Things to Remember When Choosing A Tax Controversy Lawyer: Experience, Experience, Experience!

            With the economy on edge and deficits arising at unprecedented rates, the federal and local revenue agencies have gotten creative, and aggressive, in finding new sources of revenue.  Obviously, the government raises money through taxation, and the pace of taxpayer audits are rising in an attempt to capture the optimal amount of tax.  If you become faced with the prospect of an IRS or state audit, and may have issues within the tax return, your best bet is to retain a tax controversy attorney with knowledge of IRS policies and procedures to represent your interests.  

A tax controversy lawyer is much different from your accountant, estate planner, or transactional lawyer.  An experienced tax controversy lawyer can provide advice on responding to IRS requests for information to limit the breadth and scope of the audit to the auditor’s central issues, which in turn will reduce costs.  If issues are not resolved favorably during the audit, a tax controversy lawyer can guide you through the appeals process, and, most importantly, posture your case appropriately for litigation, if the need arises.  Indeed, most pure tax lawyers have very little appetite or experience for a true adversarial matter entailing litigation.  

So what should you be looking for in a tax controversy lawyer?  

1.      K.I.S.S. – Keep It Simple Stupid.  The critical broad question is “How long have you been practicing law?” Experience usually means something.

2.     Check Background - Ask the attorney if he or she has ever worked for the Internal Revenue Service, the Department of Justice, Tax Division or other government revenue agency.  Again, specific experience with the government pertaining to tax controversy is a very valuable attribute in selecting a tax attorney.  Working for “the other side” provides a leg-up for you as a client because of your attorney’s familiarity with IRS practices and strategies.  Most tax controversy lawyers have not worked for the other side.

3.      Litigation Experience – If you know that an audit issue may lead to further controversy, check to make sure your attorney has experience litigating tax cases either in Federal District Court or Tax Court.  Experience in court is a must. Most tax lawyers are not litigators. 

If you wish to discuss your tax controversy issue, please feel free to contact our Office and schedule a consultation.  This Office usually does not charge for initial consultations if they are kept to 30 minutes or less.