Medicare payroll taxes (currently 15.3% in total before considering the additional Medicare tax under IRC § 3101(b)(2)), while distributions of corporate profits to shareholders are not. Many S-corp owners noticed this asymmetry years ago and aggressively minimized their salary while taking the rest as distributions — saving thousands of dollars per year in payroll tax. The IRS noticed the same thing and has been auditing aggressively ever since.

This article walks through what reasonable compensation actually means under the law, the cases that have shaped the doctrine, what triggers IRS reasonable comp audits, what factors the IRS examines, what the math looks like when an audit goes against you, and the planning that protects S-corp owners from these adjustments. By the end, you should know whether you’re exposed and what to do about it.

Innocent Spouse Relief Under IRC § 6015: When You’re Not Responsible for Your Spouse’s Tax Debt

October 23, 2026 | Mike Habib, EA

If you filed a joint tax return with a spouse or former spouse, and the IRS is now coming after you for taxes you didn’t earn, didn’t know about, or didn’t agree to, there is a real chance you’re entitled to relief that you don’t know exists. The vast majority of taxpayers who qualify for innocent spouse relief never file for it — because they don’t know it’s available, because the form is intimidating, or because they assume that signing a joint return means signing on for everything that came with it. The truth is more nuanced. Congress, the IRS, and the courts have built a series of relief provisions specifically for taxpayers in your position.

Joint and several liability under IRC § 6013(d)(3) means that when you sign a joint return, both spouses are individually liable for the entire back taxes balance — not half, the entire balance. The IRS can collect from either spouse, in any proportion, regardless of who earned the income or who failed to report it. That is the rule. The exceptions — innocent spouse relief, separation of liability, and equitable relief, all under IRC § 6015 — exist precisely because Congress recognized that this rule produces unjust results in real-life situations: undisclosed income, fraudulent items, abusive marriages, divorces, and concealment by one spouse from the other.

This article walks through the three flavors of innocent spouse relief, who qualifies for each, the deadlines that apply, the documentation that wins these cases, and how to position your request for the best chance of approval. By the end, you should know whether innocent spouse relief is realistic for your situation and what your next move should be.

IRS Penalty Abatement: First-Time Abate, Reasonable Cause, and the $50,000+ Most Taxpayers Leave on the Table

October 9, 2026 | Mike Habib, EA

Most taxpayers who owe the IRS don’t realize how much of what they owe is penalties — not tax. On a typical multi-year balance, penalties and interest can equal or exceed the underlying tax. A taxpayer who owes $100,000 to the IRS may have only $55,000 of actual tax in that number; the rest is penalties and interest accumulated through failure to file, failure to pay, accuracy adjustments, and estimated tax shortfalls. The good news is that a substantial portion of those penalties is abatable — if you know which programs to ask for, how to document the request, and what arguments the IRS actually accepts.

In my practice, penalty abatement is one of the most consistently underused tools in the tax resolution toolkit. Taxpayers who push for full payment, an installment agreement, or an Offer in Compromise without first pursuing penalty abatement routinely leave $5,000, $20,000, or $50,000+ on the table simply because the request was never made. The IRS is not going to volunteer that you may qualify for First-Time Abate or reasonable cause relief. You have to ask, and you have to ask correctly.

This article walks through the major IRS penalties that can be abated, the two main paths to abatement (First-Time Abate and reasonable cause), how to document each, and the mistakes that cause requests to be denied. By the end, you should know whether penalty abatement is on the table for your situation and how to position the request.

IRS Audit Appeals: How Mike Habib, EA, Represents Taxpayers and Challenges IRS Audit Findings

October 2, 2026 | Mike Habib, EA

An unfavorable IRS audit report is not necessarily the final word. Taxpayers may be entitled to challenge proposed adjustments through the IRS Independent Office of Appeals. A strong appeal depends on sound legal analysis, organized evidence, timely filing, effective negotiation, and careful settlement review.

Mike Habib, EA, provides federal administrative appeals representation centered on three services: (1) preparation of a formal, legally supported protest; (2) Appeals conferences and negotiations; and (3) tax calculations, settlement analysis, and final resolution. The objective is to pursue the most favorable outcome reasonably available under the law and facts while protecting taxpayer rights.

IRS Wage Garnishment How It Works, How Much They Can Take, and How to Stop It Fast

September 25, 2026 | Mike Habib, EA

If you just got a paycheck that’s a fraction of what you were expecting — or if your employer just handed you a Form 668-W and told you the IRS is taking most of your wages — you are reading this for the right reason. Wage garnishment is the IRS’s most painful enforcement tool, not because it’s the largest, but because it hits the most immediate part of your life: the paycheck you live on. The mortgage, the rent, the groceries, the car payment — all of it depends on what hits your bank account on payday, and an IRS wage levy can shrink that number to almost nothing without warning.

Here is the practical reality. Wage garnishments are stoppable, often within days, and the dollar amount the IRS is allowed to take is calculated under a specific federal exemption table that most taxpayers (and many employers) don’t apply correctly the first time. Engaging the right resolution path — a financial hardship release, an installment agreement, a Currently Not Collectible status, an Offer in Compromise, or a Collection Due Process appeal where rights still apply — can release a wage levy almost immediately. The work is technical, the deadlines are short, and the order of operations matters.

This article walks you through exactly how IRS wage garnishment works, how the exemption math is calculated, what your options are to stop it, and what to do in the first 72 hours after a wage levy hits. By the end, you should know what you’re facing and what your next move should be.

California Residency Controversy Guide: Residency, Domicile, Sourcing, FTB Audits, Protests, Appeals, and CA Residency Planning Help

September 18, 2026 | Mike Habib, EA

California taxes its residents on worldwide income and taxes nonresidents only on California-source income. That single distinction makes residency the most valuable and most contested fact on many California returns, and it makes the Franchise Tax Board’s residency audit program one of the most consequential enforcement programs in the country. This guide explains, in plain language, how California decides who is a resident, how the FTB examines residency and sourcing, and how taxpayers can protest, appeal, settle, or prevent a residency assessment.

The guide is written for individuals, business owners, executives, investors, and families: people who still live in California, people who have moved to another state, and Americans living abroad. Every rule, deadline, code section, and dollar figure in it was checked against primary sources, including the California Revenue and Taxation Code, FTB Publications 1031 and 1100, the FTB’s Residency and Sourcing Technical Manual, FTB notices, Office of Tax Appeals opinions, and the U.S. Code. A list of those sources appears in the appendix.

Mike Habib, EA is a national tax representation firm based in Whittier, California, that represents individuals and businesses nationwide before the IRS and state tax agencies, including the California Franchise Tax Board. Every client is represented by Mike personally.

Why Hiring an Enrolled Agent for Tax Representation Often Beats a CPA or Tax Attorney

September 11, 2026 | Mike Habib, EA

If you have a tax problem — an IRS audit, a collection case, a payroll tax issue, an offshore disclosure, an FTB residency audit — the first practical question after “what do I do?” is usually “who should I hire?” The honest answer is more nuanced than the marketing materials suggest. There are three credentials that are authorized to represent taxpayers before the IRS without limitation: Enrolled Agents (EAs), Certified Public Accountants (CPAs), and tax attorneys. All three are real. All three have a place. And for most ordinary tax representation work, an Enrolled Agent is often the right fit — not because EAs are better than CPAs or attorneys, but because EAs are specifically trained, licensed, and tested on what tax representation actually requires.

This article walks through what each credential actually is, what each one does best, where the credentials overlap, where they don’t, and how to decide which fits your situation. By the end, you should have a much clearer sense of what you’re really hiring for and what to look for in a representative — regardless of credential.

Living Abroad as a U.S. Citizen? FBAR, FATCA, and the Streamlined Procedures Explained

August 28, 2026 | Mike Habib, EA

If you are a U.S. citizen or green card holder living abroad, you may be among the most over-regulated taxpayers in the world. The United States is one of only two countries on the planet (the other being Eritrea) that taxes its citizens on worldwide income regardless of where they live. That single policy choice creates a maze of filing obligations — federal income tax returns, FBAR, FATCA reporting, foreign income exclusions, foreign tax credits, PFIC rules, foreign trust rules — that catches Americans abroad year after year, often through no fault of their own.

If you have lived abroad for years and only recently learned that you should have been filing U.S. returns and reporting foreign accounts, take a breath. The IRS has specific procedures designed exactly for this situation, and the financial outcome for taxpayers who come forward voluntarily is dramatically better than for those who don’t. The penalty regime for unreported foreign accounts is severe — but the path back to compliance for non-willful taxpayers is well-traveled and predictable.

This article walks through what U.S. citizens and green card holders abroad are actually required to file, how FBAR and FATCA work, what the Streamlined Filing Compliance Procedures look like, and what realistic paths exist to bring multi-year non-compliance current. By the end, you should have a clear sense of where you stand and what your next move should be.

California FTB, EDD, and CDTFA: Why State Tax Agencies Are Often Tougher Than the IRS

August 14, 2026 | Mike Habib, EA

If you live or do business in California, the question I get asked most often by clients facing both federal and state tax issues is some version of this: “Why is the state coming after me harder than the IRS?” The honest answer is that California’s tax agencies operate under different rules, different timelines, and different incentives than the IRS — and on a day-to-day basis, they are frequently more aggressive, faster to enforce, and harder to negotiate with than the federal government.

California has three primary tax agencies that touch most businesses and high earners: the Franchise Tax Board (FTB), which handles personal and corporate income tax; the Employment Development Department (EDD), which handles state payroll taxes and worker classification; and the California Department of Tax and Fee Administration (CDTFA), which handles sales and use tax and various special taxes. Each one has its own statutes, its own collection tools, its own audit programs, and its own appeal procedures. None of them coordinate with each other on your behalf, and none of them defer to the IRS.

This article walks through each agency — what they do, how they enforce, where they’re tougher than the IRS, and what to do when you’re facing them. By the end, you should have a much clearer picture of what California is actually capable of and how to navigate it.

Selling Your Business, Property, or Crypto? The Tax Surprises That Catch People Off Guard

July 31, 2026 | Mike Habib, EA

There is a particular kind of tax case I see every spring — a client walks into my office in March or April with a 1099-B, a closing statement, or a brokerage report from the year before, and a question that goes something like: “Is this going to be bad?” They sold a business in May, closed on a rental property in August, exited a crypto position in October, and assumed they’d figure out the tax side later. Later is now, and the tax bill is dramatically larger than they expected.

Here is the truth about selling appreciated assets in the United States: the tax code is full of opportunities to substantially reduce, defer, or restructure the tax cost — but almost all of them have to be set up before the sale closes. After the closing, the options collapse to filing the return correctly and paying what is owed. The difference between proactive planning and reactive filing on a sale of any meaningful size is routinely tens of thousands to hundreds of thousands of dollars.

This article walks through the most common tax surprises people encounter when they sell a business, real estate, or cryptocurrency. You will learn what gets taxed, at what rate, what planning tools exist, what closes the door, and what to do before — and after — a sale of any size. By the end, you should have a much clearer sense of which moves matter, which timing constraints matter, and where professional planning earns its keep.