Date: 06/28/11
Topic: Criminal Tax Representation
The problem:
Recently, at an IRS Stakeholder Liaison Meeting, a complaint was raised with the IRS by a Tax Practitioner and was reinforced by most of the Tax Practitioners in attendance, that it is quite common for IRS Revenue Agent’s and Revenue Officer’s to bypass the authorized representative designated on a Tax Payer’s Power of Attorney with the IRS, and for the agent’s to contact Taxpayer’s directly, thus denying Taxpayer’s of their right to representation.
For the twelfth year in a row, the Treasury Inspector General for Tax Administration (TIGTA), an organization charged with oversight of the IRS, has claimed an inability to provide an opinion on how well the IRS is complying with Internal Revenue Code restrictions on direct contact with represented Taxpayer’s because of perceived limitations with the IRS’s computer systems. TIGTA claims that the evidence they have on representative bypass suggests the potential direct contact violations were rare in considering of the number of IRS enforcement personnel that routinely interact with taxpayers and their representatives each year.
The Solution:
By law, IRS Revenue Agents and Revenue Officer’s are required to end an interview if a taxpayer requests to consult with a representative, and they may not bypass that representative, and approach the Taxpayer directly, without approval from their supervisor. This right is similar to an individual’s right to end a Police interrogation until an attorney is present.
If you have authorized a Tax Professional to represent you, you have a right to have them present whenever you are approached by the IRS. If they call you, you are within your rights to refuse to continue the call without your representative being conferenced into the call. If they show up at your home or business, refuse them entrance until your authorized representative can be present. If they try to arrange a meeting, do not confirm the arrangements of the meeting without first making sure your representative can attend. The bottom line is that the IRS does not have the power to force you to speak with them without your representative being present. This is one great reason to have a retainer agreement and Power of Attorney in place with the Tax Law Office of David W. Klasing. We know the extent of the IRS’s power and will protect your rights to representation and will never allow the IRS to force you to speak with them without the benefit of experienced Tax Counsel.
