Elder Care Attorney

Offering professional legal services to the St. Petersburg, Venice, Osprey, and Sarasota communities of the great State of Florida. Start a conversation with one of our attorneys today to address your legal needs quickly and effectively.

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Office Location

1491 E Venice Ave Suite A, Venice, FL 34292

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Welcome to Our Practice

 

Tax Attorney Daily is an established elder care law firm.  We have been helping clients with elder care nationwide over fifty years.

Our Firm’s history of helping clients started with Stand Up to the IRS started in 1972. Frederick (Fred) W. Daily III laid the roots for Tax Attorney Daily and opened his law practice in California.

In addition to our books, our Firm has been featured in numerous publications, television shows, and have provided tax programs to Enrolled Agents, CPAs, and IRS Agents.

If you need a elder law attorney, it means the situation is too serious to delegate to an amateur. When you’re in a pinch, our team is the best call you can make.

Competitive Rates

Our law firm offers customized estate planning packages with competitively priced rates. 
 Whether you need a simple straight forward estate plan or you have substantial assets to protect, requiring a more sophisticated plan, we will put together a package that works best for you. 

Attorney Preparation

When it comes to estate planning, we understand that no two individuals are alike.

 

For this reason, we will take a personal approach and let you know the most sensible, up to date legal options available. All of your estate planning documents will be prepared by an attorney at our law firm to ensure compliance with state and federal laws.

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Peace of Mind

With so much riding on the decisions involved in creating an estate plan, you can’t afford to make a costly mistake.
 
Be rest assured, knowing that all of your estate planning needs have been met, and all documents have been properly executed.

Our Services

Elder Law

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Medicaid Planning

IRS & Tax Law

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Estate Planning

Elder Law Attorney in Venice, FL

Medical Planning 

Our Venice Medicaid planning services take into account State and local considerations relevant to Medicaid applications and asset protection. Our attorneys are experienced in dealing with the more complex matters of elder law and all things related to Medicaid.

Estate Planning

Our attorneys have extensive experience serving the local community and know the ins-and-outs of creating robust estate plans. Their deep knowledge of State and local regulations ensure your estate will be air tight.

Elder Law

Our elder law services include dealing with cases of abuse and neglect, creating Ladybird Deeds, Miller Trusts, and incapacity planning. Our attorneys can help create powerful asset protection and financial arrangements.

IRS Audits

The IRS works hard to maintain their reputation of the most-feared domestic US agency. During an audit, an IRS agent will gather information to use against you in court. Our attorneys can help you deal with an audit in timely and effective manner.

Our Elder Care Lawyers

Meet the professional attorneys behind Tax Attorney Daily.

Fred Daily Headshot

Fred Daily

Founding Partner

bishop toups attorney

Bishop L. Toups

Partner

Ian S. Giovinco Headshot

Ian S. Giovinco

Of Counsel

Quick and Easy Tax Support

Know all your tax needs are in the right hands. Resolve your tax issues quickly without dealing with the added stress.  

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Estate Planning

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Medicaid Planning

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Elder Law

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IRS Audits

We are A Full Service Elder Law Firm

Our firm is dedicated exclusively to the practice of IRS tax representation. We understand that dealing with the IRS can have a serious mental and physical impact on our clients.

Our goal is to help our clients resolve IRS tax issues quickly while negotiating the most favorable resolution possible. We believe that our combination of fifty plus years of tax experience and aggressiveness makes all the difference when we represent clients in front of the IRS.

 

Frequently Asked Questions

If you have a question that isn’t listed here, contact us today and one of our attorneys will be happy to help! 

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.

Should I notify the IRS when I move?

Yes, unless you think you can hide from a tax bill. The IRS moves slower than you do, so I suppose it’s possible if you are constantly on the move. Otherwise, report your new address on IRS Form 8822. A post office change of address form may not work. Notifying the IRS assures that you will get audit letters and other vital notices, which often have strict time limits for replies

I am being audited and the deadline for filing this year’s return is fast approaching. Should I file?

Not if you can help it. The danger in filing is that the auditor may expand the audit to include that return.Instead of filing, submit IRS Form 4868 by April 15 to obtain an automatic extension to file until October 15.If the audit is still alive on October 15, don’t file until it is completed. As long as you have paid all the taxes due, you won’t incur any penalties or interest for not meeting the deadline. If you owe additional taxes, send in your payment with your extension form. Auditors can’t make you file a return. If requested, simply say, “I am not yet ready to file.”

I have always deducted a certain expense. During a recent audit, the deduction was denied and now I know I was wrong all those other years. What should I do?

Let your conscience be your guide. If your audit is still open, the auditor can make adjustments in other open years—periods for which the three- or six-year time limit from the date you filed your return hasn’t yet expired. The auditor may ask you for copies of your tax returns for those years. You’re not legally obligated to provide them. If you don’t, she may request them from IRS record centers. But if she’s facing a deadline, she may just let it pass. Don’t worry about being audited on returns filed more than three years ago—unless you understated your tax liability by 25% or more or committed outright fraud.If you feel guilty, give the auditor copies of your tax returns for the open years and accept the disallowances. Or file amended tax returns and pay the additional taxes after the audit is completed.

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.

How legitimate are the claims by "tax experts" that you don't have to pay income taxes?

Not at all. These con artists are very convincing, but if they were legit, I’d be first in line to stop paying taxes. Constitutional arguments against the tax laws are routinely dismissed by courts, and their proponents are fined or jailed. More sophisticated scams involve multiple family trusts, limited partnerships, and credit cards issued by offshore banks. While these schemes can confuse and slow down the IRS, they are bogus, period. Would a federal judge—whom you will appear before if you are prosecuted for tax evasion and whose salary comes from the federal government—ever uphold one of these schemes? Get serious.

I recently got married. Am I responsible for my spouse’s past taxes?

Maybe. Your wages and property might be at risk of IRS seizure for your spouse’s tax bill, depending on the state where you live. In most states, property owned by one spouse before marriage remains that spouse’s separate property during the marriage. Assets acquired during the marriage, however, are generally considered joint property. When couples own property together, IRS problems can arise. The IRS can legally go after jointly owned assets to cover the tax debt of just one spouse. The IRS cannot, however, take the share of the non-debtor spouse. See a local attorney for help. Be particularly aware of these specific problem areas:

  • Gifts. If a spouse without an IRS tax debt gives a spouse who has a tax debt and interest in the property, the IRS can grab it. For example, Tiffany deeds her separate property boat to her husband, Bobbo, and herself as joint tenants. The IRS can seize the boat for Bobbo’s debt, although the IRS would have to pay the wife for her half interest in the boat once it was sold.
  • Commingled property. If spouses deposit funds into a joint account and use that account to pay joint expenses, the funds are commingled. The IRS can take the entire account to satisfy the tax debt of one spouse. If the couple uses commingled funds to purchase property, and the IRS seizes it for only one spouse’s tax debt, the IRS must give the non-debtor spouse one-half of the sales proceeds.
  • Wages. The IRS, quite unfairly, can take the wages of one spouse to pay for the sole tax debt of the other spouse. Some couples have divorced just to stop the IRS from taking the wife’s wages for taxes owed by the husband prior to marriage. They may continue to live together after the divorce, but the wife’s earnings are no longer within the IRS’s grasp. 

I am being audited and haven’t heard from the auditor for months. What can I do to get the audit over with?

Don’t be overanxious. IRS auditors are instructed to close examinations within 28 months of the date you filed your tax return. For example, if you filed your 2006 return on April 15, 2007, the IRS wants the audit completed by August 15, 2008. Legally the IRS has until April 14, 2009 (or longer in the case of fraud), but auditors are instructed to allow at least eight months for processing any audit appeals.If you haven’t heard from the auditor, it could mean any number of things. Maybe the auditor was ill, transferred, or terminated. Or your file may be lost in the system. When your case resurfaces, a new auditor is under a deadline to close it, which can work in your favor. In the best of all worlds, the three-year time limit for completing the audit may expire while your file is in IRS never-never land. So why not leave the sleeping dog alone?

“When I met Bishop, I was very stressed out due to my Moms’ situation. It didn’t take long for Bishop to offer a solution and let me know how ‘simple’ this was. He immediately put my mind at rest for the first time in weeks! He is compassionate, understanding and goes the extra mile to make sure you feel good about what you believe to be a very stressful time. I would recommend him to anyone needing assistance with your loved ones.”

Cindy Gennetti

“Bishop was very clear , concise and understanding of all our needs and requirements giving us ease of mind for the set up and execution of our Family Trust and Wills . I would highly recommend his services , we certainly will use him for all our future legal dealings . Thank you Bishop .”

Peter Colpus

“My wife and I met Mr Toups at his office to discuss estate matters. He immediately impressed us with his knowledge and professionalism. My father had just passed away without having his financial matters resolved, and wound up having to probate the majority of his estate. Mr Toups set us up with a program at a very reasonable price. We are totally satisfied with him and recommend him for all estate planning. He is top drawer for sure!”

Randy McConnell

Book An Appointment 

Call: (941) 786-0024

1491 E Venice Ave Suite A, Venice, FL 34292

Working Hours

Monday-Saturday 8am-7pm.

Free Consultation

Have any questions? Call now.