WHY A TAX
ATTORNEY?
In today’s world there are many people seeking
to help solve your tax problems. They range from “independents”
with no professional designation, former IRS employees
(revenue agents and officers), accountants, certified
public accountants, tax preparers, attorneys and others.
You have significant advantages choosing a tax attorney
for solving your IRS problems. For one the tax attorney
is a specialist who deals with the tax law on a daily
basis. It is not a part time occupation nor is it
something done occasionally. They are trained to “know”
the tax law and to find and understand the loopholes
and solve your problem. Additionally and of extreme
importance to you, as a client you enjoy the attorney-client
privilege. Statements made to your attorney are private
and cannot be obtained by the IRS. Other professionals
and even enrolled agents of the IRS do not enjoy this
privilege to the extent of an attorney-client relationship.
The clearest example of this is in a criminal tax
investigation the only professional you continue to
have a privilege with is your attorney. Your tax attorney
is also trained to be your advocate. He can take your
case to a higher level than other professionals. For
example, he can continue your right of appeal to the
federal courts. By starting with the tax attorney
you pay one person to represent you from “beginning
to end” and never start over or pay two fees,
two people to learn the same facts, research the same
tax law and represent you in your tax matters.
Be aware that the IRS only recognizes Attorneys, CPA’s
and Enrolled Agents as authorized to negotiate on
your behalf. Many people hire “part timers”
to prepare their annual return, use the company bookkeeper
or even a friend. Others may choose a CPA to prepare
their return. CPA’s are trained experts in the
financial area, but their tax return preparation time
is limited typically to 2-3 months each year. The
rest of their time is on other matters. Attorneys
from other practice areas are also highly trained
individuals. However, a non-tax attorney will be representing
you in a tax matter which may well be the first (and
last) time he will handle your particular issue. His
research time alone can exceed the total time of the
tax attorney. After the research the non-tax attorney
must then determine how to handle and negotiate your
problem!
You need a specialist who deals on a daily basis with
tax issues and facts similar to those faced by you.
An experienced tax attorney knows the tax laws and
the regulations. He has probably addressed your issue
or one similar and negotiated the matter with the
IRS. His professional time is dedicated to this type
of work. It is not, as it will be for a CPA or non-tax
attorney, a training ground. This is the tax attorney’s
daily business. He is trained to locate and emphasize
the ambiguities in the tax law and seek out the gray
areas to support your position. This benefits you
because the tax laws are frequently not “open
and shut”. He will analyze your situation and
seek the best solution; not just “fill out the
forms” and routinely follow the IRS proposed
solution.
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