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.
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.
THE IRS IS NOT PERFECT EITHER
You can reasonably negotiate with the IRS auditor during the interview and defend your position. But that doesn’t guarantee their judgment will align with yours. If you receive a harsh IRS examination report, the next step is to contact the auditor’s manager and try to win an informal appeal. This may or may not help.
The fact of the matter is, both the IRS auditor and their manager are human beings. Whatever training they have, it cannot guarantee 100% accuracy in all of their cases.
This applies to every decision the agency makes – offers in compromises, installment agreements and forced collections.
If you believe the IRS has:
- Missed to consider key facts about your business
- Wrongly interpreted tax law as it applies to your case
- Made calculation errors in determining the taxes and interest you owe
- Taken unfair decisions based on personal opinion or an emotional reaction
…then you absolutely must pursue a tax appeal.
An appeals officer works differently than an IRS auditor. Where the auditor usually sees in black and white, the appeals officer recognizes many inbetweens that usually benefit the taxpayer.
A well-planned appeal can significantly reduce the financial burden of an IRS audit. IRS statistics show approved appeals reduce the final tax bill, including taxes, penalties, and interest, by 40% on average.
WHY SHOULD YOU USE THE APPEALS PROCESS
Even if you mostly agree if your examination report, it’s worth trying a tax appeal. In the majority of cases, appeals have positive results. Although officers can discover and raise new issues previously missed, this happens extremely rarely.
The purpose of the Office of Appeals is to resolve more cases in a satisfactory way for both the IRS and taxpayer and promote voluntary compliance. Their aim is to reduce the number of cases going to court, which aggravates the situation and increases the cost for both sides.
Usually, the Office of Appeals takes a more gentle stance and agrees to a reduction of the tax adjustments proposed by the IRS auditor. Furthermore, the appeals process adds months of delay to your taxes. The time can help you organize your finances, pay your taxes and solve the problem.
Despite the massive savings potential, less than 10% of all audited taxpayers file an appeal. Many are discouraged or intimidated by the IRS and forgo pursuing an appeal, thinking they may worsen the situation.
- Filing late tax returns – civil penalty up to 25% of owed taxes.
- Errors and discrepancies in tax returns – civil penalty up to 20% of owed taxes.
- Filing a false tax return – felony conviction with up to 3 years in prison and a fine up to $100,000.
- Criminal conviction of tax evasion and fraud – up to 5 years in prison and a fine up to $100,000.
- Intentional tax evasion and fraud – civil penalty of 75% of owed taxes.
- Failure to file your tax returns AT ALL – 1 year in prison and a fine of $25,000 for each year you didn’t file a tax return
- Lying to an IRS employee – up to 3 years in prison and a fine up to $100,000.
If any of the above apply to you, contact a tax attorney immediatelly to verify and discuss the available options!
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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