Tax Law Blog

When standing up to the IRS, taxpayers encouraged to seek legal help

Written by on behalf of Robert J. Fedor, Esq., L.L.C. | Feb 3, 2015 3:14:24 PM

When it comes to the Internal Revenue Service, most Americans take a "less is more" approach -- as in the less you have to deal with the IRS the happier and hopefully more fiscally successful you'll be. There are, however, times when contact with the federal agency cannot be avoided. 

 

After filing an annual tax return, most Ohio taxpayers breathe a sigh of relief and take comfort in knowing they don't need to think about taxes for another year. For some, however, the arrival of an IRS-stamped envelope marks the beginning of a whole new relationship with the IRS that is a lot more frustrating, involved and personal. 

An individual may receive an IRS notice for a number of reasons. From allegations that one failed to file or pay taxes, to return calculating errors related to gross income or charitable donations; an IRS notice is often accompanied with an adjusted tax bill or a request for payment of penalties and fines. 

In cases where a taxpayer refuses to pay a tax bill and believes the agency erred, legal action may be taken. In her recent annual report to Congress, National Taxpayer Advocate, Nina E. Olson, included information related to those tax issues that most frequently result in either the IRS or a taxpayer taking legal action. Of those disputed issues listed, penalties issued by the agency for alleged inaccuracies tops the list.

Other top claims include:

  • disputes over trade or business expenses,
  • gross income,
  • IRS collections,
  • failure to file or pay penalties,
  • frivolous issues penalties,
  • charitable deductions.
In many of these legal matters, the targeted taxpayers did not have legal representation; however, Olson reports that those that do hire an attorney are "more than twice as likely to prevail."

While no one wants to deal with the IRS or try to understand tax law any more than is absolutely necessary, it's important that taxpayers stand up for their rights. Individuals who have received an IRS notice and dispute the amount of taxes or penalties owed would be wise to contact an attorney. 

Source: Forbes, "Taxpayer Advocate Reports On Top 10 Most Litigated Tax Issues," Kelly Phillips Erb, Jan. 15, 2015.