Tax Relief Blog
Many companies advertise “heavily” on the radio, TV and the internet promising that they can resolve and settle any and all tax problems for pennies on the dollar or get you an 80-90% reduction.
BEWARE! I highly caution you to NOT call these advertisers.
Here is why you should not be ripped off by these unscrupulous companies, https://www.myirstaxrelief.com/files/tax_negotiation.pdf
What you need is an actual tax firm or law firm that specializes in tax representation. If any attorney states that ONLY lawyers could represent you before the IRS, beware and avoid this lawyer. You can be represented by Enrolled Agents (Tax experts, federally licensed and regulated by IRS directly), CPAs licensed by their respective states, or lawyers as licensed by their respective states.
Learn more about the IRS fresh start initiative.
Call us today at 877-788-2937 for a brief consultation.
Very few cases are handled in a criminal way, and only then you would hire a criminal lawyer because it’s a criminal case and you were contacted by the CID criminal investigation division of the IRS.
Don’t fall for scams. Be smart, you worked hard for your money to only give it to a salesman or an attorney that is making false promises.
Our firm is a tax representation firm; we specialize in representing individual and business taxpayers before all administrative levels of the IRS, no restrictions! We handle cases with due care and you consult with Mike Habib himself. He is an EA and a Fellow of the National Tax Practice Institute; you do not speak with a salesman who tells you anything you want to hear.
Very Important – so no attorney would fool you.
TAX RETURN EXCEPTION
This use of the term “confidentiality” should not be confused with the rules regarding confidentiality of tax returns and tax return information held by the Internal Revenue Service or the practitioner, at 26 U.S.C. § 6103, 26 U.S.C. § 7213, 26 U.S.C. § 7213A, and 26 U.S.C. § 7216. The confidentiality protections in those rules do not render the communication “confidential” for purposes of the FATP privilege.
A tax attorney or an EA – Enrolled Agent can help you the client in so many ways:
IRS fresh start initiative:
– Unfiled tax returns: some taxpayers are faced with 6-10 years of unfiled tax returns. The IRS would usually file a return known as SFR, then we file in lieu of that to help the taxpayer by obtaining all the tax documents from the IRS directly, such as W2’s, 1099’s, 1098’s, etc.
– Back taxes help: individual and business taxpayers end up owing back taxes and simply cannot pay it, and cannot handle the pressing demands by the IRS. We represent our clients as the POA and get the best possible resolution.
– IRS audit representation: we represent the audited taxpayer before all administrative levels of the IRS, including appeals. Do not go to the audit by yourself; you have rights and options that you are not aware of. When we represent our audited clients, they do not meet the auditor nor do they speak to the IRS, we assist them in organizing their supporting documents, reconstruct them, and minimize the damage accordingly.
– IRS appeals: want to appeal a negative decision by the IRS? We can appeal that for you. Got a final notice of intent to levy, or IRS lien? We can file for CDP, collection due process, form 12153, and negotiate the best possible resolution with the appeal and settlement officer.
– Employment 941/940 taxes: businesses facing IRS summons, bank levies and enforcement action by the IRS have options to resolve their 941/940 unpaid balances. We help business owners stay in business while we negotiate a settlement you can live with. You have options, you have rights and we make sure you get them.
If you are looking for an alternative to a high cost tax attorney, Mike Habib is an IRS licensed Enrolled Agent, Endorsed Local provide by Former Dave Ramsey ELP 2012-2019, and assists taxpayers nationwide. Learn more about the IRS fresh start initiative. Call him today at 877-788-2937.
26 U.S. Code § 7525 – Confidentiality privileges relating to taxpayer communications
(a) Uniform application to taxpayer communications with federally authorized practitioners
(1) General rule
With respect to tax advice, the same common law protections of confidentiality which apply to a communication between a taxpayer and an attorney shall also apply to a communication between a taxpayer and any federally authorized tax practitioner to the extent the communication would be considered a privileged communication if it were between a taxpayer and an attorney.
(2) Limitations
Paragraph (1) may only be asserted in—
(A) any noncriminal tax matter before the Internal Revenue Service; and
(B) any noncriminal tax proceeding in Federal court brought by or against the United States.
(3) Definitions
For purposes of this subsection—
(A) Federally authorized tax practitioner
The term “federally authorized tax practitioner” means any individual who is authorized under Federal law to practice before the Internal Revenue Service if such practice is subject to Federal regulation under section 330 of title 31, United States Code.
(B) Tax advice
The term “tax advice” means advice given by an individual with respect to a matter which is within the scope of the individual’s authority to practice described in subparagraph (A).
(b) Section not to apply to communications regarding tax shelters
The privilege under subsection (a) shall not apply to any written communication which is—
(1) between a federally authorized tax practitioner and—
(A) any person,
(B) any director, officer, employee, agent, or representative of the person, or
(C) any other person holding a capital or profits interest in the person, and
(2) in connection with the promotion of the direct or indirect participation of the person in any tax shelter (as defined in section 6662 (d)(2)(C)(ii)).
According to the American Bar, client identity privilege has been asserted in several recent high-profile cases involving tax shelters, but these claims have not been sustained. The most notable of these cases is United States v. BDO Seidman, in which the Seventh Circuit affirmed a district court’s determination that tax shelter investors failed to establish that a confidential communication would be disclosed if their identities were revealed. Disclosure of their identities would disclose to the Service only that they had participated in one of the tax shelters described in the summonses, but no confidential communication could be inferred from that information alone. The court distinguished Tillotson and similar cases as situations in which “the Government already knew much about the substance of the communications between the attorney and his unidentified client,” from the BDO Seidman case, where “the IRS knows relatively little about the interactions between BDO and the investors, the nature of their relationship, or the substance of their conversations.” In a sweeping conclusion, the court held that the tax shelter disclosure rules of section 6112 virtually preclude assertions of identity privilege by tax shelter investors.
Client identity privilege claims also were rejected in Doe #1 v. Wachovia Corporation. The Service served an administrative summons on Wachovia, which had marketed the tax shelter investments, seeking investor lists, documents, and other information relating to potentially abusive tax shelters pursuant to the regulations under section 6112. Investors intervened, arguing that disclosure of their names would disclose privileged information provided by them to the accounting/consulting firm KPMG (section 7525 privilege) and to the law firm Jenkens & Gilchrist (J&G) (attorney- client privilege), both of which had participated in designing the transactions or had provided opinions regarding the transactions.
The court found no attorney-client relationship between the investors and J&G. There was no evidence that any investor “ever had so much as a conversation with an attorney at J&G,” there was nothing uniquely tied to the individual investors’ financial situations, and the package contained no confidential information.
In addition, the section 7525 privilege did not apply with respect to KPMG. First, the privilege only applies in cases by or against the government and before the Service, and Wachovia involved a suit by investors seeking an injunction against Wachovia, not a proceeding by or against the United States. Second, section 7525 provides that the privilege does not apply “to any written communication between a federally authorized tax practitioner and a director, shareholder, officer, or employee, agent, or representative of a corporation in connection with the promotion of the director in indirect participation of such corporation in any tax shelter,” which the court found precisely described the circumstances of the case—KPMG’s communications were with Wachovia, a corporation. Finally, KPMG’s advice was in the context of tax return preparation, which is not privileged.
The increasing number of instances in which attorney-client privilege and the section 7525 privilege have been asserted when the Service has sought to obtain communications from tax advisors to their clients and other related documents emphasizes the importance of understanding the scope of these doctrines not only at the controversy stage, but also at the planning stage, when these documents are being created. Both practitioners and their clients need to be aware of the extent to which potential communications are privileged.
Learn more about the IRS fresh start initiative.
Very Important – so no attorney would fool you.
TAX RETURN EXCEPTION
This use of the term “confidentiality” should not be confused with the rules regarding confidentiality of tax returns and tax return information held by the Internal Revenue Service or the practitioner, at 26 U.S.C. § 6103, 26 U.S.C. § 7213, 26 U.S.C. § 7213A, and 26 U.S.C. § 7216. The confidentiality protections in those rules do not render the communication “confidential” for purposes of the FATP privilege.
Learn more about the IRS fresh start initiative.
Tax Relief Services by Mike Habib, EA
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