Top Ten Tax Attorney Characteristics (What to Look For Before You Hire)
1. The tax attorney has actual IRS experience, meaning that the tax attorney has actually worked for the IRS. If you have a non-criminal tax matter (such as a tax debt, a tax lien, or you need to negotiate with the IRS), then you will want an attorney that has worked for the IRS Office of Chief Counsel. This is the IRS' legal department. Taxpayers would be well advised to ask their would-be tax attorney whether they have worked for the IRS.
2. The tax attorney has a Master's of Law in Taxation (often referred to as an LLM in taxation). There is no substitute for an LLM. Tax law requires a dedication to continued study. The LLM shows that the attorney has dedicated at least one full year (on a full time basis) to studying tax law. Taxpayers should seriously consider whether they want to hire a tax attorney who does not dedicate the time to learn about tax law for their clients on a full-time basis.
3. The tax attorney has continued to keep up with the field, as evidenced by articles and publications on tax topics. The LLM degree is the starting point. Tax laws change literally every day (literally, with the possible exceptions to federal holidays). A tax attorney who has not kept up with the changes cannot provide quality tax advice to clients. Clients should use the internet to search for evidence that their would-be tax attorney has kept up with current tax law changes. In many cases a Google search and/or viewing the tax attorney's website should provide a good starting point (especially if the tax attorney maintains a tax law blog).
4. The tax attorney limits his or her practice to tax law matters. Again, tax law is one of the most demanding areas of the law to keep up with. Many tax attorneys also do business, estate planning and bankruptcy work - all of which are related to IRS tax matters. The tax attorney has to understand these areas as well as tax law in order to properly advise the client on IRS tax matters. But an attorney who does everything from divorces, wills, DWIs, personal injury, AND tax law probably has not kept up with tax law changes. Taxpayers should review the would-be tax attorney's website to verify that the tax attorney focuses only on tax law matters (Taxpayers should also check for separate additional websites maintained by the would-be tax attorney to advertise their non-tax law related matters).
5. The tax attorney (and their law firm) does not have a TV commercial. Tax attorneys who are able to spend the hundreds of thousands of dollars on TV commercials must be earning hundreds of thousands of dollars each year to afford the commercials. This can occur one of two ways: (1) the tax attorney can be a volume shop, meaning they farm out nearly all of the work to other tax attorneys and they merely take a cut or referral "finders" fee or (2) they charge each client hundreds of thousands of dollars. Taxpayers should decide whether they want to hire either of these kinds of tax attorneys.
6. The tax attorney is personable on the phone or in person. The IRS holds a lot of power. Tax attorneys who are not able to work well with people, will not be able to cope effectively with difficult IRS employees. The result can be the IRS employee exercising their discretion in a way that is not favorable to the taxpayer. Taxpayers should feel comfortable when talking with their would-be tax attorney.
7. The tax attorney is conversant in tax law matters. Tax law has a lot of jargon. Taxpayers should do a little internet research and find a few tax law terms to ask the would-be tax attorney about.
For example, taxpayers might ask: (1) what halts the IRS collection statute (the answer is filing an offer in compromise, installment agreement, taxpayer assistance order, bankruptcy, or leaving the country for a certain period of time)?, (2) what is the difference between an IRS payment and a deposit? (the answer is that a payment belongs to the IRS immediately; whereas, the deposit belongs to the taxpayer and must be returned upon request from the taxpayer), (3) what federal courts are available to handle tax matters (the answer is the federal district, circuit, and supreme courts; the federal court of claims; the US tax court; and the US bankruptcy courts).
If the tax lawyer cannot FULLY answer these questions (without saying "I will have to look that up for you"), then there is a good chance that the would-be tax attorney is not really a tax attorney.
8. The tax attorney has direct experience handling the taxpayer's particular matter. There are a lot of procedural rules that must be handled properly in tax matters. Direct experience in applying these rules can help produce favorable results quicker for the taxpayer. Taxpayers should ask the would-be tax attorney directly if they have handled the exact same matter before. If they have, then the taxpayer should ask when was the last time (approximately) and how many of the exact same types of cases the tax attorney has handled. Taxpayers would be well advised to not give the tax attorney any wiggle room on this topic. If necessary, halt the conversation and discuss this topic in detail.
9. The tax attorney encourages the taxpayer to get a second and third opinion before hiring a tax attorney. Taxpayers may feel pressure to hire someone immediately after getting a scary notice from the IRS. This is probably a good idea; however, taxpayers should call two or three tax attorneys before selecting the one they will hire. Most tax attorneys offer free initial (and confidential) consultations. When taxpayers make these calls, they should note how long it takes the tax attorney to get back to them. If the tax attorney takes a long time to return the taxpayers phone call, then the taxpayer should expect the same thing after they hire the tax attorney.
10. The tax attorney does not have any complaints against them. Taxpayers can Google the tax attorney's name along with the word "complaint," "ripp off," or other similar (negative) terms and they can check with the better business bureau and the state bar association.
Related Tags: tax, attorney, tax lawyer, irs, tax attorney, offer in compromise, irs debt, irs lien, irs levy
Denver Colorado Tax Attorney Kreig Mitchell helps taxpayers nationwide with IRS tax controversies and helps structure taxable transactions. You can find out more about Mr. Mitchell at http://www.irstaxtrouble.com
Your Article Search Directory : Find in ArticlesRecent articles in this category:
- Benefits of Online Accounting and Bookkeeping
Accounting and bookkeeping are some of the most delicate and time-consuming jobs. It really gets d - Rodman & Rodman, P.c. Shares Cash Flow Tips in a Bad Economy
So how can a small business survive in a bad economy? Larry Rice, CPA, Director of Strategic Con - Desston *** Chartered Certified Accountants ***
Our ServicesOur services are varied and include: Accounting Regular management accounts and report - Irs Debt
Debt owed to the Internal Revenue Service (IRS) is called IRS debt or tax debt. IRS debt may be a - Money Transactions Worldwide
What is Moneybookers? What are the benefits of using Moneybookers? - Arc of Greater Plymouth to Hold Children's Holiday Party on December 4th in Marshfield
DATELINE: MARSHFIELD AND - Adverse Credit Loans: Loaded With Facilities for Poor Scorers
To achieve financial support even after possessing bad credit records one should go for the adverse - The Lowdown on Accounting Careers
Accounting careers are in great demand, these days. This is because they are providing some amazin - Budgeting for Retirement
Many people think that once they retire budgeting their money is going to be a lot harder, this is - Budgeting You Money When Living in an Expensive City
The cost of living in a city increases almost everyday. With just the average rent of a two room Ne
Most viewed articles in this category:
- Successful Payroll Management
Yet, successful payroll management doesn't have to be a chore. Further, you can find significant adv - Knowing When to Hire a Bookkeeper
Do you love the thought of handling the financial books for your business? For most of us, unless yo - Benefits of Bookkeeping Outsourcing Online for Accounting Firms
Bookkeeping is a monotonous task for accounting firms. It takes long and tedious hours to maintain t - Spank Your Bookies
Bettor A: The Ego Bettor - This bettor is primarily motivated by the feeling of superiority that he - Legal Applications of official Paper Shredder at Accounting Departments
The way shredders are traditionally purchased and sold is by an uneducated consumer talking to an un - Do you Need Back Office Outsourcing?
Have you ever imagined how important the back office process is for the success of any organization? - Meet Deadlines and Earn Profit via Tax Preparation Outsourcing
Tax preparation is the information given out by an individual or an organization to a government bod - Internal Audit Still Faces Talent Shortage
More than half of the 400 respondents to PricewaterhouseCoopers' second annual report..."In tod - Global Venture Capital: Ernst and Young Reports on Important Trend
"The convergence of globalization, Web 2.0, media and innovations in IT and life sciences are f - Computerized Financial Accounting - Methods and Practices - Use of software in Accounting
Complete financial accounting course or tutorial covers a range of following topics. It is being eva