THE IRS DOES NOT JUST GO AWAY What You Must Know When Dealing with Tax Issues and the IRS. Alex Curcuru

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1 THE IRS DOES NOT JUST GO AWAY What You Must Know When Dealing with Tax Issues and the IRS Alex Curcuru

2 The IRS Does Not Just Go Away What You Must Know When Dealing with Tax Issues and the IRS Alex Curcuru

3 Copyright 2013 by Alex Curcuru All rights reserved. No part of this book may be reproduced or transmitted in any form or by any means without written permission from the author. 2

4 DISCLAIMER: This publication is intended to be informational only. No legal advice is being given, and no attorney-client relationship is intended to be created by reading this material. If you are facing legal issues, whether criminal or civil, seek professional legal counsel to get your questions answered. 3

5 4

6 Table of Contents Introduction... 7 Chapter 1 Letters, Agents, Liabilities, Oh My!... 9 Chapter 2 What a Tax Attorney Actually Does Chapter 3 Best Practices for Dealing With the IRS Chapter 4 Common Misconceptions About Taxes and Tax Attorneys Chapter 5 The Realities of Dealing With the IRS Chapter 6 The Three Solutions Chapter 7 Play a Part in the Solution About Alex

7 6

8 Introduction Why I wrote this book Dealing with the IRS is scary for a lot of people. And any time there is fear, there are a lot of misconceptions or half-truths created. Some people think there's an easy way out of trouble with the IRS. And, there's not necessarily an easy way out. Others think that the IRS is going to incarcerate them. And, that is not likely either. I wrote this book because I wanted to tell you this: you can resolve your situation. If you have a plan for how you are going to deal with tax issues, you do have options. There are tax attorneys like me that can help you develop a plan, and, through this book, you can start to see how the plan can develop. 7

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10 Chapter One Letters, Agents, Liabilities, Oh My! 9

11 You have probably received a letter. If you are like most people, you may have picked up this book because you've received a letter in the mail from the IRS. Letters from the IRS might seem somewhat threatening. They may say things like: We did not receive a return from you. The letter may also say that you owe the IRS money, and that they d like to collect from you. Or it could be a letter saying that the IRS is examining your tax return and would like to audit you. Essentially, the letters are either trying to impose a tax liability, or the IRS is trying to collect on a liability. If the dollar amount that they say you owe is high enough, they may have even sent someone to your door. 10

12 What you may be feeling Confusion If you are like most people, you may feel confused at this point. You re not really sure what the letter is asking of you. Or, there is a dollar amount on there that you know you can t pay, and maybe you are not even sure if you owe it. Fear You may also have feelings of fear. Maybe you have seen too many movies and you think that you will end up in prison because you owe the IRS money. You never intentionally did anything wrong. Most people in your situation don t know what to do. Relief However, maybe you are one of those people who has not filed since the first Bush Administration, and you knew this was coming. Maybe there is even a sense of relief that you know it is time to deal with it. Maybe you are feeling a mixture of all of these emotions. There is a solution For those of you who are feeling confused, know that there is a reason that the IRS sent out the letter or has somehow contacted you, and, with the help of a tax attorney, you can cut through the legal language and find out what you need to do. 11

13 For those who may be feeling fearful that your property or freedom will be restricted, know that the IRS is not in the business of putting people in jail. For the most part, if you are willing to work with a tax attorney and the IRS, you can develop a plan and, most of the time, you will be successful in resolving your situation. You are going to be able to sleep at night again. For those who are feeling relief, it s time to get to work on something that you have been avoiding for too many years. So, let s go. 12

14 Chapter Two What a Tax Attorney Actually Does 13

15 Why Don t I Call a CPA? They Know How to Do Taxes, Right? Most people don t eat, sleep and breathe tax law (believe me, it is not the most digestible stuff!), and they don t have relationships with the IRS. So, if there is some suspicion that there may be problems that extend beyond just filing a return, then you may need to call on the help of a tax attorney. If you know you haven t filed in a while or you have issues that complicate your tax situation you may need the help of an attorney. CPAs do wonderful things, and most of them know how to create great returns and get results. But, if you are looking for anything beyond a return or need help negotiating with the IRS, then a tax attorney may be in order. Basically, if you think you need a tax attorney (or if you have read this far into the book), then chances are that you could use one. 14

16 Storytime: When You Know You Need a Tax Attorney The Concerned Father I had a father who was concerned about his son s tax liability. He wanted to help his son to get rid of it. The IRS had sent letters saying the liability was over $25,000. But, when I took a look at the return, I discovered it had been done wrong. We filed an amended return, the IRS agreed with our assessment, and the entire tax liability was washed away. The Two-Fold Role of a Tax Attorney Job One: The Correct Liability The first job of a tax attorney is to establish the correct liability for our clients. For example, if there s been an examination or an audit, then it is our job to establish the credits, the deductions, or to make sure that the income input is correct. And to substantiate our claims the best we can. Basically, we make sure that you have the correct liability of what you owe. Job Two: Managing the Liability The second part is, if there s a good amount of money that you do owe to the IRS or to the state, then it is our job to help you manage that liability. We take care of all of the legal proceedings to make sure you can resolve the issue. Tax attorneys know the IRS, so we help to navigate those waters for you. 15

17 Tax Attorneys Can Help with Personal and Business Tax Situations Most tax attorneys can represent people in both personal and business situations. For personal tax issues, the issues are always varied. It could be the person forgot to file a return, or they have filed but they owe. For business issues, it is typically a business that is cash-strapped. They pay employees but they don t pay their quarterly or semi-monthly tax deposits. 16

18 Chapter Three Best Practices for Dealing with the IRS 17

19 Don t Procrastinate It s the IRS. They will not be ignored or just go away If the IRS sent you a letter, then the worst thing to do is to ignore it. Almost every letter will have a respond-by date. The more that you procrastinate or put off dealing with them, then the harder it is going to be to come up with a well-thought-out plan and the more difficult it will be to negotiate with them. Think about it: how willing are you to negotiate with someone who does not respond? For example, let s say you received an examination letter in the mail and you have 30 days to respond. If you call me on the 26 th day, it will be extremely difficult to get all of the necessary paperwork together in four days. So, if there is one thing that you can do right now, it is to take action immediately. Call a tax attorney and get the process started. Be proactive. 18

20 Get All Your Paperwork Together You may not be a tax attorney, but you have probably filed for taxes before. You know the kinds of paperwork that is usually involved. They include: Form 1040s Form W-2s Form 1099s Receipts Letters you may have received from the IRS Bank statements Credit Card statements Having those prepared ahead of your first encounter with an attorney will expedite your return process. Also, on your first call with your tax attorney (if he or she is a good one), they will be able to list the specific paperwork and documentation you will need. Get that all together as soon as you can. 19

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22 Chapter Four Common Misconceptions about Taxes and Tax Attorneys 21

23 Taxes are complicated, and there is a lot of bad information out there about how they actually work. Below are some of the common misconceptions and the truth behind each one. I m going to jail. The truth: The IRS is not in the business of putting people in jail. They are in the business of collecting money that is owed to the government. You may think that the IRS wants to incarcerate you if you have heard the stories about celebrities with tax issues or if you know the story of Al Capone. Also, some commercials on television and other media try to lead you to believe that the IRS will put you in jail. But, the reality is that the IRS is not in the business of putting people in prison. The IRS s job is to collect money that is due to the government. That is their only job. And, they don t 22

24 want to do more than that if they don t have to. Again, if you are proactive and develop a plan with a tax attorney, then jail time is almost always off the table. The IRS will take everything I own. The truth: By working with a tax attorney, you can manage your liability You have probably seen this on some commercials. Using a line like this is usually a technique to play on people s fears. Or, sometimes you will hear those horror stories worst case scenarios based loosely on the truth. Yes, the IRS can take most assets. Yes, they can take money out of a bank account if you do not respond to them in time. Yes, they can foreclose on your home. But those circumstances are rare. Before any of that would happen, the IRS is going to allow you to help establish a plan to avoid these things as long as you respond in time. They are not motivated to take your home or your possessions. The IRS can t get to my assets. The truth: In fact, yes, they can seize assets. A common cause for this misconception is that the person is receiving Social Security payments. I have had clients who say, Well, they can t take my social security. And, when they do, my response is, You owe the Federal Government money, and the Federal Government is paying you. So, yes, they can do that. 23

25 If you stop to consider this, they are just taking back what they are paying. The IRS can garnish Social Security payments, pensions, wages and bank accounts. They are the most powerful collection agency in the country. But, again, they don t necessarily want to do that unless they feel forced to do so. I just need a CPA, not an attorney. The truth: Tax attorneys are adept at negotiating with the IRS. Most CPAs have limited experience in matters that involve negotiating with the IRS. CPAs traditionally help to prepare returns, or they can help a company make sure their filings are in order. But, a lot of them stop short of actually dealing with the IRS on a daily basis. So, while it is an honorable and useful profession, most of the people in that role do not work with the IRS. If it has been more than three years, then the IRS can t get to me. The truth: There is no magic number three. Some people believe that there is a three-year statute of limitations on when the IRS can ask for a return. For example, if they did not file their 2009 tax return, which was due on April 2010, then they think if they make it to April 2013, then the IRS cannot go back and do anything about it. The problem is that the 24

26 statute of limitations does not even begin until the return is filed. So, if there is no return, then there is no safety net. The IRS can establish a liability from you from three years ago, 20 years ago or even 50 years ago. Even if you did file your return, the IRS has various rules to help protect them in the case of fraud or gross understatements of income. For example, if you said you made $10,000 and you actually made $100,000, the three-year statute of limitations does not apply. A lot of people think that three is this magic number when it comes to the IRS, but that s not necessarily the case. Here s an example of a taxpayer made life much more difficult for himself because of his misunderstanding of the "rule of 3." This was a business owner who had not filed a return for a number of years. Quick side note here... When you don't file your own returns, the IRS can file a return on your behalf. This almost always drastically increases the actual amount of taxes you would legally owe. First, this substitute return will be filed based on information the IRS gets from other sources and they will only allow for a standard deduction and for federal tax withholdings provided by other sources. Therefore, your tax liability will be higher than if you actually filed your own return. Second, they will assess penalties and interest on the tax liability, raising the amount you owe even further. 25

27 Back to the taxpayer... In this case, this business owner had only kept his business receipts for the previous 3 years. Because he had to file returns for other tax periods as well, he had no record of many of the deductions he should have been entitled to. So, in order for him to take advantage of these deduction and lower his tax liability, he had to pay for bank records, statements, etc. Even so, he missed out on deductions he would have otherwise been able to take had he saved all his business receipts. His misunderstanding of the law made the process of resolving his account much more difficult. 26

28 Chapter Five The Realities of Dealing with the IRS 27

29 The IRS is not going to go away. The reality is this: If you have received some communication from the IRS a letter or a person at your door then don t ignore it. Part of the reason that you may have found yourself in this mess is due to ignoring the letters in the past. The reality is that you should be concerned, and, if you work with somebody, you can resolve it. You can t bury your head in the sand. This won t go away. If you fail to respond to the letters, then you would receive a certified letter in the mail. Some people think that if you refuse to accept it, then the IRS won t take money out of the account. They can. I have seen it happen. They can file a lien against your property. And, unlike a credit card company, the IRS does not even have to go to court. 28

30 Chapter Six The Three Solutions 29

31 If you respond accordingly and in a quick manner, you can generally work out three different solutions: Solution One: Establish the correct tax liability Solution Two: Work out a payment plan. Solution Three: Negotiate a compromised tax liability (or an Offer in Compromise). Solution One Establish the correct liability Let s say you receive a letter in the mail from the IRS stating that your tax return is being examined. It may say something about a 30

32 deduction that you should not be allowed to take. If you respond within a good amount of time, the IRS will allow you to work with a tax attorney to establish the correct liability. On the flip side, if you fail to respond or ignore the letters, then they go through an examination. The IRS will establish the liability and how to fix the debt. So, then your options for later establishing the correct liability are limited. Work with them when they get a hold of you and you will have an easier time establishing the correct tax liability. Solution Two Work out a payment plan Let s say you have worked with the IRS and established a liability. The IRS can allow you to set up a payment plan to pay down on the tax liability. They have plans that last for quite a long time that can help you to make the debt much more manageable. They have formal payment options if you pay within a certain amount of time, then you ll be on what is known as a streamlined payment plan. If you cannot pay it in accordance with a streamlined payment plan, you will still have options. At that point, we try to establish a reasonable amount of money that you can pay the IRS (after taking into account other expenses - the amount that you paid for housing, utilities, car, etc.) So, even if you have a liability with the IRS, you can work with someone to establish an amount you can pay each month. You can pay them and not lose your house, your car or anything else. 31

33 Solution three Negotiate a compromised tax liability (or an Offer in Compromise) Let s say someone gets fired from a job, and they had a 401K or other type of retirement account. They don t really know how they are going to make ends meet. They had made a decent amount of money and now they can t pay their bills. So, they dip into their retirement account. That often comes with a pretty sizeable liability. And someone could easily owe 20 or 30 thousand dollars they didn t even know about. Let s say this same person does not get back to work, so they can t earn money the way they did before. How are they going to pay down this liability? For those that qualify, based on a person s current financial position, they might be able to file what s known as an offer in compromise with the IRS. That is a situation in which an individual would be able to pay less than what is owed and resolve their situation. Despite what you are told on television commercials, this is not a solution for everybody so your other options need to be explored as well. There's an interesting case I had where a taxpayer (who I'll call Pat for the purpose of this story) had previously negotiated an offer in compromise with the IRS. Pat had been making payments successfully but then life got in the way. Pat's mother suffered a stroke and Pat was suddenly in the position of having to care for both a mother and a younger brother. Medical bills started to eat up all of Pat's money and Pat 32

34 could no longer afford to make the negotiated payments to the IRS and defaulted. Eventually Pat got a new job and a raise and wanted to resume making payments. But when Pat went to the IRS and they saw the increased wages and that Pat was better able to pay, they came back and said that the payments would now be higher than they originally were. In reviewing this situation, however, I saw that Pat's mother and brother should now be claimed as dependents and we ended up getting a new offer in compromise that had lower payments than the original one. 33

35 34

36 Chapter Seven How You Can Play a Part in the Solution 35

37 Get your documents in order There is often information that tax attorneys cannot get from the IRS: bank statements, pay stubs, financial information. All of that has to come from you, the client. And the best thing that a client can do when I ask for information is to respond in a quick manner. The sooner an attorney gets the information, then the sooner the issue will be resolved. I have been in situations where I am waiting for almost a year. Someone had to put together their receipts for a side business they had. I asked this person every two weeks for these receipts. They would say I m working on it this weekend I m working on it this weekend. Well, time continues to tick-by and I m no further in helping them to resolve the situation. 36

38 Consequences for not playing your part My job is to protect clients as much as I possibly can. I describe to them the consequences if I don t get certain information. Ultimately, if they are having trouble getting me the information or just not getting around to it, then the options dwindle. The plan becomes a lot tighter. The outlook becomes a lot less rosy because we can t effectively represent them without them being a part of the process. 37

39 38

40 About Alex 39

41 Alex is not about sticking it to the man. When the IRS is after you, it feels like an unbearable weight. There is the worry over what might happen with personal finances and assets. And it can be hard to know what to do. Those are the situations that motivate Alex Curcuru, managing member at The Alexander Law Firm, LLC in St. Louis, Missouri. For him, there is no greater personal or professional victory than helping individuals establish a realistic tax liability and manage their liability. It s not a victory against the IRS. It s not somehow sticking it to the man. It s helping good people who may have made a mistake to face life on life s terms. While they may still have a liability to manage, the burden of ignorance and insecurity is lifted. That means they have peace of mind they re sleeping at night. And, ultimately, peace of wallet too since they will be in better graces with the IRS. To learn more about Alex and The Alexander Law Firm, please visit You can also follow Alex on 40

42 Alex Curcuru provides advice on a widerange of tax issues and handles disputes with the IRS and Missouri Department of Revenue for both individuals and businesses. Over the past seven years, he has either prepared or quality reviewed hundreds of individual and partnership tax returns. This experience has proven invaluable in establishing a foundation for successful client advocacy and reputation for effective tax controversy representation. Curcuru has successfully saved his clients hundreds of thousands of dollars in outstanding tax liabilities. WHAT OTHERS SAY ABOUT ALEX Alex was a pleasure to work with. He was very clear on what he needed from us and obviously worked closely with the federal government to resolve our issue. He has exceeded our expectations. Scott, St. Louis, MO Alex helped me sort out a complicated mix of problems with the IRS and the Sate of Missouri. He could not have been more knowledgeable. He built a clear plan, dealt effectively with all parties involved and helped me get things settled. His focus and calm demeanor made dealing with him a pleasure. I recommend him without reservation. Steve, Ferguson, MO I presented The Alexander Law Firm with an IRS problem which I felt to be unsolvable. They solved the problem beyond my expectations. I am quite happy with their work and highly recommend The Alexander Law Firm. Tom, Columbia, MO 1 N Taylor Ave, St. Louis alexanderlawfirmllc.com

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