| IRS Representation |
| During our years of experience dealing with many taxing authorities, we have achieved a level of competence that can ensure our clients they are being properly represented before the various federal and state tax agencies. Most of our clients never meet with the IRS or state tax agencies while we handle their problems. It pays to handle tax problems early as delays can result in tax liens, garnishments, or even criminal charges.
We represent our clients in the following types of tax disputes: - IRS Audits - IRS Collections Actions - Offers in Compromise - Non-filer Status - Tax Shelters - United States Tax Court
We have represented out clients with regard to civil and criminal tax fraud, tax evasion, failure to file tax returns, filing false tax returns, tax liens, tax levies, tax seizures, subordination of tax liens, and many other areas. We have represented our clients at the appeals level and in the United States Tax Court and United States District Court. We will work with your tax preparer if necessary. However, it is usually not enough for your tax preparer to solely represent you before the IRS. They usually have a conflict of interest in trying to defend the return they prepared and they do not know all of the legal consequences of their representation. Further, they do not have full attorney/client privege when they communicate with you and work on your case. Without attorney/client privilege your accountant could become the star witness for the government.
If you have an IRS problem we recommend that you contact our office immediately to get an experienced tax attorney working for you. Contact us today for a consultation. You can submit any questions you may have through our questions box at the top right corner throughout this site. |
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| United State Tax Court Representation |
| If you have received a Statutory Notice of Deficiency (90 Day Letter), Mr. Lively can file a petition and preserve your rights in the United States Tax Court. It is imperative that you contact a qualified tax attorney immediately if you receive a Staturory Notice of Deficiency, because once the 90 days has expired you can no longer file a petition in the United States Tax Court. You must then pay the tax and sue for a refund in the United States District Court of Court of Claims. |
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| IRS and FTB Audit Representation |
| Mr. Lively personally represents clients that are being audited by the IRS or FTB. If you receive an audit notice, contact Mr. Lively prior to any contact with the IRS or FTB. Often, the initial telephone call with the government agent will set the stage for the remainder of the audit. Mr. Lively will personally review your audit notice, and tax returns in question. Then he will develop a strategy to minimize your exposure. Communications with Mr. Lively are protected by the attorney/client privilege. |
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| IRS and FTB Administrative Appeal Representation |
| If you have received an unfavorable result at the audit level with the IRS or FTB, Mr. Lively can represent you in an administrative appeal. Mr. Lively will throughly review your audit results and develop a strategy to present your case to Appeals, if necessary. Communications with Mr. Lively are protected by the Attorney/client privilege. |
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| Civil Litigation Against the IRS and FTB |
| If necessary, Mr. Lively can represent you in tax litigation against the IRS and/or FTB. If you are involved in tax litigation you need a tax attorney to represent you, and preferably a certified tax specialist. This can be complicated litigation and requires the services of an expert in taxation. |
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| Taxpayers with Collection Problems |
| If you owe taxes, but cannot pay the amount that is due, Mr. Lively can negotiate a payment plan to allow you to pay your taxes over time. |
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| Offer in Compromise |
| You may qualify to pay the IRS and/or FTB less than you actually owe through the Offer in Compromise program. In recent years the IRS and FTB have become conservative if their approach to offers, but in the right circumstances this is still an effective tax resolution tool. Mr. Lively can review your particular situation and determine whether you are a good candidate for the program. |
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| Innocent Spouse Claims |
| If you are a spouse that is assessed a tax liability based on something your spouse did on a joint tax return, you may qualify for innocent spouse relief. Mr. Lively can review your particular situation and determine if you will potentially qualify for this claim. |
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| Responsible Person Liability in Payroll Matters |
| If the IRS claims that you are a "responsible person" in a payroll tax matter, you may be responsible for paying payroll taxes. Mr. Lively will personally assess your situation and determine the strategy for your defense. |
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| Voluntary Compliance |
| If you have a previously filed tax return that you would like to correct. A common example would be unreported off-shore accounts. We can amend your tax return and have you voluntarily comply. In many instances we can use your voluntary filing to mitigate your possible criminal responsibility. |
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| Tax Planning and for Bankruptcies |
| Tax debt can possibly be relieved by filing for Bankruptcy. However, your situation should be carefully reviewed by a tax attorney before this decision is made. Mr. Lively is not a bankruptcy attorney and does not file petitions with the Bankruptcy Court, but he does review your tax situation to determine the dischargability of your tax debts. Mr. Lively will then issue a written legal opinion as to the dischargability of your tax debts to be used by your bankruptcy attorney. |
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| Representation of Targets in Criminal Tax Investigations |
| Mr. Lively can represent you if you believe you are the target of a criminal tax investigation. If you believe you are a target, this is a serious matter and you need the representation of a tax attorney immediately. Mr. Lively can represent you in this matter. Do not talk to the tax investigators until you have hired an attorney. What ever you say to the investigators "can and will be used against you in a court of law." Exercise your Fifth Amendment Rights and say nothing until you have counsel. |
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| Tax Services |
| We prefer to take a proactive vs. reactive approach to tax services. By keeping current on new tax laws and legislation, we are in a position to identify key tax planning opportunities that minimize both your current and future tax liabilities. We provide our individual and business clients with the taxation expertise and knowledge that they deserve throughout the year. Tax services offered include but are not limited to:
*Tax planning & return preparation
- Individuals
- Corporations
- Partnerships
- LLCs/LLPs
- Estates, trusts & gift
- Not-for-profit organizations
*Taxing authority representation
*Divorce and support issues
*Tax effects of buying/selling a business |
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| Tax Planning & Preparation |
| Tax planning and preparation form a winning combination for our successful individual and business clients. We prefer to take a proactive rather than a reactive approach to tax services. We keep current on the tax law, and we are in a position to identify key tax planning opportunities that minimize both your current and future tax liabilities. Whether you are an individual or a multi-tiered partnership, our experienced staff can develop tax strategies that take advantage of new tax laws and legislation.
Tax services offered include, but are not limited to:
- Tax Planning and Return Preparation
- Individuals
- Corporations
- Partnerships
- LLC's/LLP's
- Estates, trusts & Gift
- Taxing Authority Representation (See IRS Representation Section)
- Tax Effects of Buying/Selling a Business |
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| Estate & Trust Tax Preparation |
| Effective estate and gift planning facilitates the orderly transfer of assets to your beneficiaries, provides security for your surviving spouse, and can reduce or eliminate the tax due on the transfer of your business and other assets. For business owners, providing for business continuity and succession of ownership is essential. We can guide you through the complex process of getting your financial affairs in order. |
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| Business Entity Formation |
| Once we have assisted you with the choice of entity, we can prepare and file the necessary documents and ensure that the various entities that you choose are coordinated with your overall goals and objectives. |
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| Business Entity Selection |
| Choosing the form of entity of your business (e.g. "S" corporation, sole proprietor, limited liability company…) is a crucial decision that can have longstanding tax implications, positive or negative. We can assist you in evaluating the pros and cons of each entity type to help you determine the most advantageous form of business for your company. |
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| Estate Planning |
| Effective estate planning facilitates the orderly transfer of assets to your beneficiaries, provides security for your surviving spouse, and can reduce or eliminate the tax due on the transfer of your business and other assets. For business owners, providing for business continuity and succession of ownership is essential. We can guide you through the complex process of getting your financial affairs in order. |
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| Asset Protection |
| Asset protection, or wealth preservation, plan makes the enforcement of judgements against protected assets nearly impossible and allows the owner of protected assets to retain substantial control over these assets. Our firm can assist you with an asset protection plan that may include family limited partnerships, or offshore trusts. |
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| Expert Witness Services |
| Pending or existing litigation can result in the need for a qualified professional to present his/her opinion to support or oppose evidence submitted to the court. Our level of competence allows us the opportunity to function as expert witnesses in such cases. |
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| Notary Public |
| Bring us your important documents to notarize. |
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