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Jim Malone Presents on Tax Audits and the Role of Attorneys to Regional Accounting Firms on Nov. 25 and Dec. 2

Tax Controversy Practice Group Co-Chair James R. Malone, Jr. presented, "Audits and their Aftermath: A Review of Situations When a Tax Lawyer Might Help," to the staff and accountants of Shechtman Marks Devor, P.C. on November 25 and Smart Devine (part of Marcum LLP) on December 2.

The presentations reviewed key instances in the lifecycle of a tax audit and appeals to the IRS in which an attorney's counsel may be beneficial, or required.

Examples include:

  • Large audits in which the IRS involves attorneys.
  • Behind the scenes technical advice in a civil audit context.
  • When the accountant suspects that the client has engaged in potential criminal activity.
  • When an employer has failed to withhold and pay over payroll taxes, an area in which criminal enforcement is now a priority.
  • When there has been a significant adjustment and the taxpayer needs to evaluate their options including an administrative appeal, a petition to Tax Court followed by a docketed appeal or pursuing refund litigation.

Mr. Malone also discussed Circular 230 Standards, which govern practice before the IRS, and sensitive issue or “eggshell audits.”