Berry, Quackenbush and Stuart:  Columbia Attorneys
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Last Updated:  10.02.2006

 


Regardless of whether you are rich or poor, a person or a corporation, it is certain that you have tax issues; tax issues that could become tax problems if not dealt with correctly. These tax issues may require tax planning to minimize the payment of taxes or representation before the Internal Revenue Service (IRS) or the South Carolina Department of Revenue (DOR) to explain and defend why certain deductions or exemptions were claimed by a taxpayer. In a worst case scenario, it would involve criminal defense of a claim of tax evasion.

If this happens to you, you will need to understand how your adversary (IRS or DOR) is organized and how best to maneuver through the system. Our attorneys are here to explain the complex tax laws to you, assess your personal situation and get the best possible resolution for you.

One of life’s most dreaded experiences has to be an IRS audit. While your chances of being audited in any particular year is surely less than 1%, the odds of an IRS examination in your taxpaying lifetime is much higher. Further, it is estimated that at any particular time approximately 15% of all taxpayers owe back taxes. So clearly, problems with the IRS are not rare.

What should you do if you are contacted by the IRS or DOR about a problem? You should immediately contact an attorney to advise you on both the severity of the problem you face and how best to handle it. You will surely want representation if there is an audit. The sooner you obtain proper legal advise, the sooner your tax issue may be resolved, saving you money in the payment of interest and penalties.

One of the most frequent problems we see is the situation where the taxpayer owes taxes he cannot pay. In such circumstances it is wise to have an attorney negotiate the amount as low as possible and then come up with a payment plan. Payment plans are automatically granted to you if you have no prior problems with the IRS. Usually, you must pay off the balance of taxes owed within 36 months.

Of course, if you owe taxes you cannot pay, a payment plan agreement may not be best for you. One problem is you will have to pay interest and penalties that continue to accrue while you are paying. Therefore, you may want to see if you qualify for what is known as an "Offer in Compromise." An offer in compromise is a very formal and detail intensive procedure. There are various forms that must be completed as well as financial documentation that must be submitted to the IRS. This can be an exhaustive, time-consuming process. This is another area in which it is almost imperative to have legal counsel if not actual help.

Businesses have their own set of tax issues and face a myriad of special tax problems. These arise daily and involve everything from income taxes to payroll taxes and withholding issues. Your business is also undoubtedly subject to sales tax.

Whatever your tax problem, we stand ready to help you.

If you would like further information about a specific tax issue please contact us.

 




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