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Legal Tips-Part II - Government Tax Representative Contact

  

"Dibble's Do's and Don'ts Tax Rules"

   

 Part II - Government Tax Representative Contact
(PDF Copy)

  1. Contact by Government Tax Representative - Record.  Every time you are contacted by a government tax representative, whether in person or by telephone, obtain their full name (make the representative spell their name) and phone number, and keep a record of that information along with the date and time and your location (for example, your home, office, etc.) at the time of the contact.

  2. Contact by Government Tax Representative - Reporting.  Every time you are contacted by a government tax representative, report that contact to your tax attorney, if you have retained one.

  3. Visit by a Government Tax Representative.  Never allow a government tax representative into your home, unless they have a search warrant or some other legal authority to do so. If they come to your home to talk to you, meet them outside of your home, no matter what the weather.

  4. Speaking to a Government Tax Representative.  After you sign a Power of Attorney authorizing a tax attorney to represent you, never speak to any representative of that tax authority and never respond to any questions that they ask. However, if you are contacted by one (a) obtain their name and phone number, (b) tell them the name of your tax attorney, and (c) ask them not to call you again but rather call your tax attorney.

  5. Receipt of Tax Mail.  If you receive any mail from a tax authority, give a complete copy of the mail to your tax attorney, including all of the contents, the envelope (with the postmark intact) and any notices or statements about your rights contained in the envelope.

  6. Relationship with Government Tax Representative.  Never threaten a government tax representative with physical harm . Never try to bribe a government tax representative. You may be firm about your tax position with a government tax representative, but never be discourteous. If you believe that the government tax representative was discourteous, abusive or unreasonable, contact his or her supervisor, or a tax attorney for help.

  7. Statements to a Government Tax Representative.  Never tell an untruth to a government tax representative. Never give a form to a government tax representative that contains an untrue statement.

  8. Dishonest Tax Advisor.  Never deal with, and promptly terminate,  any tax advisor who advises you to tell an untruth to any government tax representative, or advises you to give a form to a government tax representative that contains an untrue statement or that contains false information about income or deductions. In both of these situations, an experienced tax attorney will have a better solution than to be untruthful.

  9. Appointments with Government Tax Representative.  If you agree to call, or to do something for, a government tax representative by a certain time, do not ignore the deadline. If you are unable to comply with the deadline, make contact with the government tax representative and obtain an extension of time to comply.

  10. Tax Records Requested by Government Tax Representative.  Never voluntarily give original records to any tax authority. If they have the legal right to seize them, do not interfere with the seizure. If you give tax records to a government tax representative, always give them only copies.

  11. Request by Government Tax Representatives for Returns that Have Not Been Filed .  If you have failed to timely file tax a return, and you have been contacted in person by a government tax representative who has requested that you file the original of that return with the tax representative, you should promptly prepare the return but do not file it electronically or give it to the tax representative. Instead, you should contact your tax attorney in order to determine if you are possibly involved in a criminal tax investigation, and, if not, if the original of the return should be given to the tax representative requesting the return or if a copy of the return should be given to the tax representative and the original of the return should be mailed to the appropriate government address where such returns are normally filed.

  12. IRS Form 433-A and NYS DTF-5 Completion.  If you are asked to complete an IRS Form 433-A or a NYS Form DTF-5, do not complete them without the assistance of an experienced tax attorney unless you have no income, no assets and are being supported by another person or entity.

  13. Cash on Hand Statements.  Never tell any government tax representative how much cash you had at any time that was not in a bank account or other financial institution without the advice of a tax attorney.

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