Do you need an attorney to represent you in an IRS audit?
Being audited by the IRS can be an intimidating experience. You may wonder if you need legal representation to navigate the complexities of the audit. While the IRS auditor may suggest that an attorney is unnecessary, it is your legal right to have one. An attorney’s expertise can be invaluable, offering a strategic advantage and ensuring your rights are protected throughout the process.
The Importance of Legal Representation:
Legal representation during an IRS audit isn’t just about having someone to review the numbers. It’s about understanding how those numbers are characterized and the legal implications that accompany them. An attorney’s role extends beyond mere calculations to include the analysis of legal issues that are often pivotal in an audit.
The Value of Attorney-Client Privilege:
One significant advantage of having an attorney is the attorney-client privilege. This ensures that your communications are protected and confidential, a level of security not afforded to other types of representatives like CPAs or enrolled agents.
“Even if it’s just you and a revenue agent, having an attorney present can provide attorney-client privilege, protecting your communications and contributing to a more favorable resolution.”
John Milikowsky, Milikowsky Tax Law
When Legal Representation Becomes Crucial:
If the IRS decides to escalate the process by involving their attorneys or requesting an in-person meeting, it’s a clear indication that you should seek legal counsel. This move signifies that the IRS is serious about the audit, and so should you be by having legal representation.
Beyond the Numbers:
Attorneys can also aid in navigating the subtleties of the audit, such as admissions you may inadvertently make or penalty abatements you may seek. They analyze the nuances of your case to advance towards a resolution that aligns with your best interests.
Awareness and preparation are your best defenses against an IRS audit. Having a tax attorney by your side can make a significant difference in the outcome of the audit process. If you’re facing an IRS audit and need guidance, Milikowsky Tax Law is equipped with the expertise to support and represent you.
