As the old saying goes, nothing in this world is certain except death and taxes. As an American, you likely have an obligation to pay income taxes to federal and state governments on an annual basis. As dual licensed Tax Attorneys & CPAs, we understand that circumstances sometimes cause you to miss a tax year or two. We also know that a particularly complex tax situation might reasonably cause you to file your return with some miscalculations.
Unfortunately, the IRS and state tax collectors are not as understanding. The federal government rarely adequately differentiates between missing a filing deadline by days and failing to file altogether. Unfortunately, typos and misplaced decimal points can be viewed as deliberate criminal attempts to circumvent tax liabilities (evasion).
The renowned Tax Attorneys & CPAs at the Tax Law Offices of David W. Klasing can help you prevent tax filing missteps from occurring so that you eliminate the risk of ever facing a tax audit or criminal tax investigation that can quickly get out of control. If you are already under the microscope of the IRS, we can help you take the proper steps to mitigate the financial damages to your bottom line and we excel at keeping overly aggressive taxpayers out of prison. To schedule your first appointment with a dual licensed Tax Attorney and CPA at a reduced rate today, call (800) 681-1295 on schedule online here.
One of the Best State & National Tax Attorneys
If you find yourself facing problems with the federal or state tax authority because you failed to file a return, because you did not calculate your tax bill properly, because you filed late, or for any other reason, a tax lawyer can help.
We have the expertise required to understand any kind of income tax situation while also defending you against allegations from a tax authority. Our trusted Tax Attorneys & CPAs can help you with the process of seeking relief from crushing assessments of additional tax, penalties, and interest.
To schedule a 10-minute call with an experienced tax attorney near me to discuss your tax situation, contact the Tax Law Offices of David W. Klasing.
Table of Contents
- Understanding California Income Tax
- Obligations for Employment Tax
- Penalties for Failure to File
- Finding Tax Relief in California
- Choosing a Tax Attorney Over a CPA
- Relying on an Income Tax Attorney
- Why You Should File Taxes on Time
- Q&A About Tax Attorneys
Combine the Expertise of Tax Attorneys and CPAs
Taxpayers in the United States have an array of tax obligations that they must satisfy. They must satisfy their duty to file and pay taxes at the local, state, and federal levels. For taxpayers living in wealthy, prosperous cities and areas in California like Los Angeles and throughout Orange County, the importance of maintaining one’s tax compliance is particularly pronounced. This is largely because, like all agencies and businesses, the IRS must show a return on the money invested into tax audits and other tax enforcement actions. As such, the IRS is likely to target wealthy taxpayers, small businesses, and other taxpayers with characteristics that the agency believes are more likely to result in sufficient ROI.
The tax attorneys of the Tax Law Offices of David W. Klasing are proud to serve taxpayers regarding an array of state and federal tax concerns. We routinely handle an array of tax issues including income tax audits, litigation due to criminal tax charges, and also work to provide tax relief for our clients.
To schedule a reduced-rate consultation with an experienced tax attorney call 800-681-1295 today or contact us online.
California Income Tax
The California state income tax is enforced and administered by the State of California Franchise Tax Board (FTB). FTB sets the minimum and maximum tax rates for individuals and businesses required to file income taxes in Los Angeles, Orange County, or anywhere else within the state. For the recent 2014 tax obligations, the maximum individual income tax rate has been set by FTB at 12.3 percent. The alternative minimum tax rate (AMT) is set at 7 percent for the year. Furthermore, for individuals with taxable income greater than $1 million, a Mental Health Services Tax at the rate of 1 percent applies.
In California, whether an individual has an income tax filing obligation is dependent upon filing status, age, and the number of dependents one can claim. An individual who is a sole filer or who files as head of household and under age 65 could earn $16,047 in California gross income ($12,838 in California adjusted gross income) before having to file state taxes. With one dependent, the same individual could earn $27,147 in gross income ($23,938 in adjusted gross income) before he or she must file. Typically married couples, senior citizens aged 65 or older, and individuals with increasing numbers of dependents can earn more gross income before they are required to file.
Employment and Payroll Tax Obligations
In California, the Employment Development Division (EDD) is responsible for the administration of payroll tax obligations. In this state any person employing workers that have paid a minimum of $100 in wages to one or more employees in any quarter of the year. In the case of an employer who only has household employees, registration with California EDD is required after paying $750 in quarterly wages. Payroll taxes paid by residents and employers in California are:
- Unemployment insurance (UI) – UI is paid by the employer on the first $7,000 in wages for each employee in a calendar year. New employees are subject to a higher withholding rate. This tax is utilized to provided unemployment benefits in the state.
- State disability insurance (SDI) – SDI is paid by the worker through a payroll withholding by the employer or payroll processor. Currently applicable SDI rates are available on EDD’s website.
- Employment training tax (ETT) – Employers are responsible for paying this tax that covers employee training in the state. ETT is paid at the rate of .1 percent on the first $7,000 of wages paid to an employee.
- California personal income tax (PIT) – This is a tax paid by employees that are withheld by the employer as part of payroll taxes. The amount withheld is based on the employee’s W-4 or DE 4 filed with the employer. Employees receive credit for taxes withheld towards their income tax obligation.
Aside from the obligation to pay state payroll taxes, there is also a federal payroll tax obligation. Federal payroll taxes include federal income tax, Social Security and Medicare taxes (FICA), and unemployment taxes (FUTA). The failure to account for, hold, and pay over employment tax obligations can create major tax problems for the business, employees, and responsible parties. Managers, bookkeepers, owners and other responsible parties can be held personally liable for compliance failures in this area.
Failure to File or Pay Taxes
One’s federal income tax obligation is actually made up of two requirements. First, there is the obligation of most taxpayers to file taxes. Most taxpayers are required to make an income tax report or file for an automatic extension by April 15 or the relevant tax deadline for that year. In fact, for the 2016 tax year, an individual filing with single status was required to file taxes after earning only $10,150 in gross income. Second, there is the obligation to pay any taxes that are due and owing. Thus, as there are two obligations to satisfy, there are penalties that are responsive to the failure to satisfy either or both obligations. That is, there are separate penalties that can be imposed for a failure to satisfy one’s tax reporting and those who fail to pay all or some tax that is due and owing by the due date.
While the penalties for one’s inadvertent or mistaken failure to file taxes can result in significant penalties, taxpayers that intentionally or voluntarily endeavor to avoid or defeat tax can face even more serious penalties that include federal prison time. For instance, under Section 7203 of the tax code — Willful failure to file a return, supply information, or pay tax – a taxpayer who is found to have willfully violated their tax filing, payment, or record-keeping duties can face serious additional penalties. If charged as a felony, Section 7203 can result in up to a five-year federal prison sentence. If charged as a misdemeanor, a conviction could result in up to one year in federal prison. The experienced counsel of a diligent dual licensed Tax Attorney & CPA can be critical in avoiding such a disastrous outcome.
Real California Tax Relief is Available
Taxpayers who fail to satisfy their tax obligations can face significant penalties. For inadvertent mistakes, the penalties are harsh but typically financial in nature. However, when conduct is believed to be willful, penalties can include lengthy state or federal prison sentences.
In some cases, following an audit you could be facing a large tax bill compounded by interest and penalties. This tax debt may seem to be insurmountable. However, our experienced Los Angeles dual licensed Tax Attorneys & CPAs uncover that there are several strategies and options available to reduce or eliminate your tax burden.
You have the right to appeal an audit that unfairly assesses additional tax, penalties, and interest. To begin your appeal, you must often file a tax court petition that makes clear your intent to appeal. In your written petition, you must identify the audit determinations you disagree with, and the legal or factual basis for your appeal and any other relevant information. Our qualified & experienced dual licensed Tax Attorneys & CPAs can help you determine if a legal basis exists to appeal and then gather & organize the evidence necessary for you to prevail. We can also file the tax court petition on your behalf so that you avoid missing any of the dispositive deadlines or complying with the procedural requirements that may otherwise preclude you from successfully appealing your tax issues.
Aside from a tax appeal, one can also make an offer in compromise to the IRS. An offer in compromise is a lump sum payment, a payment plan, or both where you offer to settle the tax debt for less than the full amount. If the IRS rejects your offer in compromise, you may appeal the rejection within 30 days of the dated letter informing you of the IRS’ decision.
Can a CPA be a Tax Attorney?
CPAs and Tax Attorneys both have to go through extensive training and licensing/certification processes before they are permitted to act in their roles. It is entirely possible for one person to do both. Dual Licensed Tax Attorneys and CPAs are often more sought after by clients who want a circumspect approach for their tax issues so that they can develop a relationship with their representation that can benefit them in the long-term as well.
Using a Tax Attorney that is also a CPA also makes a Kovel relationship much easier and likely less expensive. Kovel refers to a case which provided that attorney-client privilege exists for communications between a client and their accountant when the client’s tax attorney subcontracts with an accountant, rather than the client contracting directly with the accountant.
This structure is commonly used to provide the client with as much constitutional 5th amendment protection as possible. However, when a tax attorney has to go outside of their firm to contract with an accountant, it presents the opportunity for costly miscommunications between the parties. Further, it will ordinarily cost more to enlist the help of two different tax service providers/entities. You will end up paying them to debate each other.
When you can get the help of a Tax Attorney and CPA from the same place, you can often achieve more favorable rates and avoid costly breakdowns in communication, while enjoying the simplicity of having one centralized location to address all of your concerns.
Tax Attorney vs. CPA
There is a clear difference in the focus and skillset of an attorney vis-à-vis the focus and skillset of an attorney. On one hand, an accountant is focused on ensuring that, based on the information and documents received from the taxpayer, that computations and calculations are accurate. Thus, working with an accountant is frequently most appropriate when preparing your taxes or when one needs to reconstruct certain aspects of one’s tax records.
By contrast, attorneys are focused on advocating for their clients. Thus, when the issue at hand involves disparate interpretations of tax law, an attorney’s ability to set forth a clear position and supporting evidence is often more relevant. Therefore, the services of a tax attorney are frequently more appropriate when a tax controversy, tax audit, or criminal tax allegations arise. However, there are also important legal reasons why only a tax attorney should be consulted when the IRS contacts you about tax problems.
Only Attorney-Client Privilege Can Adequately Protect the Disclosures You Make When Seeking Tax Law Advice
If you are accused of a tax crime or fear that the IRS or California tax agencies will come to view your noncompliance as a willful violation of the law, it is important that you only speak to a local CPA tax lawyer. It is certainly true that there is some inherent appeal in going back to the original preparer and ordering them to, “fix it.” Unfortunately, during the course of this conversation, you may reveal certain facts or thoughts that hurt your chances at success in a subsequent audit or criminal tax proceeding. The reason why going back to the original preparer is a bad idea is two-fold.
First, accountants and CPAs rely on their reputation to attract clients. They rely on their accountant certification to lawfully practice their trade. Thus, when an accountant faces the prospect that he or she made a potentially serious error and their license and reputation is on the line, their inclination may be to blame the client. They may claim that you failed to inform them of certain facts, provided false documents, or otherwise caused the issue. It is not uncommon for the original tax preparer or accountant to become Government Witness #1 against their former client.
The second reason why making disclosures to an accountant can create major problems is that the accountant-client privilege is extremely weak. Even where it is recognized, it is not functional when legal proceedings are criminal in nature. Therefore, even if your accountant doesn’t want to reveal damaging admissions you made, he or she will be forced to if subpoenaed by the government.
In contrast, the attorney-client privilege is extremely robust. This privilege is recognized in all 50 states and in federal court. The attorney-client privilege will protect any disclosures you make to your attorney in when seeking legal advice and guidance. Furthermore, your attorney can bring in a consulting accountant who will also receive derivative attorney-client privilege through a Kovel letter. Finally, the work-product doctrine can also ensure that the mental impressions and documents prepared by your attorney are not used against you in court.
What are a Tax Lawyer’s Responsibilities?
Tax attorneys have a variety of responsibilities to clients, but they are primarily useful when dealing directly with government taxing entities like the IRS or the respective state agencies.
A tax lawyer is an attorney that specialize in the field of taxation. Competent tax lawyers should not only be able to provide legal guidance on tax-related issues that their clients may be facing, but also to represent them in disputes with government entities. A tax lawyer should have familiarity with any area of a person’s finances that could be subject to taxes, including income, real property transactions, trusts, wills, payroll, business dealings, capital assets, gifts, and foreign accounts. Tax lawyers should have familiarity with estate planning and bankruptcy law, as these events will often carry significant tax consequences.
To do this job effectively, tax lawyers must stay current on all developments in critical court cases and pending legislation that could affect their clients’ tax status. The tax code is subject to dramatic change every year, particularly as the government develops law to create reporting and tax assessment regulations for new and complex assets like cryptocurrencies and non-fungible tokens (NFTs).
Perhaps the most important responsibility that a tax lawyer has is their duty of confidentiality with their client. Conversations between taxpayers and their tax attorneys about their filings and compliance are protected by attorney-client privilege. This means that the IRS will have a hard time introducing any documents created by your tax attorney or making your tax attorney testify in a court proceeding. The same cannot be said of a regular tax preparer, even the professional ones.
A tax attorney is also helpful in representing you during hearings and administrative procedures. These could include audits, PPP loan review hearings, negotiations with government agents, and court hearings, among other critical situations where having seasoned tax help is necessary. In the vast majority of these circumstances, you are not permitted to have an accountant represent you. In fact, you may not even be allowed to have your accountant present if they are not also your legal representation.
If you only rely on an accountant for your defenses, you could be facing these intimidating procedures alone. If your accountant and tax lawyer are two different people, your lawyer may not have all of the relevant information at their disposal. By enjoying the services and representation of someone who addresses both your accounting and legal needs, you put yourself in the best possible position to handle whatever may come your way.
Why is Attorney-Client Privilege Important for Tax Issues?
A Dual Licensed Tax Attorney and CPA provides the tax planning and organization expertise of a certified tax professional while also retaining attorney-client privilege. If you tell your tax attorney anything about your taxes, filings, or assets in confidence, the IRS cannot make your lawyer talk about those conversations or any documents created in the course of those discussions. This applies in both the civil and criminal contexts as long as the discussion does not become a position on a tax return. Tax returns are considered public disclosures and thus no attorney client privilege attaches to filing returns even if prepare by an Attorney.
These benefits do not exist for the relationship between you and your accountant if they are not also your tax lawyer. The IRS can compel an accountant or tax preparer to provide testimony and evidence about your dealings, leaving you vulnerable to prosecution.
There is a narrow exception of statutory tax preparation privilege for CPAs. However, in the few situations where this protection applies, it never works to protect the taxpayer in the context of a criminal prosecution.
Ultimately, though you may entrust your filings to a tax preparer, your signature goes at the bottom of your return. You are responsible for the information that gets submitted to the government. Therefore, it is critical that you can have frank, explicit conversations with the person who you entrust with this enormous responsibility so that no breakdowns in communication or simple mistakes result in audits, investigation, or tax crime prosecution.
Income Tax Attorney
Paying income taxes on the success you or your business have experienced is an individual’s contribution back to the United States and part of what makes this country great. From the tax revenues provided by successful businesses, hard-working individuals, and other commercial ventures the local, state, and federal governments obtain funds to maintain the transportation and communications infrastructure, provide for education and training, and provide important social services. In many cases, the expertise of an income tax attorney can help navigate through tax filing questions.
However in recent years many hard-working individuals have noticed the distinctly anti-tax rhetoric that has come through Washington D.C. To many taxpayers, it seems as if our elected officials have nothing positive to say about the IRS and the way it conducts its operations. Some taxpayers may even decide or believe that the IRS’ actions are improper. However, taxpayers are still required to file, pay, and satisfy all other applicable tax obligations regardless of their own personal beliefs or the beliefs of elected representatives. Taxpayers who fail to file taxes, pay taxes, or satisfy other tax obligations in a timely manner can face significant fines, penalties, and other tax consequences including potentially exposure for tax crimes.
Get Help from a Dual Licensed Tax Lawyer and CPA from the Tax Law Offices of David W. Klasing Today
At the Tax Law Offices of David W. Klasing, our Dual Licensed Tax Lawyers and CPAs are uniquely positioned to provide you with every type of service related to your tax issues that you may require now or in the future. To find out more during a reduced rate case assessment, call our offices or click here to schedule today at (800) 681-1295.
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Filing Taxes
While some individuals can avoid the filing of income tax, the truth is that most individuals living and working in the United States will be required to file by the April 15 filing deadline. This is due to the fact that the gross income a taxpayer may have before filing is relatively slight. Furthermore, even people without a strict filing obligation often file income taxes because the only way to receive a tax refund is to file.
The amount of gross income an individual can have before an obligation to file income taxes is based on one’s age and filing status. For instance, for the 2014 tax year a single filer under age 65 was obligated to file income taxes after he or she earned $10,150 in gross income. In contrast a single filer age 65 or older is not required to file until he or she has $11,700 in income. Married taxpayers filing jointly, head of household, and qualifying widowers with one or more dependent children also can earn more gross income before they are required to file income taxes.
Taxpayers who fail to file or pay taxes can face serious penalties for their noncompliance with the U.S. Tax Code. While the reasons behind failure to file or pay income taxes can vary, the key in determining the level of liability you face is whether the actions or inaction was willful. Willful acts are those acts or failures to act that involve a voluntary or intentional disregard of a known legal duty. For instance, a taxpayer who intentionally works to cover-up and conceal past filing errors is considered to act willfully. Likewise, a taxpayer who intentionally endeavors to avoid learning about this year’s tax filing deadline has engaged in willful blindness (which can constitute willful behavior in certain circumstances especially were foreign accounts and unreported income are at issue).
A taxpayer’s willful failure to file his or her annual income tax report can be punished under 26 USC 7203. Willful failure to file taxes can be punished by up to a one year federal prison sentence and significant fines and penalties. The taxpayer must also be required to pay back the amounts he or she gained through a tax fraud or tax evasion scheme as restitution. If the taxpayer attempts to hide or otherwise conceal his or her failure to file, he or she may be charged with the obstruction of the administration of the tax code or face felony (rather than misdemeanor) Spies Evasion charges. Taxpayers who allegedly commit such acts can, upon conviction, can be punished by a federal prison sentence of up to three years and would demand to be represented by an experienced income tax attorney.
Common Questions About Tax Attorneys
How Much Does a Tax Attorney Cost?
There are two ways to think about the expense of hiring a Tax Attorney. You could solely consider the direct monetary cost of defending yourself against the actions of the federal or state taxing authorities, or you could take the enlightened view of also considering the long-term financial implications of spending money now to shore up your defenses for years to come.
As far as the upfront financial cost goes, tax lawyers typically charge by the hour or a flat fee, depending on the type of work that they are doing for you. This is why most tax attorneys will set up a consultation meeting with you to explore your situation and gain an idea of the potential costs and time required.
Now for the long-term cost. If you choose not to hire a Tax Attorney and you have made any of the filing mistakes common to tax amateurs, you could end up dealing with months or even years of red tape in the form of repeating criminal tax investigations & audits. The assessments of additional tax, penalties and interest and representation costs could end up costing you several times more in time spent, stress, and compounding attorney fees than you’d have paid if you would have aggressively defended yourself initially.
Why Hire a Tax Attorney?
Should you ever receive notice that the IRS will be auditing you, your first step should be hiring a tax attorney. Tax problems represent a potentially serious setback to your financial future, and you could even end up in jail if things go particularly poorly.
Our dual licensed Tax Attorneys & CPAs will ensure that you have competent, experienced, and zealous representation throughout each step of the process. No matter how large or high risk the issues that you are dealing with, we have a long track record of delivering the best possible outcome within the circumstances of each individual case. The experienced dual licenses Tax Lawyers & CPAs like the ones at the Tax Law Offices of David W. Klasing make it their business to have a grasp on numerous nuances of tax law. We have extensive experience and training that allows us to accurately predict how the IRS will approach your audit or criminal tax investigation. Hiring our firm will ensure you, to the extent possible, gain the high ground in scenarios that might otherwise end with severe financial penalties and even prison time if not handled correctly.
If you were facing criminal charges, you wouldn’t hesitate to hire an attorney to represent your best interests, and a serious tax problem is no different.
Where Do I Find a Tax Attorney?
The best way to find a qualified tax lawyer is to do some homework. You’ll want to start by researching local attorneys’ web sites, Look for attorneys who have specific experience in dealing with the IRS and tax problems. Not every attorney does. You also may want to look at web sites for tax attorney associations, which often provide a list of qualified attorneys.
When it’s time to make a choice, you’ll want to ask the attorney for a consultation meeting. Lay out your situation in detail, making sure the attorney has experience with your specific problem. Verify any credentials the attorney has.
Finally, make sure you feel comfortable conversing with the tax attorney. Tax problems often can be uncomfortable situations, so it’s important to have a tax attorney with whom you’re comfortable sharing very personal information.
How long does it typically take to resolve a tax issue with the help of a tax attorney?
The duration to resolve a tax issue with the help of a tax attorney can vary greatly depending on the type and complexity of the issue, the nature of the audit being conducted, and the responsiveness of the relevant California state or Federal tax agency.
If you are dealing with a correspondence audit (a mail audit), it is typically the least invasive type of audit, conducted remotely via mail, phone, or email. Once you respond to the initial audit request, a resolution comes within three to six months.
Office audits, which require you to bring requested records and documents to an IRS field office and undergo an in-person interview, also usually lead to a decision within three to six months after your office visit.
However, field audits, the most severe and detailed type of audit often reserved for substantial discrepancies or complex financial situations, can take several months to years to resolve. During a field audit, IRS agents may visit your personal residence or place of business to review your records and potentially interview you or your employees. These audits require careful preparation and may extend the resolution timeline significantly.
In tax litigation cases, a taxpayer generally has 90 days (or 150 days for those residing outside the U.S.) to file a tax deficiency suit upon receiving the IRS notice. For tax refund litigation, the process may extend to several months, including the appeals process and potential court proceedings.
It’s important to note that the IRS has a general 10-year limit to collect unpaid taxes from the assessment date. However, circumstances such as the taxpayer leaving the country, filing an Offer in Compromise, or filing for bankruptcy can extend this limit.
Our firm strives to resolve tax issues as swiftly and efficiently as possible, balancing the need for speed with ensuring thoroughness and accuracy. While we aim to save our clients time and money, we never compromise on the quality of our work. Our ultimate goal is to secure the best possible outcome for our clients in the shortest reasonable timeframe.
What types of clients do tax attorneys typically work with?
Tax attorneys typically serve a diverse clientele, from individuals dealing with personal income tax issues and estate planning to businesses navigating corporate tax compliance, structuring, and disputes. They also work with partnerships on optimizing tax benefits, trusts, and estates on estate administration and non-profit organizations on tax-exempt status matters. Additionally, tax attorneys cater to specialized needs such as bankruptcy-related tax issues, unreported offshore accounts, or those under a criminal tax investigation.
At the Tax Law Office of David W. Klasing, we work with diverse clients in challenging and emotionally stressful tax situations. We cater to clients facing exposure for tax crimes due to discrepancies in their tax filings or those who IRS Criminal Investigation agents have confronted. We assist individuals accused of tax fraud during divorce proceedings or those implicated in payroll tax issues by the IRS or EDD.
Clients might be scrutinized due to whistleblower tax fraud claims or have received a summons from a taxing authority. They may also be in the midst of personal assessment for non-compliance with tax filings, sales, or excise tax returns.
Our attorneys also help clients who receive notifications from foreign banks about the impending release of information regarding unreported foreign accounts and investments. We also aid those facing massive tax liabilities resulting from audit inaccuracies and those profoundly indebted to the taxing authorities due to business failure, medical emergencies, or continuous overspending.
Other clients include real estate professionals challenged by taxing authorities or individuals involved in illegal tax shelters. Additionally, we also serve individuals struggling financially due to high tax rates.
At the Tax Law Office of David W. Klasing, we are skilled in damage control and taking the offensive against taxing authorities. We strive to minimize the stress accompanying high-stakes tax problems, often threatening clients’ financial well-being and, in some cases, their freedom.
When Should I Hire a Tax Attorney?
Some people will choose to hire a tax attorney as soon as they hear notification from the IRS about an audit, while others will choose to try to solve the problem on their own for a little bit first.
Probably the best time to hire an experienced tax attorney occurs at the point where you feel uncomfortable with the process. This could be something as simple as an IRS agent speaking in language you don’t fully understand or asking for documents you aren’t sure you can provide.
Additionally, if you’re having trouble communicating with the IRS or if the agent doesn’t seem to be responding to your questions in a timely manner, a tax attorney can help cut through the red tape, speeding the process along.
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Working with an Experienced California Tax Lawyer
Other options for tax relief include a tax motivated bankruptcy and filing for innocent spouse relief. The Tax Law Offices of David W. Klasing can help you weigh these and other tax relief options. To schedule a reduced rate initial consultation about your business law issues with a business tax attorney , contact me online or call (800) 681-1295.