Panorama City Tax Litigation Attorney
Navigating the intricacies of the tax system can be a daunting challenge, as tax disputes are an inherent aspect of this complex landscape. While many tax disputes can be resolved through agreements or administrative settlements, there are situations where the only viable option for a taxpayer to achieve a favorable result is to engage in tax litigation. The sheer complexity of tax laws and the potential consequences of failing to resolve disputes appropriately highlight the importance and necessity of tax litigation. Taxpayers must understand the gravity of these situations and their potential impact on their financial well-being.
Hence, having the expertise of renowned Panorama City Tax Attorneys alongside you becomes indispensable to navigating this challenging terrain and achieving a desirable resolution. At the tax law offices of David W. Klasing, our highly-skilled dual-licensed Attorneys and CPAs possess a wealth of substantive knowledge and tax court experience. Our team is well-versed in handling tax cases across various forums, including the U.S. Tax Court, the U.S. Court of Federal Claims, Federal District Court, and Bankruptcy Court.
Additionally, we will help you interact with numerous tax agencies, such as the Internal Revenue Service (IRS), the California Franchise Tax Board (FTB), the Employment Development Department (EDD), and the California Department of Tax and Fee Administration (CDTFA). We are dedicated to thoroughly reviewing your case and examining your tax returns and other financial records to assess your rights and options. We also guide clients through IRS or state tax audits, addressing any notice of deficiency received. We will explore the merits and strengths of your case to help you contest a deficiency, pursue a refund, or manage other potential tax disputes.
Out of an estimated 1.1 million attorneys and 560,000 CPAs in the country, only 24,000 are both attorneys and CPAs. David W. Klasing has earned a master's degree in taxation and is among an exclusive group of approximately 3,000 professionals in the country with similar credentials. This unique background sets our team apart from the rest, enabling us to deliver unparalleled services and support to you. Moreover, we have a proven track record of success. To date, we have never "lost" in tax court. Our commitment to excellence is unwavering – if we do not believe we will win, we will not take your case.
Is Tax Litigation Right for You?
When faced with a tax dispute, it's essential to determine whether tax litigation is the best course of action for your specific situation. This decision involves thoroughly understanding the tax litigation process and carefully evaluating the potential benefits and risks of pursuing this route.
Understanding the Tax Litigation Process: Tax litigation is a legal process that typically begins when a taxpayer cannot resolve disagreements with a tax authority through administrative settlements, agreements, or appeals. At the end of an examination, if the IRS proposes any changes, the taxpayer receives an examination report outlining these changes and a letter notifying them of their right to appeal within 30 days. The appeal process usually involves a conference with an IRS Appeals Officer and filing a formal written protest detailing the disputed changes and the reasons for disagreement.
If the taxpayer does not respond to the 30-day letter or fails to reach an agreement with the IRS Appeals Office, they will generally receive a notice of deficiency, which provides a 90-day window to file a petition with the U.S. Tax Court. Failure to respond to this 90-day letter would result in assessing the amount on the notice of deficiency, even if the proposed changes were made in error. Tax litigation can be lengthy and demands that the taxpayer presents a solid case to persuade the court that the tax authority's decision or action is incorrect.
Tax litigation may be considered in the following situations:
- When all administrative remedies have been exhausted without a satisfactory resolution, leaving litigation as the last available recourse for a taxpayer to address their tax dispute;
- If tax authorities have misapplied the law or misinterpreted the facts, the taxpayer can present a solid legal argument to support their stance;
- In cases where the financial stakes are substantial and the potential benefits of litigation justify the associated costs and risks;
- When a taxpayer seeks to challenge the constitutionality or fairness of a specific tax policy or regulation that affects them adversely;
- If there is a need for judicial clarification due to conflicting tax laws or regulations, leading to uncertainties in the proper application or interpretation of these provisions; or
- When a taxpayer aims to contest unjust or disproportionate penalties or other enforcement actions levied against them by the tax authorities.
Before deciding to pursue tax litigation, weighing this legal process's potential benefits and risks is essential. Some benefits of tax litigation include the following:
- Tax litigation provides an opportunity to challenge and correct erroneous tax assessments or decisions tax authorities make;
- Successful litigation may result in recovering substantial amounts of overpaid taxes, reducing your financial burden;
- Litigation can lead to setting legal precedents that benefit other taxpayers facing similar tax disputes;
- Tax litigation helps protect your rights as a taxpayer by addressing and resolving disputes arising from unfair or unjust tax enforcement actions; and
- Skilled tax litigation attorneys can negotiate settlements or payment plans, potentially reducing penalties and interest charges.
Audits and Internal Appeals: Exploring alternative dispute resolution options, such as audits and internal appeals, is essential before resorting to tax litigation. These methods can be less adversarial, expensive, and often quicker than litigation. If a satisfactory resolution can be achieved through these avenues, pursuing them may be more advantageous than engaging in a potentially lengthy and costly court battle. Audits involve a detailed examination of your tax returns and financial records by the tax authority. If discrepancies or issues are found, we will help you resolve them through discussions and negotiations with the relevant tax agency.
Internal appeals allow taxpayers to contest a tax authority's decision without litigation. There are generally two types of internal appeals:
- Expedited appeals process: This accelerated approach aims to resolve tax disputes by assembling the auditor, their manager, and an appeals officer to review and settle the case jointly. The process may be less effective due to the auditor's and manager's emotional investment in the audit results. As they have been directly involved in the initial audit, they may be more inclined to defend their findings, which could introduce bias in the decision-making process and impact the objectivity of the outcome.
- Regular appeals process: Initiated by filing a tax court petition, this process allows for an independent review by an appeals officer not involved in the initial audit, excluding the IRS auditor and their manager from direct involvement. The appeals officer will consider the taxpayer's arguments and evidence and attempt to resolve them while considering the hazards of litigation for the IRS. If an agreement is not reached, the taxpayer has another chance to appeal with the IRS Chief Counsel's office on the Tax Court steps.
It is never a wise idea to try to represent yourself at Tax Court or to put your case in the hands of anyone but experienced dual-licensed Tax Attorneys and CPAs like us at the Law Offices of David W. Klasing. Our skilled professionals know the lay of the land in appeals, in front of the Chief Counsel's Office and Tax Court, and can help you negotiate a reasonable settlement without going through the hassles of a trial. Our extensive experience handling both IRS and California state tax audits and internal appeals has allowed us to resolve tax disputes without ever stepping foot in tax court, sparing our clients the most expensive part of litigation.
With a 98% settlement rate, the IRS also prefers to avoid litigation. If we believe the appeals and litigation process can benefit you, we will take your case and strive for the best possible outcome. However, we will not take the case if we determine that pursuing these options is not in your best interest. Our primary goal is to ensure that you are treated fairly by the taxing authorities, and we will always prioritize your needs above our own. Regardless of the tax issue you face, be it an offshore asset matter, voluntary disclosure, IRS audit, or dispute with a state or local taxing authority, our team is well-equipped to provide the highest caliber tax litigation defense.
Tax Litigation and Tax Controversy
Tax litigation and controversies commonly involve tax disputes that arise between taxpayers and federal or California tax authorities. These disputes can involve various parties, such as businesses, trusts, estates, and individuals. Tax-related disagreements can emerge from multiple tax categories, including income tax, estate, and California state sales and use tax. Typically, tax disputes are classified into civil and criminal tax matters.
Civil Tax Controversies: When facing civil tax controversies, taxpayers deal with complex and nuanced tax laws and regulations. In these situations, the expertise of tax attorneys becomes invaluable, as they can help clients navigate the intricacies of tax law, collaborate with revenue agents, strategize audits, and pursue administrative or judicial appeals. Their roles can vary from providing representation in court proceedings to advising taxpayers or their accountants and assisting in planning transactions to prevent future disputes.
Civil tax matters generally start with audit, assessment, and collection activities conducted by a taxing authority, or they might be triggered by a taxpayer seeking a refund. To resolve a civil tax controversy at the federal level, it may be necessary to engage in discussions with the IRS, submit a written appeal to and negotiate with the Appeals Office, or litigate the case in the United States Tax Court, District Courts, or Court of Federal Claims. A similar process exists for handling civil tax controversies at the California state level.
Civil tax controversies can extend to international transactions, where an international tax attorney's expertise is essential. We are a team of Tax Attorneys and CPAs in a law firm experienced in international tax law so you can count on our experience and knowledge. We will help resolve issues in cross-border activities, navigate complex international tax laws, and plan transactions to minimize tax liabilities. We also assist taxpayers in using voluntary disclosure programs to prevent or reduce tax penalties by disclosing unreported foreign assets or income, demonstrating compliance, and mitigating risks.
Criminal Tax Controversies: Criminal tax controversies encompass cases where taxpayers face allegations of intentional tax evasion, fraud, or other deliberate violations of tax laws. These cases can lead to substantial fines, penalties, and even imprisonment if the taxpayer is found guilty. In criminal tax matters, the government must establish the taxpayer's guilt beyond a reasonable doubt, which is a higher burden of proof than in civil cases. At the tax law offices of David W Klasing, we play a crucial role in representing taxpayers during criminal tax investigations conducted by the IRS, the Department of Justice, and California taxing authorities throughout criminal trials, sentencing proceedings, and appeals.
In addition to the core services provided in criminal tax controversies, we also help clients by advising on preventative measures and compliance strategies to reduce the risk of future criminal tax issues. Moreover, we work closely with other experts, such as forensic accountants, to build a robust defense and challenge the evidence presented by taxing authorities. Our team boasts first-hand experience with tax litigation cases, having been associated with the top international tax defense law firm of Marc Schwartz. This invaluable background, coupled with our extensive knowledge and expertise, allows us to provide exceptional legal representation for your tax disputes. Our expertise in navigating the complex legal landscape of criminal tax matters is essential for taxpayers facing potential criminal charges or investigations.
How a Dual-Licensed Panorama City Tax Litigation Attorney and CPA Can Help You
At the Law Offices of David W. Klasing, our Panorama City dual-licensed Attorneys and CPAs are renowned for the expertise and achievements in tax law. Consistently ranked as one of the nation's top tax law firms, our team is recognized for its leadership and authority in the field, as demonstrated by numerous awards, rankings, media mentions, and leadership positions. David W. Klasing, an Attorney-CPA with a Master's in Tax, has held prestigious positions such as the 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.
While many general litigation firms may offer high-quality representation, they often lack detailed knowledge of tax law and procedures for handling complex tax disputes. At the Law Offices of David W. Klasing, our dual-licensed Attorneys and CPAs focus exclusively on tax litigation and controversies, providing an unparalleled depth of expertise in resolving issues such as offshore asset matters, voluntary disclosures, IRS audits, and disputes with federal or California state taxing authorities. When you choose our Panorama City tax litigation team, you can trust that you are working with dedicated professionals who understand tax law and procedure nuances. Our commitment to providing the highest caliber tax litigation defense ensures that your case is handled with the utmost care and expertise, positioning you for the best possible result.
As a conscientious team of Panorama City dual-licensed Tax Litigation Attorneys and CPAs, we prioritize your needs over ours. If we believe your case cannot be improved through litigation or at the federal or California taxing authority's internal appeals level, we will not accept your case. Our primary objective is ensuring fair treatment by federal and California taxing authorities, not prioritizing our financial interests. With our team by your side, you can have confidence in receiving the support and guidance necessary to navigate tax litigation and secure a just outcome. For a reduced-rate initial consultation, call our office today at 805-200-4053 and 800-681-1295 or contact us online. Our Panorama City office is conveniently located:
14500 Roscoe Blvd, 4th Floor, Panorama City, CA 91402, United States
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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