Archive for Audit

Don’t Get Cracked

In the Emmy award-winning “Regular Show” episode Eggscelent (see video below), Mordecai had to eat a 12-egg omelet in under an hour to win a funny-looking trucker hat for his good friend Rigby. Lawyers often face their own eggscelent challenge, but the stakes are quite a bit higher. My colleague Larry A. Campagna, who is a partner at a Houston law firm which represents people accused of financial crimes, introduced the concept of the “eggshell audit” in a series of articles first published in the summer of 2012. His tips for dealing with these situations are every bit as insightful today as they were two and a half years ago.

As a preliminary matter, an eggshell audit is an event at which the client and representative are aware of red flags that may draw the attention of government Read More

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How To Appeal An IRS Tax Audit

An IRS tax audit brings in its wake discontent and anger into the lives of taxpayers. The amount auditors impose may always seem wrongful or excessive. But believe me, there is a way out – appealing the IRS tax audit. For appealing, all you need is to approach the IRS Office of Appeals that has been created just for this purpose.

Take my word for it; most employees at the appeals office are former auditors with a good deal of either accounting or legal experience. They review the completed examination reports and then provide the opportunity for taxpayers to plead for a more favorable deal. They appeal to a power with greater authority in the IRS. The Office of Appeals avoids litigation since it resolves the tax disputes internally, which encourages taxpayers to stay compliant with the tax laws in the future. Read More

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IRS Agent Seduced Me, Then Didn’t Help Me With Audit, Oregon Man Claims

Vincent Burroughs who lives in Oregon was selected by the IRS for an audit of his tax returns. Little did he know that the IRS was going to clean him out in more ways than just his bank account.

Let me explain – maintaining a friendly but professional demeanor can be important to an audit or tax dispute. But having sex with a government agent for a better audit result – well not such a good idea. Yet a lawsuit involving an allegedly alluring—and demanding—female IRS agent suggests that sometimes facts and figures can become overwhelming. If you believe the plaintiff, Mr. Burroughs, passion it seems can overtake a tax audit. Read More

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Your Worst Nightmare: An IRS Audit

Your business is growing and you are prospering. Business is good. Life is good. Then the unbelievable happens, which turns your world upside down and pushes you into pure panic.

This panic mode is instantly brought on by receipt of an IRS audit letter.

Most of us don’t fear something exploding or catching on fire as much as we fear an IRS audit. Of course, the best way to survive a tax audit and even to come out of it successfully is not to panic, but to prepare.

Take it seriously.

Even though IRS audits are fairly routine events, they should be taken with the utmost Read More

Written by | Posted in Audit • Individual • IRS

Would Your Beauty Salon Business Survive An IRS Worker Classification Audit?

I do not know of any business owner who wants to be audited by the IRS or their state tax authority. Audits can be simply random as “decided” by the IRS computer, or they can be triggered by certain characteristics of your business operation, for example how you’ve classified independent contractors or employees (especially if they apply for unemployment insurance, worker’s compensation benefits, or even welfare).

Do You Operate A Beauty Salon?

Here are three key items the IRS and state tax authorities look for if you are an independent contractor or if you use them in your business.

1. Is there a lease between the independent contractor and the owner? Read More

Written by | Posted in Audit • IRS • Small Business

IRS Audit Letter – Jade’s Story

If the IRS asked to examine your business’ Federal Tax returns, would you survive the audit? For Jade Phuong who operates a nail salon, it was a nightmare that came very close to ending her business.

Before the IRS turned her world upside down, Jade already had beaten the odds as a small-business owner. Her nail salon had been operating more than eight years, a considerable accomplishment considering that most small businesses fail in less than three years. Living at home with her mother, Jade saved enough money to open her nail salon fresh out of nail school at age 25.

Despite a rocky start, Jade was able to build up her business and after a couple of years Read More

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Florida Motor Fuel Tax Audits On The Rise

Over the past few years the Florida Department of Revenue (“FDOR”) has launched several new campaigns. About 2 years ago, the DOR gained the ability to access the data tracking all tobacco and alcohol items sold to retailers. Armed with third party data, the FDOR did several thousands of audits on those that sold tobacco or alcohol items. With the downturn in the economy, times are tough for the State of Florida and they are launching a similar campaign against auto dealers using DMV records. It was also brought to our attention that the DOR is launching a new campaign by training its auditors for motor fuel tax audits as well.

Has the FDOR reached out to your company or your client’s company about a pending Florida Motor Audit? If you or your client already received the Florida Form DR-840 – Notice Read More

Written by | Posted in Audit • Tax Controversy

Taxpayers Rights When Audited By Tax Authorities In South Africa (Chapter 7.7) Final Post

Posted in sections, this is my Doctoral Thesis on taxpayers rights when audited by the tax authorities in South Africa – equally applicable to many English-based law systems in Africa and abroad (eg. India). This will be of particular use to any tax practitioners doing work in Africa and in other English-based legal systems around the world.

Analysis of Challenging The Commissioner’s Discretionary Powers In Auditing Taxpayers under The Constitution of The Republic of South Africa

CHAPTER 7 – CONCLUSION

7.7 THE PROPOSED TAX ADMINISTRATION ACT – Final Post Read More

Written by | Posted in Africa • Audit

Taxpayers Rights When Audited By Tax Authorities In South Africa (Chapter 7.6)

Posted in sections, this is my Doctoral Thesis on taxpayers rights when audited by the tax authorities in South Africa – equally applicable to many English-based law systems in Africa and abroad (eg. India). This will be of particular use to any tax practitioners doing work in Africa and in other English-based legal systems around the world.

Analysis of Challenging The Commissioner’s Discretionary Powers In Auditing Taxpayers under The Constitution of The Republic of South Africa

CHAPTER 7 – CONCLUSION

7.6 ‘JUST CAUSE’ SHOWN DEFENCE40 Read More

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Taxpayers Rights When Audited By Tax Authorities In South Africa (Chapter 7.5)

Posted in sections, this is my Doctoral Thesis on taxpayers rights when audited by the tax authorities in South Africa – equally applicable to many English-based law systems in Africa and abroad (eg. India). This will be of particular use to any tax practitioners doing work in Africa and in other English-based legal systems around the world.

Analysis of Challenging The Commissioner’s Discretionary Powers In Auditing Taxpayers under The Constitution of The Republic of South Africa

CHAPTER 7 – CONCLUSION

7.5 REVIEW IN TERMS OF SS 6, 7 and 8 OF PAJA OR THE PRINCIPLE OF LEGALITY Read More

Written by | Posted in Africa • Audit

Taxpayers Rights When Audited By Tax Authorities In South Africa (Chapter 7.4)

Posted in sections, this is my Doctoral Thesis on taxpayers rights when audited by the tax authorities in South Africa – equally applicable to many English-based law systems in Africa and abroad (eg. India). This will be of particular use to any tax practitioners doing work in Africa and in other English-based legal systems around the world.

Analysis of Challenging The Commissioner’s Discretionary Powers In Auditing Taxpayers under The Constitution of The Republic of South Africa

CHAPTER 7 – CONCLUSION

7.4 ADMINISTRATIVE ACTION, THE RULE OF LAW AND THE PRINCIPLE OF LEGALITY Read More

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Eggshell Audit – What You Need To Know

What is an Eggshell Audit?

An eggshell audit is one in which the taxpayer has filed a fraudulent return in a prior year and the auditor is not aware of potential evidence of civil tax fraud or a criminal tax violation. A tax return is fraudulent if an additional tax is owed due to (i) a deliberate intent to evade tax or (ii) there is a willful and material submission of false statements/documents in connection with the return. It is considered an “eggshell” audit because of the care one must take – i.e. walk on eggshells – to guide the examination and prevent suspicion by the auditor.

What are the Risks of an Eggshell Audit?

Read More

Written by | Posted in Audit • Tax Fraud/Evasion/Crimes
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