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Estate Planning, Elder Law and Tax Defense Attorneys

Daily, Montfort & Toups is a Tax and Estate Planning Law Firm in Florida, offering professional legal services to the St. Petersburg, Venice, Osprey, and Sarasota communities.

PROFESSIONAL LEGAL SERVICES

What we can do for you

Our Lawyers Will Also Represent You In Civil Litigation Cases Such As Divorce, Child And Spouse Maintenance.

OUR ATTORNEYS CAN HELP WITH MEDICAID PLANNING, IRS AUDITS, ESTATE PLANNING, & MORE!

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Areas of law we can help in

Tax Law Services

We’re big believers in doing your own taxes. However, some cases require the help of professional tax lawyers. Daily, Montfort & Toups is a tax law firm dedicated to helping you stand up to the IRS!

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Elder Law & Medicaid Planning

Daily, Montfort & Toups are helping adults and seniors put their lives in order through professional elder law services. We’re dedicated to our clients and work to improve their quality of life and help them achieve peace of mind for more than two decades! Learn more about our Elder Law and Medicaid Planning services below.

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Estate Planning Services

Our attorneys can help you create a robust strategy for protecting your personal and businesses assets in a number of situations. We can help with trust administration, business succession planning, and designating beneficiaries. Learn more about our estate planning services below.

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MEET THE PROFESSIONAL ATTORNEYS BEHIND DAILY, MONTFORT & TOUPS

Bishop L. Toups

Bishop L. Toups

Bishop L. Toups is an estate planning, elder law, and tax attorney in Southwest Florida.

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Frederick W Daily III

Frederick W Daily III

Frederick W Daily III was an experienced tax attorney with over 50 years in the field.

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Kerven Montfort

Kerven Montfort

Kerven L. Montfort is a probate and estate planning attorney in the Tampa Bay area.

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IRS Tax Appeals

The IRS’ Office of Appeals provides an administrative process of challenging the findings and conclusions of a tax audit or other IRS actions. The Office of Appeals will review your case and provide an independent judgment, often softening the decision of the IRS. Dail & Toups can help you prepare and file an IRS tax appeal. We will ensure all legal tools are leveraged and all procedures are followed properly, increasing the likelihood of a successful appeal and reducing penalties imposed by the IRS. Contact us today to speak with a knowledgable attorney.

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Probate Services

Probate is a legal procedure that handles the transition of assets and property after a person’s death. Dialy & Toups can suggest alternatives that will bypass the probate procedure, transfer the assets cost-effectively and protect it against any claims. Learn more about our probate services below.

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Payroll Tax Matters

When you run a business and employ workers, you are responsible for handling payroll taxes. You need to deduct your employees’ taxes from their salaries and pay them to the IRS in their name. At the same time, there are proportionate amount of taxes you need to pay as a business for each of your employees. Any delay or failure to pay due taxes will introduce interest and penalties which will grow over time. The IRS is more strict with companies than it is with individuals. It may take time before the agency knocks on the door. But eventually, they will and the business will have to face a heavy financial burden.

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INFORMATION & ARTICLES

Our lawyers work tirelessly to create resources and articles to help others learn more about navigating the legal system.

Our blog features deep-dives into matters of dealing with the IRS, managing business & personal taxes, estate planning, and elder law. We also offer free consultations to better address the specific needs of our clients.

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Book

Stand Up To The IRS

A NOLO published book

IRS Bills? The Internal Revenue Service can wreak havoc on your life. This book has the information and strategies you need to confront America’s most intimidating agency.

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Book

Tax Savvy For Small Business

A NOLO published book

Create a business tax strategy that will save you time, energy and money. Getting your tax on track will free time to do what really counts - running a profitable business.

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Book

Surviving An IRS Tax Audit

A NOLO published book

Worried about escaping an audit intact? Then you need Surviving an IRS Tax Audit. This book explains what to say, what to do, even what to wear, so that a visit from the auditor doesn't turn into a disaster.

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Frequently Asked Questions

How long should I keep my tax papers?

At least three years, but six years is preferable. The IRS has three years after you file a tax return to complete an audit. For example, if you filed on April 15, 2006, for 2005, keep those records until at least April 16, 2009. The IRS can audit you for up to six years if it suspects that you underreported your income by 25% or more. If the IRS suspects fraud, there is no time limit for an audit, although audits beyond six years are extremely rare. Keep records of purchases of real estate, stocks, and other investments for at least three years after the tax return reporting their sale was filed. (See Winning Your Audit: An In-Depth Guide.)

What are my chances of getting through an audit without owing additional taxes?

A minority of audit victims make a clean getaway. The IRS audits half as many taxpayers today as in the 1990s, but the take per audit has increased. The IRS, thanks to its sophisticated computer selection process, only audits returns in which adjustments are almost a certainty. Realize the odds are against you and focus on limiting the damage from an audit. (See Winning Your Audit: An In-Depth Guide.)

Do many people cheat on their taxes?

In a Yankelovich poll, one out of five Americans admitted to cheating the IRS. The IRS says that 15.5% of us don’t fully comply with the tax laws. Undoubtedly the cheating would be greater if wage earners did not have taxes withheld by their employers. Small business owners and self-employed people have the most opportunities to play fast and loose. Arguably, cheating by self-employed people approaches 100%. It may just be a question of degree—did you ever mail a personal letter with a business-bought stamp?

If I can’t pay my taxes, should I file my return anyway?

Yes. Filing saves you from the possibility of being criminally charged or, more likely, from being hit with a fine for failing to file or for filing late. Interest continues to build up until you pay. Of course, filing without paying will bring the IRS collector into your life, but she’ll be friendlier if she doesn’t have to hunt you down. The sooner you start filing, the better. (See Winning Your Audit: An In-Depth Guide.)

Can I get an extension to pay a tax without penalties and interest?

Probably not. Although you can get an extension to file your tax return until October 15, you still must pay by April 15 or the IRS can impose a penalty and charge interest. Try pleading hardship on IRS Form 1127 to get up to six months extra to pay. Few payment extensions are granted. Even then, only penalties, not interest, stop accruing. Form 1127 works best in requesting an extension to pay estate taxes. (See When You Owe the IRS: Keeping the Tax Collector at Bay.)

My state had an amnesty period for nonfilers. Can I ever hope the IRS will have one?

At least three years, but six years is preferable. The IRS has three years after you file a tax return to complete an audit. For example, if you filed on April 15, 2006, for 2005, keep those records until at least April 16, 2009. The IRS can audit you for up to six years if it suspects that you underreported your income by 25% or more. If the IRS suspects fraud, there is no time limit for an audit, although audits beyond six years are extremely rare. Keep records of purchases of real estate, stocks, and other investments for at least three years after the tax return reporting their sale was filed.

Do auditors use computers? If so, does it make it harder to beat an audit?

Yes—they are used by all auditors to prepare their final reports. No—it doesn’t make it harder to beat an audit. Computers are just machines; it’s the person operating the computer who counts. Computers can’t make judgments that are at the heart of the tax audit process. (See Winning Your Audit: An In-Depth Guide.)

Who has access to my IRS file?

Federal law makes IRS files private, not public records. The law has many exceptions, however. IRS files can be legally shared with other federal and state agencies. Most leakage comes as a result of sloppy state agencies that are granted access to IRS files. Furthermore, IRS employees have been caught snooping, and computer hackers have broken into government databases. While violation of the Privacy Act is a crime, rarely is anyone prosecuted for it, though IRS personnel can be fired if caught.

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