M-CAT Enterprises, LLC - Proprietary Page 1
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1 M-CAT Enterprises, LLC - Proprietary Page 1
2 Got a problem with the IRS? TOP 10 ANTI-FRAUD TAX RESOLUTION TIPS As several arrests have been taking place in the tax resolution industry and taxation agencies like the IRS are too busy to address all inquiries, taxpayers often end up overwhelmed, scared and victims of fraud. To avoid further challenges, the following article includes practical tips as per how to overcome such challenges and find legitimate assistance. AN UN-MONITORED, FRAUD-ROTTEN INDUSTRY In 2012, tax resolution service expert Patrick Cox of TaxMasters was first convicted of 110,383 violations per the Texas Deceptive Trade Violations Act per a Texas jury, resulting in a judgment of $195M in civil penalties. Cox, TaxMasters LLC and holding company TMIRS then received an injunction from the Federal Trade Commission (FTC), declared bankruptcy in December 2011 and tried to escape on a long-term personal vacation. Several other firms like JK Harris & Co., Tax Lady Roni Deutch, and the American Tax Relief, LLC. have also been swindling millions of dollars from tax payers over several years before being prosecuted by their local State General Attorneys office. Unfortunately, by the time that law enforcement agencies follow-up on provided tips, civil actions have been filed, firm owners have transferred funds to other entities and the money is gone. Victims often find themselves defrauded, broke, disillusioned, abandoned to deal with the IRS without their own records, further prosecuted and owing even more money. As there are no tax resolution supervising authorities closely ensuring proper education, credentials and conduct of such firms, victims must take pro-active steps to protect themselves from illegal tax resolution agencies and find an alternative approach to resolve their taxation issues. To avoid fraudulent schemes from tax resolution firms, here are ten recommendations: 1) SELECTION: Hiring a team of licensed professionals (including attorneys, accountants, and enrolled agents) is probably your best option. Instead of paying separately for different professionals from different fields, you may be able to negotiate a better priced package through integrated services and get the support from the company that will be performing all tasks required to get through this process. But be aware of doubled fees as all professionals will want to be involved in all steps of the process. Also, note that your tax preparer should not be your representative upon audit, as it constitutes an ethical conflict of interest. As the IRS does not perform sample tax audits (due to shortages in staff and higher reporting requirements, all audits are now M-CAT Enterprises, LLC - Proprietary Page 2
3 targeted), it is important to note that double audits always take place. This means that the taxpayer is being audited by the IRS on the belief that the taxpayer owes money to the IRS and in the case of the tax preparer, the IRS may be questioning the services provided. Also, in the event that your tax preparer is securing enrolled agent certification, you are allegedly more likely to be audited. Further, it is important to note the difference between the financial penalties that a taxpayer will most likely face upon misfiling compared to the penalties for the tax preparer, who is most likely looking at criminal charges and a jail sentence. That s why it s in your best interest if you are audited to look for alternative resources to help you beyond your tax preparer. 2) AUTHORIZED BUSINESS: Verify with your local State Secretary s Office the length of time your potential tax firm has been operating. Upon verifying the background of some firms with proper governmental entities, I discovered that several firms alleged to have ten to thirty years of experience, yet they had been in business for less than one year. There is a significant difference between the years of work experience someone has and the number of years a firm has been in business. Often, these important numbers are confused. Also, note the taxation filing status of your firm with your local State Comptroller s office. You would not want to hire a firm that is not compliant to both, federal and state taxation filing rules. A simple background check with publicdata.com may also help you obtain more information about shell companies. 3) CONTRACT TERMINATION: Verify the contract termination clauses. Firms that have contractual clauses suggesting they can terminate their agreement with you without penalty have the ability to take your money without delivering any services. Also, be aware of termination clauses related to criminal investigations. As governmental agencies are now requiring for architects, computer consultants to teachers to get their background checks in order to secure proper State licensing, the termination clauses pushed by the tax resolution agencies can be claimed as soon as they discover that a criminal background check / investigation is being performed to ensure your annual professional licensing and/or certification. 4) REFUND: Some firms charge an hourly fee whereas others charge a fixed price, so you may want to verify more closely the contract reimbursement clauses. In the case of fixed-price contracts, you may be forced to pay for services that you never receive. The main problem I see with this approach is the legal costs associated with suing such a firm and being able to get your money back. Consider adding a clause about the gradual payment and refund calculations as well as include a proposed/agreed method for legal M-CAT Enterprises, LLC - Proprietary Page 3
4 case resolution mediation, civil court, or arbitration. This last clause may not be followed up upon civil litigation but may serve as guidance for alternative resolution routes to a judge.0 5) LOCAL REPRESENTATION: Verify the location where the firm has offices. Because you may be asked to appear for an in-person audit, you are likely to need on-site representation. Although many services claim they can offer all tax resolution services off-site, in person may be required by the IRS, so you may end up all alone or having to pay for extensive traveling fees. 6) BACKGROUD CHECK: Verify the credentials and backgrounds of all of the staff at the firm you are dealing with. As I verified the backgrounds of various firms, I noticed some using ESQ (esquire) instead of JD (Juris Doctor (J.D.), a law degree held by some lawyers in certain countries like in the United States) to refer to administrative staff without a license to practice as a licensed state attorney. Peruse the website of the local state bar association to locate the current status of all staff claiming to be attorneys. For CPAs (Certified Public Accountants), look at the status of certification and licensing with AICPA (American Institute of Certified Public Accountants which is the world s largest member association representing the accounting profession) or use CPAverify. For EAs (Enrolled Agents), contact the IRS directly. 7) VERIFYING REFERENCES YOURSELF: Although organizations such as the Better Business Bureau and Dunn & Bradstreet offer a reference-based service, they do not guarantee the quality and proper licensing of firms. Hence, you may want to perform due diligence by contacting your local State Secretary s office and speak with references about services delivered by tax resolution professionals. Again, as this industry is not managed closely by governmental rules as other industries are that are required to have yearly background checks performed by the FBI or have education licensing requirements, it appears that fraudsters, such as convicted and self-proclaimed tax resolution expert James Earl Smiley, are able to commit identity theft. Using first names of individuals and making up quotes is easy especially for clever fraudsters. Companies like C6 ( ) offer services to know when your identity has been stolen, sold on the underground market and/or used by white collar criminals for crimes like credit card fraud, human trafficking and mail fraud. Upon reviewing the backgrounds of certain firms, I have been able to locate staff with arrest warrants posted online by their regional law enforcement authorities. M-CAT Enterprises, LLC - Proprietary Page 4
5 8) STAFF BACKGROUND CHECKS: I have acquired the services of several professional firms advertising that all staff had been verified upon employment, but upon performing my own background checks, I discovered criminal convictions, tax liens, open arrest warrants, and massive debt. When a firm employs former fraudsters to work on your case, not only are you facing identity theft, you are also not well represented before the IRS. Upon speaking with some executives, they were not even aware that members of their staffs had criminal records (confirming that tax resolution firms do not appear to be doing monthly or yearly in-depth background checks, which financial institutions are required to complete as part of their Know Your Employee (KYE) anti-money laundering internal programs). Hiring a criminal to get you out of a challenging situation is a sure path toward depletion of your current and future assets. Also, tax resolution firms may not include bios or specify on their websites the locations from where their personnel are working. As you will have to expose much of your personal financial information (such as credit card numbers, bank account numbers, investment numbers, etc.), you need to know whom you are dealing with. Demand a copy of all bios, verify all past employers, and verify social media profiles of the staff members who will be working on your case before you enter into a business relationship with them. You may be shocked by what you discover. 9) BUYER, BE AWARE OF MARKETING AND ADVERTISING GENIUSES: A common trend for all firms that are accused of fraudulent tax resolution services is their outstanding mastery of advertising, marketing, and social media services. Just like Patrick Cox spent millions monthly in advertising on television, more modern tax resolution fraudsters are extremely proficient with digital media, such as search engine optimization, and will locate you from tax lien listings. 10) PRESSURE SELLING: As many firms will force you to sign up without being able to get legal guidance, you may want to pay special attention to termination clauses for you as well as for the service provider. It is best to run your contract by a legitimate attorney before you enter a verbally binding or signed legal agreement. Some firms will take the money out of your credit card account even before the ink has dried, as they deem that your numerous discussions with corporate representatives should suffice as a verbal contract and authorization to charge your credit card. Be aware of tax resolution firms that claim to have been in business for many years but are only fly-by-night entities that will take your money and run. M-CAT Enterprises, LLC - Proprietary Page 5
6 As targeted audited IRS taxpayers already have enough stress, it is important to know about some of the recurring fraud indicators for several tax resolution firms. Not all firms are fraudulent, and many can help you resolve your case promptly. A good state-licensed tax attorney (JD), accountant (CPA), or enrolled agent (EA) is the key to getting you through this horrible experience without depleting your remaining assets and helping you avoid costly repeated audits that can be extended for seven years. For more information, please contact Anyck@mcatenterprises.com or visit M-CAT Enterprises, LLC - Proprietary Page 6
7 M-CAT Enterprises, LLC - Proprietary Page 7
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