JANUARY 2019: A new client who invested in a New York restaurant eight years ago was assessed with over $100,000 of its unpaid taxes, even though she had lived in Georgia for the last five years, and even though she was a passive investor who had no contact with management and never received a dollar of profits. Although New York law allows such an unfair assessment, our research discovered an exception, and we were able to get her tax bill in N.Y. down to $1400!!
NOVEMBER 2018: I was exhilarated today to go into an IRS Appeals conference with a client to contest a proposed assessment of over $700,000. The reason is that after three hours with the agent, we closed out the case with the client only owing $610.00!! This again shows that an initial IRS assessment might only be an opening offer.
NOVEMBER 2018: This has to be a record: we have been dealing with the IRS for 4 ½ years on behalf of a client to finally get him an Installment Payment Agreement. It certainly was not easy for anyone, but the payment is in an amount that the client is very happy with. More importantly, in the meantime, the client’s tax bill was reduced by over $80,000 due to the passing of the statute of limitations on collection.
OCTOBER 2018: It’s not an everyday occurrence that a client’s gratitude touches my heart. A new client, with a poor grasp of English but who owned a business for five years, came in with a Georgia Department of Revenue penalty of $47,000. And this was on a tax underpayment of only $500 per year for five years. I filed an appeal and quickly got the amount reduced to $4700, where it should be. The gratified client told me that he and his family could finally sleep because I had saved his life.
SEPTEMBER 2018: We just saved a client over $300,000 in a case we had to take to Tax Court. I’ll give credit to the client—they had good records. We also were lucky enough to have intelligent and competent IRS agents and attorneys on the other side.
AUGUST 2018: Our client from North Georgia was assessed over $175,000 by the Georgia Department of Revenue. He claimed not only could he not pay it, but that he felt he could not possibly owe that much. It turns out that he was audited by the IRS, and in turn, Georgia, but he did not receive proper notice of the audit. Of course, the government disallowed all deductions and taxed him. We challenged this with the Department of Revenue, and they agreed with the lack of proper notice and procedure, and reduced the client’s tax bill down to $1000!
JULY 2018: 2017 was not a good year for Mr. H. His wife died in January. Five months later he got an assessment notice from the IRS that he and his wife jointly owed over $60,000 in back taxes. Because Mr. H. had withholding from his paycheck, and his wife always took care of bills and paperwork, he was shocked. He brought his story, and paperwork, to us, and we filed a petition in the Tax Court asking for the Court to rescind the assessment based on the Innocent Spouse defense. Our petition and negotiations were successful, as we today signed paperwork from the Court concluding that Mr. H owes nothing. He is having a much better year in 2018.
JUNE 2018: We have been seeing an increasing number of clients who have received notifications that their passports may be revoked or denied because they owe the IRS more than $50,000. This can cause a major disruption in business and vacation travel plans. The IRS has so far been woefully incompetent in dealing with us in resolving individual client issues. We will keep you informed as we gain more experience with this unfair new law.
MAY 2018: Our client owed the IRS $350,000, and we offered them $40,000 to settle in full. The IRS rejected the Offer, claiming that the client could eventually pay over $1.6 Million! Two phone calls and one fax from me, and the IRS changed their calculations and accepted a $54,000 Offer in Compromise! The client viewed It as a lesson in Perseverance.
APRIL 2018: Using a new Georgia law just enacted last fall, I was thrilled recently to get a client’s $98,000 tax bill to the State of Georgia reduced down to $15! This was a fairly unusual situation, and only older tax debts can take advantage of the new law.
APRIL 2018: A client of mine for a long time, who owes the IRS in the six-figure range, had a great day this week. Because of his health issues, I was able to get him and his wife placed into Currently Not Collectible status with the Internal Revenue Service. This means that despite their high balance due, they will have to pay nothing on the arrearage for the next few years.
MARCH 2018: An Atlanta small business with about 20 employees was assessed a $105,000 penalty by the Internal Revenue Service for what they believed was the client’s failure to turn in certain forms. Although this does not happen every day, I was able to convince the IRS that it was their own mistake, and got the penalty reduced all the way down to $4000.
March 2018: The IRS program for those with undisclosed foreign or offshore assets will soon be terminated. Call me to discuss the details. Click HERE for the IRS News Release.
February 2018: Utilizing our experience with certain employees of the Internal Revenue Service, and our knowledge of the intricacies of the statute of limitations, we just saved one client over $100,000.
January 2018: Bitcoin investors take note: if you make money on your digital currency transactions, you will owe tax on it! Your anonymity is short-lived. Be sure to read this New York Times article which clearly explains why you should not risk a charge of tax fraud.
January 2018: After several months of wrangling with a high-dollar Tax Court case that was referred by an accounting firm, all it took was a long sitdown with the IRS attorney to resolve the case completely in our client’s favor, with no tax due.
December 2017: I am so happy to announce my move to the Bomar Law Firm in the Atlanta Galleria. This firm is young and accomplished, and specializes in tax controversy and tax issues. I look forward to utilizing their combined expertise and contributing to their team.
NOVEMBER 28, 2017: We were hired by several new clients this year who are tax return preparers being audited or investigated by the IRS and the Georgia Department of Revenue. There are so many areas where return preparers, whether they are a CPA or not, can make errors on their clients’ returns, which will cause them to be assessed a variety of penalties. Any tax return preparer who is contacted by the Internal Revenue Service about an investigation, or who sees many of their own clients getting audited, should seek a consultation with a tax attorney to determine if they have any penalty exposure.
NOVEMBER 17, 2017: A client that owed a large amount to the Internal Revenue Service was very relieved when I was able to inform him that I convinced the IRS that the statute of limitations on its tax bill had expired, and that the IRS would no longer be able to collect anything. We always look at using the statute of limitations for a client’s benefit when the situation allows for it.
AUGUST 2017: Mr. Cohen was chosen to serve on the Executive Committee of the Taxation Section of the Georgia State Bar. This organization deals with tax related seminars, education and legislation for Georgia attorneys.
AUGUST 2017: The IRS audited a client, and initially denied his charitable deductions because he did not have the cancelled check (the client only had carbon copies of the checks he wrote.) It was easy for us to prove, and convince the IRS Appeals Office, that the charity indeed received the contribution, and the client should get full credit for the donations. This was a nice, and proper, victory.
JULY 2017: A client who came to us last year had won a million dollar lottery! Unfortunately, they spent it all, and now had a six figure tax bill to deal with. Using the often abused Offer in Compromise technique, we are happy to report that we just settled their case with the Internal Revenue Service for a little over $9000. This is a terrific result for an elderly couple.
JUNE 2017: The three major credit reporting agencies will soon make changes in their credit report practices that will make many of our clients happy. Most people with tax liens from either the Internal Revenue Service or the Department of Revenue know how it shows up on their credit reports and sometimes hurts their efforts to get loans or jobs. Because of the many lawsuits against them in recent years, the agencies will now significantly reduce the number of liens that will show up on the reports, and taxpayers should eventually notice the change, and hopefully experience a benefit. – N.Y. Times Article
MAY 2017: We just completed an IRS appeal for a client, and he is, in his own words, ecstatic. The Internal Revenue Service had audited him and his business, and he came to us with a proposed assessment in excess of $360,000. We did a bit of tax research, and prepared a formal appeal. After a bit of negotiation with the Appeals Officer downtown, the IRS essentially agreed with our positions, and the tax bill was reduced to $25,000. As I often tell clients, the initial position of the IRS is not always correct.
APRIL 2017: As we mentioned in our February posting, the Internal Revenue Service has now started sending out taxpayer accounts to debt collection agencies. Yes, those same people that harass you when your credit card or car payments are late. In a recent NEW YORK TIMES ARTICLE, it is explained why this is such a bad idea on the part of our government. Please contact us rather than attempting to discuss your private tax issues with any collection agency. These people do not know tax law, and are receiving a percentage of what you pay on your back taxes.
MARCH 2017: The Georgia Department of Revenue recently tried to force a small tax return preparer out of business. Using a tiny sampling of less than 1% of her filed returns, they sued in court for an injunction, which would have put her out of business. We were thrilled when the court accepted our argument that the DOR did not even come close to proving that our client had any intention at all to defraud the State of any taxes. Although the Internal Revenue Service will occasionally go after return preparers, this is the first case we have had which was initiated by the Georgia DOR.
FEBRUARY 2017: The Internal Revenue Service has been authorized by Congress, and will soon start using private debt collection agencies to collect past due tax that the IRS has been unable or too understaffed to reach. Different procedures will apply to these collection agencies, and we expect scam artists to try to take advantage of taxpayers again. Please contact us if a debt collector (or the IRS, of course) calls or writes you concerning past due taxes. There are certain ways in which we will handle the collection agencies which may differ from how we might deal with true IRS Collection Division employees.
DECEMBER 2016: Almost two years since we submitted a client’s package to the IRS to get them relieved of criminal and penalty liability for their foreign bank accounts, the IRS accepted them into the OVDP program, and agreed with our asset valuation in its entirety! The agent actually told me that this was one of the few OVDP cases he had ever handled where he accepted it without requesting additional money and documents.
DECEMBER 2016: We were ecstatic to get some great news on an IRS case this week. We had put together a detailed package challenging an IRS assessment on a business owner for tax periods in 2004 through 2007. The challenge was based on many technical issues, and the IRS fought back for several months, but the bottom line is the client saved $679,000!
OCTOBER 2016: The IRS attempted to assess the wife of the owner of a local company with over $100,000 in withholding taxes that the company had not paid. We had to take the case all the way up to the Appeals Division to convince the IRS that their assessment was wrong, and that the wife had no responsibility for or control over her husband’s company’s finances.
OCTOBER 2016: The month is starting off particularly well for two of our clients. One who owed over $800,000 will only have to pay $3600 to clear his tax debt and get his liens released. The other, after an IRS Appeals hearing, will pay $3999 as an Offer in Compromise on a $71,000 tax bill. These two cases are not the norm, but prove that there is always hope to work things out.
AUGUST 2016: Yesterday I set a new lifetime record for the quickest IRS Appeals Hearing ever. My client and I were in and out of the hearing officer’s conference room in five minutes, with the IRS conceding that their $125,000 proposed assessment against my client could not stand. We were of course well prepared to present our case, and had supplied the hearing officer with our documents and research in advance.
AUGUST 2016: Another extremely happy client had his case resolved today. He came to us a year ago with an IRS assessment of $119,000 for three years. We filed a Tax Court petition, and settled it with the client owing only about $300! Fortunately for this client, when the IRS asked for records and receipts, we had them.
JULY 2016: Well over a year ago we settled a case in Tax Court for an “innocent spouse” who agreed to pay $30,000, leaving her ex-husband to pay the remaining $150,000. The IRS mistakenly billed her $52,000 instead of $30,000, and then took all $52,000 when she sold her house. After a very frustrating and exasperating year of my attempting to deal with a nonresponsive, understaffed IRS bureaucracy, our client has finally received a refund of $17,000 (although no apology was attached!)
JUNE 2016: We have an extremely happy new client who owed almost $300,000 in past due sales taxes. Mr. Cohen spent a few days gathering background documents and speaking with Department of Revenue representatives. After picking apart the true balance due and discussing eligibility for penalty abatements, we were able to negotiate a payment of $80,000 to pay off the client’s account in full.
MAY 2016: Two more clients in the past two weeks were extremely happy to have had their cases put into Currently Not Collectible status with the IRS. Even though they still owe the past due tax, the IRS will not be demanding or looking for any payments for an indefinite time. It was our job in these cases to convince the IRS that the clients simply did not have the funds to pay the back taxes while also paying their normal living expenses.
APRIL 2016: Despite published numbers showing that IRS audits are down this year, we are seeing an increasing frequency of problematic audit cases. Many of these are cases where the original accountant did a questionable job or is no longer around. Some are returns that were prepared by the taxpayer himself or the business itself, or without good accounting advice. Although we do not prepare returns, we are defending taxpayers against Internal Revenue Service proposed assessments that suggest there was unreported cash, or underreported income, or unsubstantiated or even fraudulent deductions. This is always a challenge, and the IRS appears to be getting better at detecting which tax returns will yield the most back taxes in an audit.
APRIL 2016: We recently settled a Tax Court case of the eve of trial. The IRS originally assessed the client with over $300,000 in tax. Some of this was due to the client filing a very late return, and much of it was due to the complexity of the return. When we couldn’t get anyone at the IRS to agree with our position, we put the necessary pressure on the IRS attorneys, and were able to close the case with the correct resolution, and the client owed nothing!
FEBRUARY 2016: A client was thrilled earlier this week when we negotiated a payment agreement that will save her in excess of $400,000. After years of working on this case, we were able to utilize the statute of limitations on tax collections to our advantage, and the IRS will soon be out of the client’s life.
JANUARY 2016: Poor customer service at the Internal Revenue Service is a given, and it is approaching unacceptable levels. It is no secret that I blame Congress for all of these problems. Click here for a link to a New York Times article describing some recent developments and challenges being experienced by the IRS and taxpayers. – NY TIMES Article
NOVEMBER 2015: In the past few weeks, we have settled two separate Tax Court cases with the clients each ending up owing nothing to the IRS. This is further proof that if you have a good case, it is worth pursuing. Even if the IRS continues to be understaffed and frustrating to deal with, they have attorneys who are reasonable and cooperative when a case is handled correctly.
OCTOBER 2015: One of our clients has brought to our attention what must be the latest IRS impersonation scam. Most of us have heard about the intimidating and threatening phone calls from criminals who threaten to have the call recipient arrested if they do not send money electronically within a few hours. Now we have discovered a somewhat different version, in which the scammer sends a letter to a taxpayer who has a recorded tax lien, demanding the taxpayer call them. If a person is not familiar with IRS notices and forms, this threatening letter certainly looks official. I of course called the number, and the cheesy, boiler room atmosphere was easy to detect. Lesson to all: do not deal with the IRS or Department of Revenue on your own.
SEPTEMBER 2015: Did you know that a husband or wife can petition the Internal Revenue Service for Innocent Spouse status while still married? Although the great majority of these cases involve a divorced couple, a spouse who had no knowledge of or participation in a transaction of the other spouse that results in unpaid tax can get this type of relief. We have also just discovered a way to formally request it while a Tax Court case is ongoing. Please call us if you think that you or your spouse might be in such a situation.
JULY 2015: We had a very successful resolution of a complex employment tax audit last week. The client, who had two S corporations, was assessed over $140,000 by the examining agent. The client retained us to file an appeal, and we also attended the appeals hearing. At the hearing, we settled the case, and the client will pay a total of less than $10,000 for both corporations.
JUNE 2015: We were recently successful in getting the Internal Revenue Service to place another client into “Currently Not Collectible” status. Although he owes in excess of $100,000, the client will not need to make any payments for the indefinite future, and will not have to worry about the IRS seizing his bank accounts or salary. This is a perfect resolution for a person or business that cannot pay back taxes, but, for one reason or another, does not qualify for an Offer in Compromise.
MAY 2015: This has been a big week for our firm and a couple of our clients. Mr. Cohen secured releases of two IRS levies totaling in excess of $1 million in the past two days. Although the two cases are very different, the key is to understand what the IRS is unhappy with, if possible, and to convince them that the client will be very cooperative in the future.
April 2015: We have recently placed another Atlanta client into the IRS’ OVDP program for foreign bank accounts. There are several variations of participation in the program, which is geared toward giving the taxpayer assurance that he will not be criminally prosecuted for failure to disclose foreign or offshore bank accounts and assets. Although the IRS is understaffed in many departments, they continue to emphasize their intention to put long term FBAR non-filers into jail. Anyone with a foreign bank account having a balance over $10,000 needs to know their options and reporting obligations at this point.
MARCH 2015: Using a legal argument based on the statute of limitations, Mr. Cohen was able to save a client over $145,000. Because the IRS attempted to assess the Trust Fund Recovery Penalty against the owner of a business more than three years after the business’ employment tax returns were filed, we successfully argued that the assessment was too late.
FEBRUARY 2015: So far this year, Mr. Cohen has secured “Currently Not Collectible” status for three clients. This is a resolution of a tax case where the IRS agrees that the taxpayer cannot afford monthly payments, and agrees that despite how much the taxpayer/client owes in back taxes, they will leave him or it alone and stop collection efforts for a few years. This gives the client breathing room, and comfort that their business, assets, and wages will not be seized. Although it is not easy to get into this category with the IRS, if the numbers and financial statement support it, the monthly payment can be brought down to zero.
NOVEMBER 2014: Over a year ago the Georgia Department of Revenue seized (yes, they simply took the money!) over $300,000 from our client’s investment account. She was a widow, and the money had been owed by her late husband’s business. When the Department refused to listen to our argument that our client had nothing to do with it, our firm filed a lawsuit on her behalf against the Department of Revenue. Just before going to a full trial, Mr. Cohen and a firm partner negotiated a settlement with the State of Georgia in which they gave half of the money back to our client.
SEPTEMBER 2014: In another Innocent Spouse case in which the Internal Revenue Service wanted almost $200,000, Mr. Cohen successfully negotiated a Tax Court settlement of $30,000 for the ex-wife. In this case the ex-wife client did sign the tax return, but we were able to prove that she was unaware of many of the items of unreported income and unsubstantiated deductions.
JULY 2014: We just finished up an audit of a business by the IRS. Because the client was able to retrieve a large volume of its records and banks statements, and we got them in very good order for the Revenue Agent, the IRS conceded 90 percent of the proposed tax. Not every audit of businesses and individuals has such good results (although we have on occasion secured additional refunds when the records are available), but taxpayers should not fear a letter from the IRS telling them that their return has been selected for examination.
MAY 2014: Mr. Cohen conducted a full Tax Court trial against the Internal Revenue Service in an Innocent Spouse case. Our client was abused by the ex-spouse, left the house, and never even signed a tax return. The IRS never relented, and the client decided to have her day in court. The judge held that indeed no joint return was filed, and the client therefore was not liable for the large amount her ex-husband owed from his tax return. The lesson in this case, as in so many, is that just because the IRS takes a position, and sticks to it, does not mean they are right.
October 2013: As the government shutdown finishes a second week, we are seeing and hearing of several tax related emergencies. One new client in particular had his wages levied by the IRS just before the shutdown, and there is literally nobody that we can call or fax to attempt to get the levy lifted. This is a process that can sometimes take as little as two days, yet this unfortunate man (who owes much less than the levy suggests he does) has to suffer because certain Congressmen are throwing an ego tantrum. The National Taxpayer Advocate is also out of work, so neither we, nor our Senatorial contact, has anyone to call on to break through the nightmare. The IRS put out a policy on not issuing levies during this “Lapse in Appropriations,” but they inexcusably omitted any authority to stop levies that were issued just beforehand. Please call our office if you are experiencing problems due to the shutdown, and we will try to advise you.
September 2013: When our firm represents clients in an IRS matter, we submit a power of attorney, and the IRS is required to contact us, rather than the taxpayer, whenever they need to discuss the matter. Not infrequently I find out that the Revenue Officer has either been sloppy or lazy, and has contacted the taxpayer/client rather than me. A recent IRS report has confirmed that this happens regularly, and that they may try to remedy their mistakes. As always, I recommend to our clients that they never talk to an IRS agent who calls or comes by their house or business they should just get their name and number, and tell the Revenue Officer to contact me!
August 2013: Audits are up and going higher! The IRS has long known that they make good money, and have a winning record, when they audit taxpayers. Now, in a recent IRS report, they have announced that they will increase their use of the Correspondence Audit. This type of audit is handled by mail, and can result in complications and injustice if not handled promptly and correctly. We recommend that any client or taxpayer receiving written notice of an examination from the IRS contact us in order to have us properly coordinate the response, and ensure that the IRS does not assess extra tax when it shouldn’t.
APRIL 2013: We just finished a Tax Court case in which our client won a 100 percent victory! The client operates two different businesses, and after an audit of two years the IRS assessed him with a very large tax bill. This was one of those rare cases where we were able to prove every single deduction, and found persuasive case law supporting our client’s deductions and timing issues. This case is also a wonderful example of a taxpayer keeping excellent records, and not giving up when the IRS wins the first round.
April 2013: The IRS has recently published its Delinquent Collection Activities statistics for 2012. For those of you who have recently filed, or plan to file, an Offer in Compromise, the news is good: the number of Offers last year which were accepted by the IRS increased over 2011 by 20 percent! As you may be aware, because of a change in regulations last year, our office has filed many more Offers than we have in years, and have experienced a significant increase in accepted Offers. This is encouraging, and we will continue to file Offers for clients who appear to be good candidates for this program. (Unlike the tax resolution companies that advertise incessantly on TV, we will only submit an Offer for you if you appear to qualify under the IRS formula.) Also in the statistics, the number of levies issued by the IRS on taxpayers’ employers and banks has decreased a bit. However, if you were one of the 3 million people who were subjected to one of these, it was not good news.
March 2013: So many people are shocked to learn that if one of their debts is cancelled or forgiven, it will be considered taxable income by the IRS. If your house is foreclosed, a credit card debt is reduced, or a business loan is uncollectible, the taxpayer may receive a Form 1099-C in the mail from the creditor. Although the cancelled amount must be reported as income, there are several exceptions which we can help clients take advantage of. The key is to contact us as soon as you receive notice of the debt cancellation income so we can determine if one of the exceptions can be used to help you avoid the tax. A recent article further explains how this surprising concept works.
JANUARY 2013: We are proud that we were able to negotiate a wonderful Offer in Compromise for one of our clients last week. On a debt that exceeded $70,000, the IRS finally accepted our offer of $1000. While such low settlements are very rare (the commercials we see on television are fictional) the Offer in Compromise program has been revamped, and we encourage anyone who thinks they may be a candidate for an Offer to call to discuss their situation.
January 2013: Do you believe that you have certain rights as a Taxpayer? Do you know what those rights are? If you are a client of our firm, you have surely learned that you indeed have legal rights, especially to appeal certain IRS actions. Even if the IRS does not seem to realize what the law is or act as though Taxpayers have rights, we continuously advocate for our clients’ interests when dealing with the IRS or Georgia Department of Revenue. This blog by the National Taxpayer Advocate shows that a large number of Taxpayers think they have few rights, and do not know what they are.
October 2012: We just completed a full trial in front of the U.S. Tax Court. It was an “Innocent Spouse” case in which our client was attempting to avoid liability for tax incurred by her former husband when he withdrew his IRA and put the funds into his failing business. Of course our client had voluntarily signed the original joint tax return when she was married and the funds were withdrawn, but didn’t think twice about what the future would hold for her marriage or for her financial and tax situations. Although the Tax Court may indeed overrule the IRS on the innocent spouse issue and relieve our client of liability, all taxpayers with shaky marriages or less-than-honest spouses should reconsider before signing joint income tax returns. Mr. Cohen would be happy to discuss this issue with you should you have doubts about a tax return that is put in front of you for your signature.
July 31 2012: A big victory for our firm against the Georgia Department of Revenue was announced last week! The Georgia Court of Appeals upheld our favorable ruling from the Fulton County Superior Court that our client was not liable for the Trust Fund Recovery Penalty. This case has been going on for over five years, as the Department of Revenue just did not want to concede that it was wrong in trying to collect unpaid withholding taxes from our client, a minority shareholder and manager of a restaurant. You can read the opinion here.
July 2012: The recently revised IRS Offer in Compromise program appears at first glance to be working. Mr. Cohen has just successfully appealed the denial of an Offer that was considered and rejected initially under the old IRS rules. Arguing on behalf of a client with a brain injury, he convinced the Appeals Office to accept the Offer due to reduced future earning capacity, as well as special circumstances. Although rare, this shows that an 8 percent Offer can be accepted if the circumstances fall within the new IRS guidelines. We continue, however, to be skeptical regarding Offers, and will file them for clients only when they have a good chance of succeeding
June 2012: It has been a wonderful month for a few of Mr. Cohen’s clients. One had an assessment of $85,000, and we petitioned for an audit reconsideration. After working with the IRS and producing a great deal of paperwork, the taxpayer actually is now due a refund of $31,000 for that year. Another client had a large tax bill, and a large penalty. We filed a penalty abatement request with the IRS, and they agreed to eliminate the $64,000 late filing penalty. Finally, a taxpayer came to us with a $1.2 million dollar assessment. We filed a Tax Court petition, and were successful in getting that year’s bill down to zero!
June 2012: Great news for all taxpayers who can’t pay their taxes, or who have had an Offer in Compromise rejected in the past. The IRS has recently revised its Offer in Compromise program to allow significantly more expenses to be deducted, and we have no doubt that it will increase the chance that reasonable offers will be accepted. The News Release allows new deductions such as state tax payments, student loan repayments, and certain credit card payments. It also greatly reduces the future income calculations, all of which will make it easier to agree on a lower, satisfactory compromise number. We have just submitted two offers under the new program, and eagerly await the results. Please call Mr. Cohen if you would like to discuss how the new Offer in Compromise program might benefit you.
May 2012: Mr. Cohen had a major victory in a Trust Fund Recovery Penalty case in the Atlanta area. The IRS had proposed a multi-million dollar civil penalty against a family member of a large business owner when the business fell far behind in its withholding taxes. Focusing on his client’s lack of ultimate control over the business finances, he was able to convince the Service that this particular case did not meet the requirements of the Internal Revenue Code and regulations for imposition of the penalty on her personally. All people who are associated with businesses that withhold taxes, especially people who sign checks and make any financial decisions, should be very careful, and seek counsel, if they believe that the business might have a tax issue.
April 2012: The U.S. Senate is now considering new legislation that would give tax attorneys one more tool to use in having business levies released. Although our firm has had great success in getting IRS levies on business bank accounts removed, it is typically a matter of absolute discretion with the IRS. If this legislation is passed, the IRS would be required to consider the economic hardship that the levy would impose upon the business. This type of information is already part of the consideration in the release of personal levies, and we will continue to employ every reasonable argument when representing businesses who are caught in the collection process.
March 2012: The IRS has announced a new expansion of its “Fresh Start” initiative, which will give taxpayers who want relief from collection efforts more options to fit into a payment plan or resolution of their problems. They will now consider relief from late payment penalties, and have eased the guidelines for qualifying for an Installment Agreement and Offer in Compromise. Please call Mr. Cohen to discuss how this initiative might make it easier for you to resolve your case.
March 2012: We have seen a growing number of audits by the IRS on returns which have overstated, fabricated deductions. In all cases, the taxpayer did not even know the return preparer had manufactured the numbers, and had simply been happy to get a refund. Our challenge in these cases is to prevent the fraud penalty from being asserted, and to get the fairest treatment possible for a taxpayer who did not know he was a victim of preparer fraud. Please choose your return preparers carefully, and call us if the numbers on your return seem too good to be true.
February 2012: Mr. Cohen was honored to be listed among Georgia’s Top Rated Lawyers in Taxation by the publishers of LexisNexis Martindale-Hubbell, based upon peer review ratings.
January 2012: Bad news for taxpayers, as well as those who don’t pay their taxes! The Internal Revenue Service annual report shows that the numer of audits were up again last year, as were the number of levies and seizures. The IRS believes that there is only approximately 85 percent compliance among American taxpayers, and is flexing its enforcement muscles as expected. Because of this noncompliance by taxpayers, the IRS believes there is a $450 Billion tax gap annually.
December 2011: Are you thinking about selling your business? Buying a business? Using a business broker? So many clients go through a complex learning process when considering the countless factors involved in acquiring or selling an existing business. A recent New York Times column lists several blogs and sources for good information to help business owners (and potential owners) make the right decision for them. Remember to contact Mr. Cohen prior to signing any type of letter of intent or purchase contract.
November 2011: Mr. Cohen recently secured the release of a salary and investment account levy from the IRS for $2.4 million in less than a week. He was able to convince the IRS to take other collateral, while offering proof that the client/Taxpayer owed only a fraction of what the IRS claimed. The Taxpayer now has his funds back, his reputation restored, and his account with the IRS is corrected and in good standing.
November 2011: We just successfully completed an Offer in Compromise for a client with the Georgia Department of Revenue. While this was a big relief for the client, who did settle for “pennies on the dollar,” we continue to be very skeptical in filing such Offers. The vast majority of IRS and Georgia Offers are rejected, and we remind clients that the television advertisements you constantly see are extremely misleading.
October 2011: Many businesses incorrectly treat their employees as independent contractors, or “1099 employees,” thereby avoiding paying certain social security taxes on their behalf. An audit by the IRS can result in painful penalties for such worker misclassification. In general, if your “contractors” work only for you or on your projects or at your direction, they likely should be treated for tax purposes as employees, and taxes withheld from their paychecks. The IRS has announced a new program allowing companies to change their worker classification and avoid most penalties and back taxes. Call us to discuss how your company might take advantage of the Voluntary Classification Settlement Program.
September 2011: IRS criminal investigations have significantly increased! A recent report shows that the Criminal Investigation Division began over 12 percent more investigations of taxpayers last year alone. The government’s conviction/incarceration rate remains at over 80 percent. Remember, do not speak with a Special Agent, and call our office at once if you are contacted by the Criminal Investigation Division.
August 2011: Good news for those taxpayers/clients who owe taxes to the Internal Revenue Service. The IRS has reduced the annual interest rate on back taxes down to three percent! Please remember, however, that the Georgia Department of Revenue does not let market conditions affect their interest rate on past due taxes: the Georgia interest rate remains at twelve percent.
July 2011: The Internal Revenue Service has loosened the restrictions for Innocent Spouse cases. No longer will our clients who want to be relieved of the tax liabilities of their former spouses be forced to file their Innocent Spouse claims within two years of the first IRS collection notice. Potential clients should of course contact us immediately if they feel something is not right with their spouse’s tax returns or financial dealings.
July 2011: The Fulton County Daily Report, the major legal newspaper for the Atlanta Metropolitan area, has published an article on our recent victory against the Georgia Department of Revenue.
June 2011: MAJOR NEWS FOR COHEN, COOPER, ESTEP & ALLEN: After a three year battle with the Georgia Department of Revenue, Mr. Cohen won a victory in Fulton County Superior Court. The judge held that the Georgia DOR may not assess the Trust Fund Recovery Penalty against our client who managed, but did not control, a restaurant. In addition to this being a major tax savings to our client, it showed that it is possible to successfully stand up to unfair collection tactics by the Government.
June 2011: For those who have foreign/offshore bank accounts and wish to get back into the system without criminal repercussions and huge civil penalties, the IRS has extended the August 31 deadline for the 2011 Offshore Voluntary Disclosure Initiative by thirty days. We have represented several people in successfully taking advantage of this limited time offer.
May 2011: The Innocent Spouse provisions of the tax code are sometimes the only way a divorced or widowed person can escape from the tax liabilities created by their divorced or deceased spouse. Many attorneys believe, however, that the IRS unfairly applies this law to make it too restrictive, thereby saddling truly “innocent” spouses with tax liabilities that they should not in all fairness have to pay. Several U.S. Senators have recently signed a letter to the IRS Commissioner asking that the IRS review its Innocent Spouse regulations. We of course remain hopeful that the Innocent Spouse rules will someday become easier to qualify under, and will continue to press hard to get relief for our clients using existing regulations.
May 2011: Beware of tax resolution companies. Countless clients of our firm have previously hired the firms they see advertising on television, only to be disappointed with their lack of professionalism and level of communication. A popular tax resolution company has just been successfully sued by the Texas Attorney General.
April 2011: The Internal Revenue Service has announced that audits of taxpayers are up this year. The Wall Street Journal on April 4 reported that audits were up significantly during the most recent fiscal year, especially for six-figure earners.
March 2011: Due to the fact that the Georgia Department of Revenue has garnished the wages and seized bank accounts of so many Georgians, and has not instituted a workable repayment program, Mr. Cohen recently wrote a letter to Georgia’s new Commissioner of Revenue, offering suggestions to make the program fair to Georgia taxpayers.
February 2011: The Internal Revenue Service has recently issued a new Offshore Voluntary Disclosure program. This will encourage taxpayers with foreign bank accounts to disclose the accounts, pay a penalty, and get back into the system without the fear of criminal prosecution. Please call Mr. Cohen to discuss how you can take advantage of this new program.