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.
Tax Audit Defense
Daily, Montfort & Toups is a leading tax law firm. Our tax attorneys have more than five decades of experience standing up to the IRS and helping clients resolve their tax problems. Our tax services include audit defense, IRS appeals, unfiled tax returns, CID investigations, enforced collections – liens, levies and more. Learn more about our tax audit services below.
AN IRS TAX AUDIT IS AN INTIMIDATING PROCESS
A tax audit is a serious step by the IRS. Anybody can be selected for an audit and it doesn’t necessarily mean that you’ve done something wrong. However, if the IRS wants to dig into your records you have to prepare for all scenarios.
Five out of seven people who are audited by the IRS owe additional taxes. If the audit finds severe errors in your tax records, you can receive a civil penalty on top of the taxes and interest you owe.
Usually, auditors come clueless and it’s their job to extract as many details from you as possible. Your performance during the audit is crucial. If you’re not properly prepared to handle the interview, you may end up doing more damage than helping your case. The best thing you can do is to start working on your defense as soon as you get wind of a tax audit coming your way.
You need to review your business records and accounting and clean any obvious errors you could find. If you can spot them, so will the auditor.
You must remain collected and keep your composure during the interview. The auditor may fire all kinds of questions about your business and personal life.
The sole purpose of an IRS interview is to catch you doing something wrong. The auditors are trained to interrogate you in such ways that you unintentionally give away information. They will look for clues in your behavior and cross-reference your statements to find out if you’re hiding something.
- How you respond to questions
- How you act
- What clothes you wear
- How fancy is your office or home
- What car you drove to the interview
These things will give the IRS information about you. You may not think they are relevant, but the IRS excels at piecing the bigger picture from the bits you provide them with.
Does it sound intimidating? That’s what the IRS wants. The auditor can be cold, heartless and scary. It’s their job to come in and bully you until you cave in and tell them everything they want to hear.
THE CONSEQUENCES OF AN IRS TAX AUDIT
Depending on the case, the consequences of an IRS tax audit can vary greatly. By default, if you have diligently filed and paid all of your taxes, there is nothing to fear and the auditor will simply confirm everything is in order.
Unfiled tax returns, unaccounted income, improper use of tax deductions and exemptions will result in an adjustment of tax. The IRS is going to calculate owed tax based on all found discrepancies in earned and reported income. There is no limit. Interest will be assigned to all tax from the time it should have been paid until today and will continue running indefinitely.
Finally, depending on the case, a variety of penalties can be added:
- 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