WE PROVIDE A WIDE RANGE OF LEGAL SERVICES
Below is a list of several of the trusted legal services offered by our offices.
Our lawyers will also represent you in civil litigation cases such as divorce, child and spouse maintenance.
Innocent Spouse Relief
The IRS has special laws that apply to family members. Depending on how taxes are filed married couples can be jointly responsible for any tax problems caused by either spouse. An innocent spouse will carry the burden of proving beyond doubt they had no part in the offense. That’s a difficult task, especially if you need to go back in time for evidence. Daily & Toups is can help you claim your innocence through a specially established procedure called the “Innocent spouse rule”
JOINT AND SEPARATE TAX RETURNS
Typically, every person is responsible for their own tax return, taking full liability for any problems related to inaccuracy and fraud.
Married couples have the option to file their taxes jointly – as a family. Depending on the case and state, there may be benefits to filing jointly or separately. Usually, you will pay less if you file a joint tax return, especially in states with community property (Texas, Arizona, etc). Thus, many families opt to file their taxes jointly.
However, the laws also mandate that each spouse is 100% liable for their joint tax return. If one partner cheats on their taxes, the IRS will hold both responsible.
Usually, fraud is not discovered immediately. Years can pass and the couple may no longer be living together. However, the IRS is only interested in recovering lost revenue – if your name is on the tax return, they will come knocking.
Imagine the surprise of going to the bank, only to be notified there is a lien on your name for tax fraud committed by your ex-spouse five years ago. Suddenly, you owe the IRS tens of thousands of dollars for something you never took part of. And, there are official documents with your name and signature. The burden of proof lies entirely with you.
Fortunately, the IRS has established a procedure that allows family members to resolve such situations
INNOCENT SPOUSE RULE
The Innocent Spouse Rule foresees that one taxpayer on a joint tax return can commit tax crime without the explicit knowledge and approval of the other.
Thus, you can prove your innocence by proving beyond any doubt that:
- All fraudulent items on a joint tax return belong to your partner.
- You had no knowledge or reasons to suspect the misconduct.
- It would be unfair to suffer the consequences that are not a result of your own actions.
The above applies for any tax debts incurred after July 22, 1998, when IRS legislation received a major overhaul. For cases prior to the date, it’s more difficult to prove a spouse was innocent if they filed their taxes jointly.
You need to file IRS Form 8857 to claim innocent spouse relief. Upon reviewing your case, the IRS can agree and take the charges off your name. The IRS can give you a partial pardon, allowing you to file a separate tax return that only includes your income and liabilities.
They will still hunt down the responsible spouse and if you’re still married or jointly own a property, you can still be affected by the consequences.
The IRS can also deny your claim if they can prove you had known how the taxes were being handled and you also benefited from the fraud.
In this case, your only option is the tax court. You must file your case within 90 days of the date on the rejection letter. The IRS cannot take action against you during the legal proceedings. Of course, there is no guarantee the court will overrule the IRS decision. And, aside from disgruntling the agency further, you will also have to pay the court fees.
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We Can Help You
Tax Law
Elder Law & Estate Planning
High Dollar Cases
High profile taxpayers, like sports stars and performers, are the IRS’ way of making an example. Every IRS branch has specially trained Revenue Officers who handle high dollar cases separately.
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Tax Audit Defense
Our tax services include audit defense, IRS appeals, unfiled tax returns, CID investigations, enforced collections – liens, levies and more.
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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.
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Unfiled Tax Returns
April 1st is a dreaded day for any taxpayer. Just half of all taxpayers manage to prepare their tax returns and file them with the IRS prior to the deadline. The rest usually follow with a couple of weeks delay. Weeks sometimes turn into months and even years.
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IRS Tax Appeals
IRS' Office of Appeals will review your case and provide an independent judgment, often softening the decision of the IRS.
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Elder Law
Elder law is the area of legal practice that encompasses all activities related to planning for a senior’s elder years.
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Medicaid Planning
Medicaid planning – when done properly – allows seniors to preserve their life savings and qualify for Medicaid.
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Estate Planning
Proper estate planning is crucial in order to ensure your assets and most valuable property is protected and managed in the most cost-effective way.
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Probate Law
Probate is a court controlled mechanism where the court transfers assets from someone who died (decedent) to the decedent’s beneficiaries. The beneficiaries are those listed in the decedent’s Will. When the decedent dies with a Will we refer to this as the decedent dying testate.
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Trust Creation and Administration
Estate Planning: Trusts allow you to bypass expensive Probate procedures, maintain the integrity of your assets and secure better future for your heirs. Daily, Montfort & Toups create efficient Estate Planning solutions and Trusts are one of our best tools!
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WHAT OUR CLIENTS SAY
ABOUT OUR SERVICES
I’ve had the pleasure to work with Mr. Daily for over 20 years, and he has always found the time to counsel and explain the best course of action.
JG | Tax Law Assistance And Counsel
Mr. Daily helped me get out of a tax situation that could have forced the dissolution of my business and ruined my credit.
Anonymous | Representation And Defense In Front Of The IRS
Fred assisted us through a multi year audit with ease and professionalism. His guidance was excellent and it was obvious he knew exactly how to handle the IRS
Richard | Multiyear Tax Audit Defense
I’ve had the pleasure to work with Mr. Daily for over 20 years, and he has always found the time to counsel and explain the best course of action.
JG | Tax Law Assistance And Counsel
Mr. Daily helped me get out of a tax situation that could have forced the dissolution of my business and ruined my credit.
Anonymous | Representation And Defense In Front Of The IRS
Fred assisted us through a multi year audit with ease and professionalism. His guidance was excellent and it was obvious he knew exactly how to handle the IRS
Richard | Multiyear Tax Audit Defense