Oxnard, CA Tax Litigation Attorney
A dispute with a taxing authority often does not have to result in a courtroom battle. Taxpayers can often resolve their tax disputes through alternative methods, such as mediation, or administrative appeals. However, there are instances when tax litigation becomes crucial in asserting one's rights and ensuring a fair resolution to a tax dispute. Having an experienced and knowledgeable dual-licensed Oxnard Tax Litigation Attorney and CPA by your side is essential in such situations.
Many tax professionals primarily offer bookkeeping, accounting, or tax planning services. However, David W. Klasing, a dual-licensed Attorney-CPA with a Master's in tax, stands out among an exclusive group of approximately 3,000 professionals in the country with similar credentials. Given that there are 1.1 million attorneys, 560K CPAs, and only an estimated 24K dual-licensed attorney-CPAs nationwide, David's unique skill set sets him apart from the competition. He has held prestigious positions, such as Past Chair of the OCBA Tax Committee, Past Chair of the California Bar Tax Procedure and Litigation Committee, and Past Education Chair of the American Society of Attorney CPAs. With over 20 years of experience, David has been dedicated to helping taxpayers minimize their liabilities while efficiently resolving IRS disputes.
In certain situations where other remedies have been exhausted, tax litigation represents taxpayers' best chance of proving the IRS wrong on the law or facts to avoid an improper tax, penalties, and interest assessment. Tax litigation against the IRS is often challenging because of the intricate tax laws and the considerable resources the agency possesses. This complexity can make it difficult for individuals and businesses to navigate the process without specialized knowledge and expertise.
Tax disputes in Oxnard often involve various federal and California tax agencies, each with different rules, regulations, and procedures. It is essential to understand their roles in effectively addressing tax-related issues. At the federal level, the Internal Revenue Service (IRS) administers and enforces the Internal Revenue Code, governing federal income, employment, and estate taxes, while conducting audits, assessing penalties, and initiating collection actions against non-compliant taxpayers. In California, the primary state tax agencies are the Franchise Tax Board (FTB), the California Department of Tax and Fee Administration (CDTFA), and the Employment Development Department (EDD).
The Tax Law Offices of David W. Klasing understand the complexities and challenges of tax disputes, with our highly-skilled, dual-licensed Tax Attorneys and CPAs possessing the substantive knowledge and courtroom experience necessary to develop winning litigation strategies in various forums, including the U.S. Tax Court, the U.S. Court of Federal Claims, Federal District Courts, Bankruptcy Courts, and appellate courts around the nation. As your dedicated legal advocates, we tirelessly pursue the best possible resolution for your unique situation, navigating the complexities of federal and California tax agencies on your behalf while recognizing that, in some instances, the only path to justice is through the courtroom.
With inside knowledge of the IRS, extensive legal and tax experience, and support from an award-winning team of diligent and dedicated tax professionals, Mr. Klasing provides unparalleled service to clients throughout Oxnard. If you need assistance with a tax appeal or lawsuit against the IRS, we, the Oxnard tax attorneys at the Tax Law Office of David W. Klasing, provide the guidance you need to increase your odds of success. Our experienced dual-licensed tax litigation Attorneys and CPAs understand the complexities of tax law. We are prepared to advocate fiercely on your behalf, working tirelessly to achieve the best possible outcome for your case. Trust us to provide you with the support, guidance, and representation you need to overcome your tax challenges and secure a favorable result.
About IRS Tax Litigation
Every year, approximately one million returns are audited by the IRS. Perhaps unsurprisingly, thousands of taxpayers get into subsequent disputes with the IRS. Often, these disputes arise when a tax audit produces an outcome that the taxpayer does not expect and strongly disagrees with. For example, when an IRS audit concludes, the auditor may determine that the taxpayer owes thousands or millions of dollars in unpaid federal income taxes. The same taxpayer may also owe substantial interest on due taxes. The IRS may also impose penalties, increasing the taxpayer's total liability. If remedies such as mediation fail to resolve the disagreement, the taxpayer can litigate the issue by filing an appeal. Nonetheless, due to the intricacies of the appeals process, it is highly recommended that taxpayers seek the assistance of a reputable tax litigation attorney before proceeding. The Oxnard IRS tax dual-licensed Attorneys and CPAs at the Tax Law Office of David W. Klasing are well-equipped to provide the necessary support and guidance in such situations.
Filing a Deficiency Suit or Refund Claim Against the IRS
There are two basic types of tax issues that can be successfully litigated: deficiency actions and refund actions. In a deficiency action, the taxpayer is effectively suing to dispute a supposed "tax deficiency," which is the difference between the amount paid and the amount the IRS has determined is owed by the taxpayer. By comparison, the object of a refund action is to demonstrate that the taxpayer has overpaid their estimated taxes and is therefore entitled to a refund from the IRS. Overall, deficiency actions are more common than refund actions.
Understanding Tax Deficiency Disputes
Tax deficiency disputes arise when the government, typically after an audit, asserts that a taxpayer owes more taxes than originally reported on their individual or business tax returns. The IRS usually issues a notice of deficiency at the end of an unresolved audit if they believe the taxpayer has underreported income, overclaimed deductions, or claimed total credits. Conversely, tax refund litigation concerns disputes over denied tax refunds that taxpayers think they owe.
If taxpayers disagree with the IRS's audit findings, they can dispute the deficiency through an expedited appeals process or by filing a lawsuit in Tax Court. The expedited appeals process involves the auditor, their manager, and an appeals officer. Still, it is often ineffective due to the auditor's and manager's emotional investment in the audit results.
The regular appeals process, initiated by filing a tax court petition, involves an independent review by an appeals officer not part of the initial audit. The appeals officer will objectively assess the taxpayer's arguments and evidence, attempting to reach a resolution that accounts for the IRS's litigation risks. If the appeals process doesn't yield a solution, the taxpayer has another chance to appeal with the IRS Chief Counsel's office.
Filing a lawsuit in Tax Court requires taxpayers to prepare a complaint detailing their legal arguments and supporting evidence. The case proceeds first to appeals and then to the chief counsel's office before trial. At trial, the taxpayer and their attorney present their arguments and evidence to the judge, who will issue a decision that can be appealed to a higher court if necessary.
A detailed overview of the requirements to litigate a deficiency action in Tax Court is available here, including an explanation of where and when the petition must be filed. However, to provide a summary, taxpayers file suit in Tax Court in Washington, D.C., within 90 days of the date supplied on the taxpayer's IRS Notice of Deficiency, also known as a "90-day letter," for this reason. As is true of most types of lawsuits, most deficiency actions are ultimately settled outside of court, though exceptions occasionally arise.
Understanding Tax Refund Litigation
Tax Refund Litigation: Taxpayers may need to engage in litigation over tax refund disputes if they believe they deserve a refund for taxes already paid. Tax refund litigation can be complicated and involve issues such as filing deadlines for claims or interpreting tax laws. If the IRS rejects a taxpayer's refund claim, the taxpayer can dispute the decision through an appeals process. This process involves an impartial review of the taxpayer's case by an appeals officer not part of the original decision. The appeals officer will assess the taxpayer's arguments and evidence, attempting to reach a resolution.
Suppose the appeals process fails to produce a resolution. In that case, the taxpayer can file a lawsuit against the IRS in federal district court or the United States Court of Federal Claims to challenge the refund denial. The litigation process may involve pre-trial proceedings, like discovery, and a trial in which the taxpayer and their attorney present their arguments and evidence to the judge. After the trial, the judge will issue a decision that, similar to deficiency disputes, can be appealed to a higher court if necessary.
At the Tax Law Offices of David W. Klasing, our Oxnard, CA team of dual-licensed Tax Litigation Attorneys and CPAs have the expertise and knowledge to effectively represent taxpayers in tax deficiency disputes and tax refund litigation. We leverage our comprehensive understanding of tax law and the litigation process to deliver the most favorable outcomes for our clients in their tax litigation cases. With the IRS holding a 98% settlement rate, it is evident that both the taxpayer and the IRS generally prefer reaching a mutually agreeable solution outside the court, avoiding the typically high expenses of actual litigation. If litigation becomes essential, our skilled tax litigation attorneys will fervently advocate on your behalf, striving relentlessly to secure the best possible outcome for you.
Moreover, we adopt a strategic approach to tax litigation, focusing on resolving disputes efficiently and cost-effectively. We take pride in the fact that we have never had to enter a Tax Court, saving our clients from the most costly aspect of tax litigation. We believe exploring alternative dispute resolution methods is in our client's best interests whenever feasible. Our proven track record demonstrates our success in negotiating settlements with the IRS and other tax agencies. Our commitment to offering personalized and effective representation to our clients sets us apart in the industry.
Our Oxnard, CA, Tax Litigation Lawyers Can Help You Sue the IRS
Tax litigation is an exceptionally complex area at the intersection of court procedures, IRS protocols, federal tax laws, taxpayer rights, and financial regulations. If you believe you could have a claim against the IRS – whether because you disagree with IRS audit results or think you are entitled to a tax refund – it is in your best interests to discuss the situation with a seasoned IRS litigation attorney. At the Tax Law Office of David W. Klasing, we bring over 20 years of experience to every case we handle, approaching each claim with an insider perspective and outside-the-box thinking.
David W. Klasing is a dual-licensed Attorney & CPA and has held esteemed positions such as Past Chair of the OCBA Tax Committee, Past Chair of the California Bar Tax Procedure and Litigation Committee, and Past Education Chair of the American Society of Attorney CPAs. Having earned a Master's in Taxation, his long history of victories for clients, prioritizing ethics and honesty in every action, demonstrates his exceptional expertise. If you face an audit, deficiency dispute, or tax refund litigation, our seasoned tax attorneys can offer the expert representation needed to safeguard your rights and interests. We work closely with our clients to develop tailored strategies for resolving tax disputes most efficiently and effectively.
Our team can provide strategic responses to protect your rights and interests when dealing with IRS audits, offshore tax investments, or false income tax return allegations. With offshore assets, we can help you decipher the intricate tax laws and regulations surrounding these investments, ensuring compliance with all applicable laws. If you face allegations regarding false income tax returns, we can offer expert guidance and representation to build a robust defense and protect your rights and interests. Moreover, we will help you leverage voluntary disclosure programs to prevent or minimize tax penalties. These programs can be a potent tool to avoid or reduce tax penalties for taxpayers who have not reported all income or assets to the IRS. By voluntarily disclosing previously unreported income or assets, taxpayers may qualify for reduced penalties and avoid criminal tax prosecution. Our tax litigation attorneys have extensive experience working with clients to determine their eligibility for voluntary disclosure programs and guide them through the process. We can provide the guidance and support needed to decide whether to participate in a voluntary disclosure program and help navigate the program's requirements to secure a favorable outcome.
As one of the nation's top tax law firms, we consistently receive recognition and awards for our outstanding service and expertise in tax controversy and litigation. Our attorneys are acknowledged leaders and authorities in the field, with numerous media mentions and leadership positions. With our assistance, you can trust that your tax disputes will be resolved with a customized strategy tailored to your needs. We prioritize protecting your rights and interests throughout the litigation and strive to provide the best representation in all tax controversies.
Contact us online today to arrange a reduced-rate tax consultation, or call our Oxnard tax office at (805) 617-4566 for immediate assistance. Please note all meetings at our Oxnard location must be scheduled in advance.
Tax Litigation FAQs
For tax litigation help, you should talk to an attorney about your situation. However, the following tax litigation FAQs may help to provide you with general information:
- Do interest and penalties stop while my tax appeal is pending?
- How does the appeals process normally conclude?
- How long until the IRS Appeals Office hears my protest?
- What discovery methods apply in federal tax litigation?
- Which federal court should I litigate my tax issue in?
- Who can represent a taxpayer in the Tax Court?
- Who has the burden of proof in tax litigation?
Note: If you have concerns about the privacy of our initial or subsequent communication and cannot easily travel to our Irvine / Orange County Main Office, consider scheduling a GoToMeeting to safely and securely establish an initial or maintain an existing attorney-client relationship. With end-to-end encryption, strong passwords, and top-rated reliability, no one is messing with your meeting. To schedule a reduced rate initial consultation via GoToMeeting, follow this link. Call our office and request a GoToMeeting if you are an existing client. We are generally happy to travel to any of our appointment-only satellite offices for a subsequent meeting in appropriate circumstances once a relationship is established via a signed engagement letter and the payment of an initial retainer or where enough retainer is available where a current client to cover the reasonable travel time and time required for the meeting.
Will it cost me more to hire the Tax Law Offices of David W. Klasing, whose main office and the vast majority of the firm's staff is in Irvine, California, but an appointment only Satellite office is close to my location, as opposed to a local company? Absolutely not! See our policies that address this issue here:
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More Commonly Asked Tax Audit Questions
- How should Tax Audits be Handled by Criminal Tax Counsel?
- How to survive audit when I cheated on return being audited
- What is an eggshell audit?
- What is a reverse egg shell audit?
- Why is a reverse egg shell audit dangerous for a taxpayer?
- Warning signs of a criminal referral from an IRS audit
- Effective tax defense counsels goals in an egg shell audit?
- How are the 4 goals and outcomes 1 and 2 best obtained?
- What are the possible outcomes of an egg shell audit?
- Is it my right to know why I was selected for examination?
- What can I do to prepare for an audit?
- What is an IRS civil examination?
- How IRS decides which tax returns are audited
- What are my appeal options if I disagree with IRS?
- What are my basic taxpayer rights if the IRS audits me?
- Options if I am unable to pay at the conclusion of audit
- What a 30 or 90-Day Letter from the IRS means
- What is involved with appealing disagreements?
- Rights to disagree with IRStaxauditor'sss findings
- Can I stop the IRS from repeatedly auditing me?
- Can I have the examination transferred to another area?
- Can I record my IRS interview and is it a good idea?
- How many years of returns are at risk during an audit?
- Common reasons for the IRS to conduct a tax audit
- How to avoid negative consequences from an IRS interview
- Have to agree to interview by taxing authority directly?
- Are all audits the same?
- What should I do if the IRS is investigating me?
- What ifIdon'ttt respond to a taxing authority audit notice
- Your rights during an IRS tax audit
- Risks of attending an IRS audit without a tax lawyer
- Most common audit technique used by taxing authorities
- Don't go into an IRS audit without representation
- Why hire an attorney to represent me in an audit?
- Why hire David W. Klasing to represent me in an audit
California Sales Tax Questions and Answers
- Common issues encountered during sales tax audit
- What is a sales tax audit?
- Disagreeing with business audit conclusions
- Timeline to file Petition for Redetermination?
- What should Petition for Redetermination contain?
- Is the appeals conference formal or informal?
- Appeals Division's Decision and Recommendation
- Are a mark-up percentage and a profit margin the same?
- Problems with the mark up audit
- Can State Board of Equalization ignore my business records
- What is a sales tax deficiency determination?
- Business being audited for sales tax. Should I be worried?
- Audit determined fraud to avoid sales and use tax
- Definition of "sale" for California Sales Tax
- What do California sellers need to know about sales tax?
- How do I apply for a sellers permit?
- What are my obligations as a permit holder?
- What is sales tax?
- What is tangible personal property?
- What is a sale?
- What are total gross receipts?
- What is use tax?
- Who is responsible for paying the use tax?
- Who is a retailer engaged in business in California?
- Who is a qualified purchaser?
- Do I need a Certificate of Registration Use tax?
- Do I need a Use Tax Direct Payment Permit?
- What types of sales are exempt from sales tax?
- How are Internet Transactions Taxed?
- How is California sales or use tax determined?
- What is the statewide sales and use tax rate?
- Are there other local and district sales and use taxes?
- Total sales and use tax rate calculation
- How to protect against successor liability in California
- Recourse when issued California sales tax liability notice
- CA Sales Tax liability extend to purchasers/successors?
- Waiting Until Audited to Take Action on Tax Matters
- Sales tax records needed in California
- What are California's sales and use taxes?
- Why does the State of California audit businesses to ensure compliance with sales and use taxes? How does the State determine whether to audit my business?
- The BOE reviews the purchase invoices of my business
Questions and Answers for Criminal Tax Representation
- When tax defense counsel parallels tax crime investigation
- Guilty of tax obstruction by backdating documents?
- To be found guilty of tax obstruction must a person actually be successful in impeding the IRS's functions?
- Help! The Document I Gave the IRS Had False Information
- Tax crime aiding or assisting false return IRC §7206(2)
- What is the crime known as tax obstruction § 7212?
- What is the difference between tax perjury and tax evasion?
- What is the tax crime commonly known as tax perjury?
- What is a Klein Conspiracy?
- Increased possibility of civil action in IRS investigation
- Am I Guilty of Tax Evasion if the Law is Vague?
- What happens if the IRS thinks I committed tax crimes?
- What are ways to defend against a tax evasion charge?
- Difference between criminal tax evasion and civil tax fraud
- What accounting method does the IRS use for tax fraud
- Can I Change Accounting Method to the Accrual Method
- What is the willfulness requirement for tax evasion?
- I didn't know I committed tax fraud. Can I get off?
- Concealed assets from IRS. Can I avoid tax evasion charges
- How government proves I willfully engaged in tax evasion
- What is the venue or court where a tax crime case is heard?
- Must the IRS prove tax crimes beyond a reasonable doubt?
- Is it a crime to make false statements to the IRS?
- Will the IRS overlook my tax evasion if it's minor?
- Failed to tell IRS about my nominee account
- Audit risk with cash based business transactions
- How to defend a client charged with tax evasion
- Is it tax evasion if I didn't file income tax return?
- Government says I attempted to evade my taxes. Now what?
- I forgot to pay my taxes or estimated tax. Is this a crime?
- Government proof I "willfully" failed to pay taxes
- 5 Ways to Respond to Tax Evasion Charges
- Being audited after using a tax professional
- Rules for what an IRS agent can do while investigating me
- How tax preparers, attorneys and accountants are punished
- How the IRS selects tax crime lead for investigation
- How does the IRS prosecute suspected tax crimes?
- Does IRS reward informant leads for suspected tax crimes?
- How the government proves deficiency in a tax evasion case
- Do prior tax crimes factor into new IRS tax convictions?
- Requesting conference before investigative report is done
- Requesting conference after IRS Special Agent Report
- What are my rights during an IRS criminal investigation?
- Avoid prosecution for tax crime with voluntary disclosure?
- Defense tactics that make it hard for to prove willfulness
- How a tax attorney can stop your criminal tax case?
- What can you generally tell me about tax crimes?
- Continuing filing requirement with investigation pending
- Federal criminal code crimes that apply to tax issues
- Penalty for making, subscribing, and filing a false return
- CID special agent's report for criminal prosecution
- What is the discovery process in a criminal tax case?
- What the IRS includes in indictment for tax case
- What is the hardest element of a tax crime to prove?
- IRS methods of gathering evidence to prove tax crime
- What does a grand jury do in IRS tax crime prosecution?
- Failure to keep records or supply information
- Failure to make a return, supply information, or pay tax
- What is attempting to evade payment of taxes?
- What is income tax evasion and how is it punished?
- What is attempted income tax evasion?
- What is the crime of failure to pay tax? What is punishment
- Crime of making or subscribing false return or document
- Criminal Investigation Division investigation tactics
- Tax crimes related to employment tax forms and trust funds
- Tactics to defend or mitigate IRS criminal tax charges
- How the IRS generates leads about suspected tax crimes
- What is the crime" evasion of assessment" of tax?
- Specific examples of "attempting" to evade tax assessment
- What is the so-called Spies evasion doctrine?
- Does overstating deductions constitute tax evasion?
- Is it tax evasion if my W-4 contains false statements?
- IRC §7201 attempt to evade vs. common-law crime of attempt
- What are the penalties for Spies tax evasion?
- How government proves a taxpayer attempted tax fraud
- What is a tax that was "due and owing."
- What is evasion of assessment for tax liability?
- Is evasion of assessment different from evasion of payment
- Does the IRS have a dollar threshold for tax fraud?
- What is the IRS burden of proof for tax fraud convictions?
- Are Tax Laws Constitutional?
- What is the source of law that defines tax evasion?
- Does section 7201 create two distinct criminal offenses?
- Does tax evasion definition include partnership LLC
- What if I helped someone else evade taxes?
- Is it illegal to overstate deductions on my tax return?
- Is it illegal to conceal bank accounts from the IRS?
- Do later losses justify prior deductions?
- Common reasons the IRS and DOJ start investigations
- What is the Mens Rea component of tax crimes?
- What is a proffer agreement and what are the risks?
- Why to have an attorney to review a proffer agreement
- Why enter into a proffer agreement?
- Limited use immunity from proffer agreements
- Difference between civil and criminal fraud allegation
Questions About Delinquent Payroll Taxes and Trust Fund Recovery Penalty
- What happens if an employer continues to incur new payroll tax liabilities?
- California Employment Taxes Basics
- How Does the IRS Develop an Employment Tax Fraud Case from the First Indication of Fraud to a Criminal Indictment?
- Can more than one person be considered responsible by IRS
- How unpaid employment tax payments are allocated
- When a corporate officer is considered a responsible party
- Examples of trust fund recovery penalty determinations
- Failing to pay employment taxes after notice is given
- How to determine responsible person for trust fund recovery
- Assessing trust fund recovery penalty and option to appeal
- What is the trust fund recovery penalty?
- What are the penalties for failure to pay employment taxes
- When am I considered liable for company's employment taxes