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RS Tax Audit Help in Utah

It is important to know the IRS process and the inner workings during an IRS audit if you are ever to be audited. I think the reason why is from my experience I have seen that majority of Tax audits do not come out to a favorable outcome to the Taxpayer unless the Taxpayer has the Knowledge and Law on their Team. It always helps to Hire an Utah Tax Attorney or other skilled and knowledgable professional.

Taxpayers Right During an Audit

Taxpayers are guaranteed certain important rights during audits and examinations. Among these rights is the right to be provided certain information describing the examination process and other rights at the commencement of the examination. Examinations must be conducted at a reasonable time and place and taxpayers have the right to bring representation to any interview. Taxpayers have the right to record any interviews with the agent. Taxpayers also have the right not to be interviewed, except through the summons process, and must be notified of any summons to a third party and of their right to quash any such summons. Importantly, taxpayers have the right to have their tax information kept confidential.
Burden of Proof

Under prior law, there was a rebuttable presumption that IRS’s determination of tax liability is correct, and therefore (with some exceptions such as fraud), the burden of proof was on the taxpayer to show that the IRS’s determination was wrong. Under new law, the IRS has the burden of proof in any court proceeding with respect to a factual issue related to income, estate, gift, and generation-skipping transfer taxes if the taxpayer introduces credible evidence relevant to the determination of the taxpayer’s tax liability. To be eligible, the taxpayer must prove that he or she complied with required statutory and regulatory substantiation and recordkeeping requirements; cooperated with reasonable IRS requests for meetings, interviews, witnesses, documents, and information; and (if not an individual) met certain net worth limitations. Cooperation generally involves: providing reasonable assistance to the IRS in accessing witnesses, information, and documents not within the taxpayer’s control; exhausting administrative remedies, including IRS appeal rights; and establishing the applicability of a privilege. Cooperation does not require that the taxpayer agree to an extension of the limitations period. The IRS continues to have the burden of proving fraud, irrespective of the new law.

Interacting with the IRS Agent

When possible, the taxpayer’s representative, not the taxpayer, should interact with the agent. Indeed, in most cases, the meetings should take place at the representative’s office, not the taxpayer’s place of business. Direct contact between the agent and the taxpayer (or taxpayer’s employees) should be minimized. Agents are trained in interviewing techniques designed to elicit information. They will ask open ended questions, and will listen carefully to the responses. Taxpayers who meet with an agent should be careful to answer only the question asked.
Absent having been served an administrative summons, a taxpayer has the right to refuse to be interviewed. Although, historically examining agents have been reluctant to press for taxpayer interviews, examining agents have become more aggressive in seeking taxpayer interviews and using summonses to compel them. If interviewed pursuant to a summons or otherwise, the taxpayer has a right to counsel and may assert appropriate privileges.
Care should be taken to create a complete record of all information provided to the examining agent. Maintain a detailed record of all documents and records provided to the examining agent. Maintain a record of any oral communication with the agent whether in person or by telephone. Confirm any material oral agreements in writing.

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Client Testimonials

"Resolute Tax saved my life. I was spinning out of control. These guys came in and have given me guidance. It has been eight years and I still am in monthly contact with them. They really are the best." -Vijay

"I was going to owe taxes one year and I could not afford to pay so I didn't file. I put it off year after year and it snowballed into a huge mess. It went ten years and after much loss of sleep I finally followed a friends advice and called these guys. They took my situation and lifted this burden. It wasn't easy for them but they really took care of it." -Sam J

"Resolute Tax Services is phenomenal company. When I received the paperwork in the mail that I was being audited, I thought my life was over. Through lots of research I hired Resolute to handle my irs audit...and they did what I didn't think was possible. They got the IRS agent to recommend no changes be made to my return. They treated me with respect and caring. They helped me through this process so I could provide the documentation to support my return. I couldn't recommend them more highly!"- Marcie M

"Resolute Tax saved my life. I was depressed and really didn't know what to do. I felt like I couldn't work anywhere. I thought the IRS was unstoppable. Brandon at Resolute came in and got my case on hold so we could file the taxes and work out a resolution. Resolute Tax was as easy as a company can be to work with."- T. Albertson

"I was keeping everything from anyone. I was embarrassed of what I had got myself into with the IRS. I went to Resolute Tax and they have become a trusted friend. They got me out of the situation I was in. I saved not only thousands of dollars but parts of my life as well."- V. Karacca

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