what questions to ask a estate tax attorney when audited by the irs

by Pablo Swift 7 min read

Some of the questions you might consider asking include: What types of tax law do you specialize in? You want to hire a tax attorney who specializes in the area of tax law that pertains to your situation. For example, if you owe back payroll taxes, you want to retain a tax lawyer who is experienced in business tax law.

Full Answer

How can I avoid an estate tax audit?

Aug 08, 2019 · An audit, in simple terms, is a review of an individual taxpayer or business’s accounts to ensure that all the current tax laws are being followed, that income is correctly reported with supporting documentation, and that you’re paying the right amount of taxes. Basically, it’s the IRS making sure that everything on your taxes is correct.

What percentage of estate tax returns are audited?

I own a 1/2 interest in a farm (or building or business) with my brother (sister, friend, other). What is included? What is excluded from the Estate? What deductions are available to reduce the Estate Tax? What other information do I need to include with the return? What is "Fair Market Value?" What about the value of my family business/farm?

Can an executor represent themselves in an IRS audit?

Mar 12, 2018 · We have the credentials, the experience, and the track record of success to handle IRS tax problems like yours, AND give you peace of mind! If you live in or around Columbia SC and are experiencing income tax problems, help is nearby. Contact tax lawyer Joseph M. Arndt III at (803) 771-4037 for a free consultation.

What questions should I ask when meeting with an estate planning lawyer?

Dec 05, 2019 · “How long have you been with the IRS?” “How does someone get to be an auditor?” “Where did you go to school?” “Do you have children?” Everyone likes to talk about their favorite subject— themselves. At worst, it reduces the time for examining your return.

What questions should I ask my tax attorney?

Questions to Ask Your Tax AttorneyWhat types of tax law do you specialize in? ... How long have you been in practice? ... Are you admitted to the state bar? ... Can you help me with my tax case? ... How do you charge or bill for services? ... How will you keep me informed about my case?Aug 15, 2018

Should I hire an attorney for an IRS audit?

Not usually. For one thing, even if you do get audited, most audits happen by mail. In fact, all audits start out by receiving a letter from the IRS. ... In truth, the only time you really need a tax attorney for an audit is when the audit accuses you of a crime like tax evasion or fraud.

How do I prepare for an IRS audit?

Organize the records you send or bring with you to help speed the process along and reduce errors or misunderstandings. Organize your tax records by year and type of income or expense and include a summary of transactions. Promptly mail copies of any correspondence — never the original records — to the address listed.

How long does the IRS have to audit an estate?

three yearsIn general, IRC 6501(a) requires the IRS to assess an estate tax liability within three years after the filing date (or due date, if later) of the estate tax return. When a false or fraudulent return has been filed with the intent to evade tax, the tax may be assessed at any time.Jun 14, 2021

How do you survive a tax audit?

Checklist: How to Survive a Tax AuditDelay the audit. Postponing the audit usually works to your advantage. ... Don't host the audit. Keep the IRS from holding the audit at your business or home. ... Have realistic expectations. ... Be brief. ... Don't offer other years' returns. ... Reconstruct records. ... Negotiate. ... Know your rights.More items...

Can I request an audit from the IRS?

The IRS manages audits either by mail or through an in-person interview to review your records. ... If you have too many books or records to mail, you can request a face-to-face audit. The IRS will provide contact information and instructions in the letter you receive.Jun 2, 2021

What are the red flags for IRS audit?

17 Red Flags for IRS AuditorsMaking a Lot of Money. ... Failing to Report All Taxable Income. ... Taking Higher-than-Average Deductions. ... Running a Small Business. ... Taking Large Charitable Deductions. ... Claiming Rental Losses. ... Taking an Alimony Deduction. ... Writing Off a Loss for a Hobby.More items...

What happens if you get audited and made a mistake?

negligence. ... If the IRS finds that you were negligent in making a mistake on your tax return, then it can assess a 20% penalty on top of the tax you owe as a result of the audit. This additional penalty is intended to encourage taxpayers to take ordinary care in preparing their tax returns.May 22, 2016

What to do when you are being audited by the IRS?

How to address an IRS auditUnderstand the scope of the tax audit. ... Prepare your responses to IRS questions. ... Respond to IRS requests for information/documents on time, and advocate your tax return positions. ... If you disagree with the results, appeal to the appropriate venue.

How far back can the IRS audit a deceased person?

six yearsBecause the IRS can audit a deceased person's returns for up to six years after they are filed, it expects you to retain tax documentation that it might need to settle any monetary or legal issues that arise during the proceedings.Oct 25, 2017

What percentage of estate tax returns are audited?

Estate, gift and other tax returns had an average overall audit rate of just . 44 percent last year; but for estates over $10 million, the rate jumped to 31 percent.Jun 27, 2019

How do I close an estate with the IRS?

For those who wish to continue to receive estate tax closing letters, estates and their authorized representatives may call the IRS at (866) 699-4083 to request an estate tax closing letter no earlier than four months after the filing of the estate tax return.

What Do You Need to Know About Audits?

First, a bit of basic housekeeping. It’s hard to weather an audit if you don’t actually know what the process entails. An audit, in simple terms, i...

How Does the IRS Decide Who to Audit?

The IRS doesn’t conduct audits at random. Quite the opposite, in fact. When you file your return, the IRS checks the information in your return aga...

Why was My Return Selected for an Audit?

If your return was selected for an audit and it reaches the stage where an auditor reaches out to you, you can be sure that the audit is not random...

How Long Can the IRS Wait Before Auditing?

In general, the IRS can wait three years before auditing you. However, there are exceptions to the rule. The original three-year time limit can dou...

Does Your Tax Attorney have Proper IRS Credentials?

Is this tax lawyer an IRS Licensed Practitioner? Are they authorized to represent you in IRS tax matters like audits, payment/collection issues, and appeals? Check the official IRS Directory of properly credentialed tax lawyers and other tax professionals in your area.

How Much Experience does Your Tax Attorney Have?

How many years has this tax lawyer been in practice? What kind of experience do they have dealing with YOUR specific tax problem? How successfully has this tax lawyer represented clients with income tax problems like yours?

Does Your Tax Attorney Concentrate on Tax Law?

Professional focus should be a major consideration in selecting a tax lawyer. There is a difference between a Tax Attorney, and a lawyer who does tax law in addition to family law, real estate law, etc. Whatever your IRS tax problem, hire a lawyer who:

Contact a Tax Attorney at IRS Away Today

IRS Away is here to answer questions like these, and others. We have the credentials, the experience, and the track record of success to handle IRS tax problems like yours, AND give you peace of mind! If you live in or around Columbia SC and are experiencing income tax problems, help is nearby. Contact tax lawyer Joseph M.

What are some examples of internal inconsistencies?

Examples of internal inconsistencies that can be found on the face of an estate tax return include the following: the will specifically bequeaths certain property, but that property is not reported on the estate tax return; a deduction for real estate taxes is taken on Schedule K of the Form 706, but no real estate is reported on the return;

How much estate tax was audited in 2014?

About nine percent of the estate tax returns reporting gross estates of $5 million or more were audited by the IRS during 2014. And the bigger the estate the more likely the audit. In addition, many state revenue agencies have their own team of auditors and actually audit a substantially higher percentage of returns than the IRS.

Can an estate be audited?

But estate tax returns with controversial or technical issues may be audited regardless of how well the returns are prepared. Here is a list of common estate tax audit triggers; where possible, avoid the triggers as audits can become an expensive part of settling an estate.

How to build an estate plan?

When building an estate plan, you may have a variety of concerns, including the following: 1 Maintaining an orderly administration of assets while you are living 2 Managing estate assets flexibly while you are living 3 Reviewing estates involving tenants in common or community property 4 Considering assets in multiple states 5 Examining small business assets 6 Naming your children’s legal guardian 7 Ensuring that your heirs and loved ones receive your assets 8 Helping to reduce or avoid conflicts and confusion 9 Minimizing legal expenses and taxes 10 Assessing wealth preservation

Why is it important to have an estate plan?

It's important to have a solid estate plan in place to ensure that your loved ones receive your assets without a hassle or undue delay after your death. There are many questions you should ask prospective estate-planning attorneys before hiring one to craft your estate plan. Above all, make sure you hire an attorney who demonstrates ...

Can a lawyer draw up a will?

Although any lawyer can draw up a simple will for straightforward situations, such as naming the beneficiary of one's 401 (k), seasoned trust-and-estate lawyers can help navigate more complicated situations involving several trusts and multiple heirs. 1:21.

How long does it take to get audited for estate tax?

The taxpayer and his or her representative should do the same. The goal is to complete an audit, if possible, within 18 months of filing. There is a three-year statute of limitations on estate tax returns that cannot be extended, so if additional tax must be assessed, it will be done during that period.

How long does it take to get a tax assessment?

If the taxpayer has not responded after 30 days, a statutory notice of tax assessment will be issued, which gives the taxpayer 90 days from the notice date to take action. The taxpayer can file a Tax Court petition to protest the deficiency without paying the tax.

Is valuation an art?

Clients should understand that valuation is an art, not a science, and it is expensive in time and money to have dueling valuation experts. IRS attorneys are using more precise methods, internal-valuation engineers and valuation specialists, as well as outside critiques and appraisals.

What is tax lawyer?

The other type of tax lawyer defends individuals and businesses against audits, investigations, or legal actions by the IRS or state tax agencies. This is the kind of lawyer you hire when you have tax debt problems. They may negotiate your tax debt or other issues with a government agency, find ways of settling your tax debt, ...

What does a tax attorney do?

They may negotiate your tax debt or other issues with a government agency, find ways of settling your tax debt, advise you about how best to respond to an investigation, defend you in court, and more. They also handle communications with the government for you.

What is retainer fee?

Some charge an hourly rate; some charge a flat fee, and some ask for a retainer, which means you pay into a special account that the lawyer draws money out of as charges are incurred. Be sure also to ask whether there are separate charges for things like copies or an administrator's time.

Why Does It Take So Long?

  • A major complaint from practitioners is the time it takes to close an audit and get a closing letter. The initial delay is not the examiner’s fault. When estate or gift tax returns are filed, they go to the Cincinnati Service Center, where they are processed, given a document locater number and prepared for classification. Estate and Gift Tax staff review each return and select those most a…
See more on thetaxadviser.com

Be Respectful

  • A critical rule is to respect the auditor. Almost all are attorneys and are well experienced. It is fine to disagree, but the tax adviser should consider the examiner’s point and ask to review his or her support. If the auditor is truly wrong or impossible to get along with, the tax practitioner should request a conference with the manager. That is an appropriate way to get a second look at the …
See more on thetaxadviser.com

The Selection Process

  • Estate and gift tax returns are individually reviewed and are selected for unusual items, such as large family claims, charitable deductions not supported in the testamentary documents, questionable marital provisions, large deductions, missing documents or support, prior gift tax returns not reflected in the estate tax return, math errors and large discounts. Returns with speci…
See more on thetaxadviser.com

Flp and LLC Controversies

  • One target of audits is family limited partnerships (FLPs) and limited liability companies (LLCs). These entities are often used by clients who did not understand the ramifications or who demanded continued control, resulting in the IRS using Sec. 2036 to include the full value of the asset in the estate at date-of-death value. Clients who use this approach should have a good bu…
See more on thetaxadviser.com

Issues to Expect

  • If a client’s return is selected for audit, what will the auditor want to know? Many of the issues can be anticipated from previous court decisions: 1. Review of the decedent’s background, lifestyle, gifts and assets; see Est. of Harper, TC Memo 2002-121; Est. of Abraham, TC Memo 2004-39, aff’d, 408 F3d 26 (1st Cir. 2005); and Est. of Rosen, TC Memo 2006-115. 2. Information about do…
See more on thetaxadviser.com

Penalties

  • Recent emphasis has been put on the assessment of appropriate penalties by Service personnel. The applicability of an accuracy-related penalty was discussed in the IRS Appeals Discount Settlement Guidelines, which indicated that penalties must be considered on their own merits and that it is never appropriate to “trade” any amount of an appropriate penalty for a taxpayer’s conc…
See more on thetaxadviser.com

What If No Agreement Is reached?

  • The estate and gift tax auditor will come up with a report; if the taxpayer does not agree, a meeting with the manager can be requested. If an agreement is still not reached, Estate and Gift will send a 30-day letter, which gives the taxpayer the option to agree or to request a conference with Appeals staff. If the taxpayer has not responded after 30 days, a statutory notice of tax ass…
See more on thetaxadviser.com