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Dealing with Challenging Audits – Insight from a Denver Tax Attorney

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November 29, 2023

Facing an IRS audit can be a stressful and overwhelming experience, but with the right preparation and legal guidance, you can navigate the process effectively. Whether your audit is the result of a routine check or a red flag on your tax return, having an experienced Denver tax attorney on your side can make all the difference.

Why You Shouldn’t Wait to Call a Tax Attorney

If you suspect an audit, do not delay in seeking legal advice. Many taxpayers make the mistake of assuming they can handle an audit alone, only to realize later that they’ve made critical errors that could have been avoided with professional assistance. A Denver IRS tax attorney can help you:

  • Understand why you’re being audited and what’s at stake.
  • Gather necessary documentation and ensure your records are in order.
  • Communicate with the IRS on your behalf to minimize errors and misunderstandings.
  • Protect your rights and advise you on the best course of action.

The earlier you consult an attorney, the better prepared you will be to respond effectively to IRS inquiries and avoid unnecessary penalties or legal issues.

Know Your Rights During an Audit

Many taxpayers are unaware that they have rights during an audit that protect them from unfair treatment or excessive demands. These include:

  • The Right to Representation: You are entitled to have a tax attorney present during your audit. Your attorney can respond to IRS inquiries on your behalf and ensure that you don’t unintentionally say something that could be used against you.
  • The Right to Appeal: If you disagree with the audit’s findings, you have the right to challenge the decision through the IRS appeals process or even take the case to Tax Court if necessary.
  • The Right to Privacy & Confidentiality: The IRS must treat you with fairness and cannot harass or intimidate you during the audit process.

Your tax attorney will ensure these rights are upheld while advocating for the best possible outcome in your case.

The Importance of Keeping Well-Organized Records

One of the most common reasons for tax audits is inconsistent or incomplete documentation. If you’re facing an audit, having well-organized financial records can significantly improve your chances of a smooth resolution. Your attorney can help you:

  • Gather bank statements, receipts, invoices, and financial records related to your tax filings.
  • Identify missing documentation that needs to be provided to the IRS.
  • Present your financial records in a clear and structured way that supports your case.

Understanding What Triggered the Audit

Not all audits are the result of mistakes or wrongdoing. Some audits are random, while others are triggered by certain red flags, such as:

  • Large Deductions or Losses: Claiming unusually high deductions compared to your income may raise IRS suspicions.
  • Unreported Income: If the IRS finds discrepancies between your reported income and what they have on file, it could lead to an audit.
  • Self-Employment or Cash-Based Businesses: Business owners who primarily deal with cash transactions are often subject to greater scrutiny.
  • Foreign Assets & Cryptocurrency Transactions: The IRS closely monitors foreign bank accounts and cryptocurrency activity for unreported income.

Your Denver tax attorney will carefully analyze your situation to determine what may have prompted the audit and develop a strategy to address the IRS’s concerns effectively.

How to Communicate Effectively with the IRS

IRS audits involve questioning and requests for documentation. Your attorney will prepare you for these interactions to ensure that you don’t unintentionally harm your case. Key strategies include:

  • Stick to the Facts – Avoid offering unnecessary details beyond what the IRS has requested. Over-explaining or providing additional documents that weren’t requested could lead to further scrutiny.
  • Let Your Attorney Take the Lead – Your tax attorney knows what information should (and should not) be disclosed. It’s often best to let them handle direct communication with the IRS.
  • Remain Polite and Professional – Maintaining a calm and respectful demeanor can help keep the audit process on track and prevent unnecessary friction with IRS agents.

What to Do If You Disagree with the Audit Outcome

If the IRS determines that you owe additional taxes, penalties, or interest, you do not have to accept their findings without question. Your tax attorney can help you:

  • File an Appeal: If errors were made in the audit process or you believe the IRS misinterpreted your tax situation, you have the right to challenge the decision.
  • Negotiate a Settlement: Your attorney may be able to negotiate a reduced tax liability through an Offer in Compromise or payment plan that works for your financial situation.
  • Take Legal Action: In extreme cases, if the IRS wrongfully assesses additional taxes, your attorney can represent you in Tax Court to fight the charges.

Get Expert Guidance from a Denver Tax Attorney

IRS audits can be stressful, but with the right legal representation, you can protect your financial future and ensure a fair resolution. At Illumine Legal, our experienced tax attorneys provide comprehensive tax planning and audit defense services, helping individuals and businesses navigate complex tax laws with confidence.

Learn more about our tax planning services: https://illuminelegal.com/services/tax-planning/

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