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The firm specialty areas are Income Tax, Auditing and Business Assurance services. Outlines of services can be found by scrolling on the left hand side, detailed information can be found on service specific pages from the menu's above.

The income tax practice area focus of the firm is on tax preparation, tax planning, tax court representation, IRS representation, offers in compromise, filing of back taxes and the implementation of various tax saving strategies.

The full range of tax preparation and planning services are offered for hedge funds and day traders. Schedule D's are completed through a direct broker interface and can also be done for other CPA firms and tax practitioners on a cost efficient basis. Contact us if you need assistance with trader tax status, mark to market elections or the setting up of entities and compliance audits. Whether you trade stocks or commodities there are excellent tax saving strategies and an idea called tax loss insurance that you should find out about.

If you are being audited by the IRS or has the IRS levied your wages or filed a lien then contact us today, we can help. Don't ignore it, it does not go away. Contact this firm today, we will begin to deal with it immediately.

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Clients of this firm include tax attorneys, CEO's, insurance companies, construction companies, the auto industry, academia, musicians, not-for-profit organizations, real estate investors, jewelers, designers, veterinarians, stock market traders and day traders, analysts & hedge funds, military personnel, retirees and students to name a few. Client tax liabilities cover the spectrum ranging from millions of dollars to receiving earned income credits from the IRS.

As John Maynard Keynes put it " The avoidance of taxes is the only intellectual pursuit that still carries any reward."  Proactive tax planning is a necessary first step to reducing taxes, you spend up to 45% of your annual income on income taxes, shouldn't you be taking it seriously? Every taxpayer should pay their share of income taxes but not more due to poor planning or not deducting allowable deductions. 

I am pleased to offer you a free initial consultation.  Just call or email for an appointment. Of course, there is no obligation if you decide not to engage the services of my firm. Call today 858-752-1726 to schedule a consultation or contact  electronically. 

The preparation of a tax return is in many cases a simple matter of entering data into a computer program. Proper tax preparation is truly an intellectual pursuit and that is where the professionals such as certified public accountants distinguish themselves. CPA's look at preparation holistically, they view planning as a necessary first step in the tax preparation process. 

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Are you in trouble with the IRS? Are you being audited by the IRS or having your wages levied by the IRS or have a lien filed by the IRS. Did you know that you may be able to settle outstanding tax debts for pennies in the dollar? Have you not filed for many years? Did you forget to take a deduction a few years ago? Call today, there may very well be an easy solution to your problem, let us deal with the IRS on your behalf and stop worrying about it. +

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For the high net worth individual, the accredited or super accredited investor, we offer a unique program approach to tax, estate tax and asset protection planning and preparation. Programs last for approximately 5 days with a focus on wealth preservation. Does your estate tax planning strategy effectively remove your assets from your estate? Are you optimally utilizing privately placed  life insurance and gifting strategies? If not give me a call today. 

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BEWARE!

IRS Warns of E-Mail Scam That Uses 'Refund' as Bait The IRS may be holding a tax refund for you, but if you're getting e-mails about it, they're not from the IRS. It's a scam.

Questions pertaining to taxes

Review Your Tax Position after completion of your return

Set Up Your IRA 

IRS Releases Audit Guide To Field Agents For Veterinary Practices

The Bush administration plans to cut nearly in half the number of auditors who review tax returns of some of the wealthiest U.S. taxpayers.

Tax trap threatens millions in 2006 Efforts to slow the spread of the alternative minimum tax have bogged down in Congress, leaving more than 15 million taxpayers potentially susceptible to the "stealth tax" for the first time starting in 2006. More

IRS Releases Schedules M-3 for Insurance and S Corporations More

IRS Announces 2006 Standard Mileage Rates More

IRS to Raise Some User Fees in 2006 The Internal Revenue Service announced increases in selected user fees for 2006. The new fee structure will more accurately reflect the costs of processing various applications, ruling requests and opinion letters, the agency said. More

 

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 Dion Gouws San Diego CPA firm licensed in the State of California. The firms Services are categorized under Business Support Services which include areas such as bookkeeping including QuickBooks accounting and management consulting; Auditing which covers all areas of attestation and review services and; Income Tax Services which include tax planning, preparation, tax court representation and consulting. Please review the summaries on the upper left, they will in turn guide you to the relevant specialty areas.   CPA tax practitioners and firms are regulated by the Department of the Treasury's Circular 230 which sets high practice standards that don't apply to most tax return preparers, including commercial preparers. For text see IRS Circular 230.

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Taxpayers Have Until April 17 to File and Pay

 
IR-2007-15, Jan. 24, 2007

WASHINGTON — Taxpayers across the nation will have until Tuesday, April 17, 2007, to file their 2006 returns and pay any taxes due, the Internal Revenue Service announced today.

Taxpayers will have extra time to file and pay because April 15 falls on a Sunday in 2007, and the following day, Monday, April 16, is Emancipation Day, a legal holiday in the District of Columbia.

“This year, taxpayers have additional time to file and pay beyond the traditional April 15 deadline,” said IRS Commissioner Mark W. Everson. “As we always do, we encourage taxpayers to get an early start on their taxes to make sure they have plenty of time to accurately prepare their return.”

This means the entire country has an April 17 deadline. Previously, the April 17 deadline applied just to individuals in the District of Columbia and six eastern states who are served by an IRS processing facility in Massachusetts, where Patriots Day will be observed on April 16.

The April 17, 2007 deadline will apply to any of the following:

  • 2006 federal individual income tax returns, whether filed electronically or on paper.

     
  • Requests for an automatic six-month tax-filing extension, whether submitted electronically or on Form 4868.

     
  • Tax year 2006 balance due payments, whether made electronically (direct debit or credit card) or by check.

     
  • Tax-year 2006 contributions to a Roth or traditional IRA.

     
  • Individual estimated tax payments for the first quarter of 2007, whether made electronically or by check.

     
  • Individual refund claims for tax year 2003, where the regular three-year statute of limitations is expiring.

Other tax-filing and payment requirements affected by this change are described in IRS Publication 509, Tax Calendars for 2007, available on this Web site.

Most taxpayers will not have to change their plans in response to this announcement. Three out of four individual filers get refunds. Typically, returns claiming refunds are filed early in the tax season.

By law, filing and payment deadlines that fall on a Saturday, Sunday or legal holiday are timely satisfied if met on the next business day. Under a federal statute enacted decades ago, holidays observed in the District of Columbia have impact nationwide on tax issues, not just in D.C. Under recently-enacted city legislation, April 16 is a holiday in the District of Columbia. Officials recently became aware of the intersection of the national filing day and the local observance of the new Emancipation Day holiday after most forms and publications for the current tax filing season went to print.

Even with the extra time, taxpayers can skip the last-minute rush and avoid needless mistakes by filing early, taking advantage of the speed and convenience of electronic filing, choosing direct deposit for any refunds and paying any taxes due by direct debit or credit card. IRS.gov has further details on electronic filing and payment options and links to companies providing these services.

 

Additional Toyota and Lexus Vehicles Certified for the Energy Tax Credit

 
IR-2006-154, Sept. 29, 2006

WASHINGTON — The Internal Revenue Service acknowledged the certification by Toyota Motor Sales U.S.A., Inc., that several of their hybrid Model Year 2007 vehicles qualify for the hybrid tax credit enacted by the Energy Policy Act of 2005.

The certified vehicles are the Toyota Prius, Toyota Highlander Hybrid and the Lexus RX 400h 2WD and 4WD vehicles. The tax credit for hybrid vehicles applies to vehicles purchased on or after January 1, 2006, and may be as much as $3,400 for those who purchase the most fuel-efficient vehicles.

The hybrid vehicle certifications recently acknowledged by the IRS and their full credit amounts are:

  • 2007 Toyota Prius $3,150
  • 2007 Toyota Highlander Hybrid 2WD and 4WD $2,600
  • 2007 Lexus RX 400h 2WD and 4WD $2,200

The full credit amount for these Toyota and Lexus vehicles is available to qualifying purchasers through September 30, 2006.

This tax credit replaced the tax deduction of $2,000, which was previously allowed for taxpayers who purchased a new hybrid vehicle before December 31, 2005, for the clean-burning fuel deduction. Many currently available hybrid vehicles have been certified and qualify for the credit.

The credit for otherwise qualifying vehicles begins to phase out in the second calendar quarter after the quarter in which the manufacturer sells its 60,000th qualifying vehicle. Toyota has reported sales of 88,610 qualifying vehicles (41,779 in the quarter ended March 31, 2006 and 44,831 in the quarter ended June 30, 2006). The phase out period for Toyota vehicles will begin on October 1, 2006.

Therefore the applicable credit amounts during the phase out period for the 2007 model-year vehicles are as follows:

 

Qualifying
Vehicle

Purchased by 9/30/06

Purchased from 10/1/06 through 3/31/07

Purchased from 4/1/07 through 9/30/07

Purchased After 10/1/07

Toyota Prius

$3,150

$1,575

$787.50

No Credit

Toyota Highlander 2WD and 4WD


$2,600


$1,300


$650


No Credit

Lexus RX 400h 2WD and 4WD

$2,200

$1,100

$550

No Credit

 

IRS Announces Pension Plan Limitations for 2007

 
IR-2006-162, October 18, 2006

Washington — The Internal Revenue Service today announced cost of living adjustments applicable to dollar limitations for pension plans and other items for Tax Year 2007.

Section 415 of the Internal Revenue Code provides for dollar limitations on benefits and contributions under qualified retirement plans. It also requires that the Commissioner annually adjust these limits for cost of living increases.

Many of the pension plan limitations will change for 2007.  For most of the limitations, the increase in the cost-of-living index met the statutory thresholds that trigger their adjustment.  For example, the limitation under Section 402(g)(1) on the exclusion for elective deferrals described in Section 402(g)(3) is increased from $15,000 to $15,500.  This limitation affects elective deferrals to Section 401(k) plans and to the Federal Government’s Thrift Savings Plan, among other plans.

Effective January 1, 2007, the limitation on the annual benefit under a defined benefit plan under Section 415(b)(1)(A) is increased from $175,000 to $180,000.  For participants who separated from service before January 1, 2007, the limitation for defined benefit plans under Section 415(b)(1)(B) is computed by multiplying the participant's compensation limitation, as adjusted through 2006, by 1.0334.

The limitation for defined contribution plans under Section 415(c)(1)(A) is increased from $44,000 to $45,000.

The Code provides that various other dollar amounts are to be adjusted at the same time and in the same manner as the dollar limitation of Section 415(b)(1)(A).  These dollar amounts and the adjusted amounts are as follows:

The limitation under Section 402(g)(1) on the exclusion for elective deferrals described in Section 402(g)(3) is increased from $15,000 to $15,500.

The annual compensation limit under Sections 401(a)(17), 404(l), 408(k)(3)(C), and 408(k)(6)(D)(ii) is increased from $220,000 to $225,000.

The dollar limitation under Section 416(i)(1)(A)(i) concerning the definition of key employee in a top-heavy plan is increased from $140,000 to $145,000.

The dollar amount under Section 409(o)(1)(C)(ii) for determining the maximum account balance in an employee stock ownership plan subject to a 5 year distribution period is increased from $885,000 to $915,000, while the dollar amount used to determine the lengthening of the 5 year distribution period is increased from $175,000 to $180,000.

The limitation used in the definition of highly compensated employee under Section 414(q)(1)(B) remains unchanged at $100,000.

The dollar limitation under Section 414(v)(2)(B)(i) for catch-up contributions to an applicable employer plan other than a plan described in Section 401(k)(11) or Section 408(p) for individuals aged 50 or over remains unchanged at $5,000.  The dollar limitation under Section 414(v)(2)(B)(ii) for catch-up contributions to an applicable employer plan described in Section 401(k)(11) or Section 408(p) for individuals aged 50 or over remains unchanged at $2,500.

The annual compensation limitation under Section 401(a)(17) for eligible participants in certain governmental plans that, under the plan as in effect on July 1, 1993, allowed cost of living adjustments to the compensation limitation under the plan under Section 401(a)(17) to be taken into account, is increased from $325,000 to $335,000.

The compensation amount under Section 408(k)(2)(C) regarding simplified employee pensions (SEPs) is increased from $450 to $500.

The limitation on deferrals under Section 457(e)(15) concerning deferred compensation plans of state and local governments and tax-exempt organizations is increased from $15,000 to $15,500.

The compensation amounts under Section 1.61 21(f)(5)(i) of the Income Tax Regulations concerning the definition of “control employee” for fringe benefit valuation purposes is increased from $85,000 to $90,000.  The compensation amount under Section 1.61 21(f)(5)(iii) is increased from $175,000 to $180,000.

The limitation under Section 408(p)(2)(E) regarding SIMPLE retirement accounts is increased from $10,000 to $10,500.

Administrators of defined benefit or defined contribution plans that have received favorable determination letters should not request new determination letters solely because of yearly amendments to adjust maximum limitations in the plans.

 

Active-Duty Reservists Get Relief on Retirement Plan Payments: Refunds of 10-Percent Tax Available Back to 2001, New Law Says

 
IR-2006-152, Sept. 28, 2006

WASHINGTON — Military reservists called to active duty can receive payments from their individual retirement accounts, 401(k) plans and 403(b) tax-sheltered annuities, without having to pay the early-distribution tax, according to the Internal Revenue Service.

The newly-enacted Pension Protection Act of 2006 eliminates the 10-percent early-distribution tax that normally applies to most retirement distributions received before age 59½. The new law provides this relief to reservists called to active duty for at least 180 days or for an indefinite period.

Eligible reservists activated after Sept. 11, 2001, and before Dec. 31, 2007, qualify for relief from this tax. This tax is often referred to as the 10-percent early-withdrawal penalty. Regular income taxes continue to apply to these payments in most cases.

Early distributions from both Roth and traditional IRAs received by a reservist while on active duty qualify for this relief. Likewise, a reservist’s elective contributions and earnings distributed to him or her by employer sponsored 401(k) plans and 403(b) tax-sheltered annuities also qualify for this relief.

Because this relief is retroactive, eligible reservists who already paid the 10-percent tax can claim a refund by using Form 1040X to amend their return for the year in which the retirement distribution was received. Eligible reservists should write the words, "active duty reservist," at the top of the form. In Part II Explanation of Changes, the reservist should write the date he or she was called to active duty, the amount of the retirement distribution and the amount of early-distribution tax paid.

Reservists can choose to re-contribute part or all of these distributions to an IRA. Ordinarily, these special contributions must be made within two years after the reservist's active-duty period ends. However, if the reservist's active duty ended before Aug. 17, 2006 (the date the new law was enacted), he or she will have until Aug. 17, 2008, to make these special contributions. No deduction is available for these contributions.

 

I.R.S. Enlists Outside Help in Collecting Delinquent Taxes

By DAVID CAY JOHNSTON (NYT); National Desk

August 20, 2006, Sunday

If you owe back taxes to the federal government, the next call asking you to pay may come not from an Internal Revenue Service officer, but from a private debt collector.

Within two weeks, the I.R.S. will turn over data on 12,500 taxpayers -- each of whom owes $25,000 or less in back taxes -- to three collection agencies. Larger debtors will continue to be pursued by I.R.S. officers. Back to tax

The move, an initiative of the Bush administration, represents the first step in a broader plan to outsource the collection of smaller tax debts to private companies over time. Although I.R.S. officials acknowledge that this will be much more expensive than doing it internally, they say that Congress has forced their hand by refusing to let them hire more revenue officers, who could pull in a lot of easy-to-collect money.

The private debt collection program is expected to bring in $1.4 billion over 10 years, with the collection agencies keeping about $330 million of that, or 22 to 24 cents on the dollar. Back to tax

By hiring more revenue officers, the I.R.S. could collect more than $9 billion each year and spend only $296 million -- or about three cents on the dollar -- to do so, Charles O. Rossotti, the computer systems entrepreneur who was commissioner from 1997 to 2002, told Congress four years ago.

I.R.S. officials on Friday characterized those figures as correct, but said that the plan Mr. Rossotti had proposed had been forestalled by Congress, which declined to authorize it to hire more revenue officers. Back to tax

Critics of the privatization plan point not only to the higher cost but also to what they say is a greater potential for abuse. With private companies in the mix, they say, debtors could more easily be tricked into paying money to scam artists using spoof Web sites or other schemes, a problem the I.R.S. alerted taxpayers to in April. Brady R. Bennett, collections director for the I.R.S., said that by 2008, about 350,000 past-due tax records will be distributed among about 10 private debt-collection agencies. To guard against fraud, he said, the agencies will contact taxpayers only by telephone or mail -- not the Internet -- and will instruct them to send all payments directly to the United States Treasury, not the private collection agency. Back to tax

One of the three companies selected by the I.R.S. is a law firm in Austin, Tex., where a former partner, Juan Pena, admitted in 2002 that he paid bribes to win a collection contract from the city of San Antonio. He went to jail for the crime.

Last month the same law firm, Linebarger Goggan Blair & Sampson firms, was again in the news. One of its competitors, Municipal Services Bureau, also of Austin, sued Brownsville, Tex., charging that the city improperly gave the Linebarger firm a collections contract that it suggested was influenced by campaign contributions to two city commissioners. Back to tax

Joe Householder, a spokesman for Linebarger firm, which specializes in delinquent tax collections, said it had resolved the issues raised by the Pena case in 2002 and that it believed it had acted properly in Brownsville. The mayor of Brownsville, Eddie Trevino Jr., said that the contract vote had been unanimous and scoffed at the accusations of misconduct.

The two other companies that have won debt collection contracts from the I.R.S. are Pioneer Credit Recovery of Arcade, N.Y., a division of the SLM Corporation, and the CBE Group of Waterloo, Iowa. Back to tax

The main objection so far to the privatization program is that it is more expensive than internal collection. ''I freely admit it,'' Mark W. Everson, the tax commissioner, told a House of Representatives committee in March.

Privatizing government services is often promoted as a way to cut costs. But the government would probably net $1.1 billion from private debt collectors over 10 years, compared with the $87 billion that could be reaped if the agency hired more revenue officers, as Mr. Rossotti had recommended. Back to tax

Taxpayer rights are at risk with privatization, Nina B. Olson, the I.R.S. taxpayer advocate, warned Congress earlier this year. ''Because private collectors will operate under rules of profit maximization rather than the I.R.S.'s customer-service based policy,'' she warned, the private collectors may have less incentive to safeguard taxpayer rights.

Al Cleland, a retired I.R.S. tax collector in Minnesota, predicted that using private collectors would cause some debtors to owe more. Back to tax

''We always told people to get current on their taxes first, so they would not have more penalties added, and then work on paying off their back taxes,'' Mr. Cleland said. ''A private collection agency has no incentive to tell taxpayers that, so people will pay more penalties.''

Mr. Bennett of the I.R.S. said that such advice was correct, but that it applied primarily to small business firm owners, whose cases will not be sent to the private agencies.

Under federal budget rules, money spent to hire tax collectors is treated as a discretionary expense, and Congress is cutting discretionary spending. In business terms, the rules treat the I.R.S. as a cost center, not as the government's profit center. Back to tax

The private debt-collection firms program, however, is outside the budget rules because, except for the start-up costs, the collectors are to be paid from the proceeds.

August 20, 2006, Sunday    New York Times  Late Edition - Final Back to tax

IRS to Cut Audits on Wealthiest

July 24, 2006 (United Press International) — The Bush administration plans to cut nearly in half the number of auditors who review tax returns of some of the wealthiest U.S. taxpayers and Firms.

Plans call for eliminating 157 of the Internal Revenue Service's 345 estate tax lawyers, The New York Times reported. The cuts will affect audits of taxpayers who are subject to gift and estate taxes when they transfer assets to their children and others, the newspaper said. Back to tax

IRS Deputy Commissioner Kevin Brown told the Times he ordered the staff cuts because the number of Americans who are subject to the estate tax has fallen under the Bush administration.Back to tax

However, six IRS estate tax lawyers whose jobs are at risk told the newspaper the cuts are part of a behind-the-scenes move at the IRS to shield people with political connections and complex tax-avoidance devices from thorough audits.Back to tax

IRS estate tax lawyer Sharyn Phillips said the cuts were a "back-door way for the Bush administration to achieve what it cannot get from Congress, which is repeal of the estate tax."Back to tax

Brown said the savings from estate tax lawyer job cuts would be used to hire agents to audit income tax returns, especially those from people making over $1 million.Back to tax

© Copyright 2006 by United Press International

IRS limits tax break for HRA transfers

Business Insurance via NewsEdge Corporation :

WASHINGTON-Employees with health reimbursement arrangements will lose HRA tax breaks if their employers allow enrollees to transfer unused balances to anyone other than a spouse or dependent, the Internal Revenue Service says. Back to tax

If employers give employees the ability to designate that anyone can receive and use their HRA account balances to pay for medical expenses, the HRA will lose its tax-favored status and all HRA participants will be taxed on funds they receive from the HRA to reimburse them for medical expenses, the IRS said.

``Amounts paid to an employee under a reimbursement plan are not excludable from gross income...if the plan permits amounts to be paid as...medical benefits to a designated beneficiary other than the employee's spouse or dependents of the employee,'' the IRS said in Revenue Ruling 2006-36, which was released last week.

``Because the benefit is provided in connection with the performance of services by the employee, the benefit is considered provided to the employee and must be included in the employee's gross income,'' the ruling states.

Benefit experts aren't surprised at the IRS ruling, noting that it draws upon rules the IRS laid down three years ago, in which the IRS explicitly recognized the legitimacy of HRAs as a health care reimbursement vehicle.Back to tax

``The ruling confirms that the IRS meant what they said in 2002: HRA funds can only flow to employees, spouses and dependents,'' said Andy Anderson, of counsel to the law firm Morgan, Lewis & Bockius L.L.P. in Chicago.

While HRAs haven't received the level of publicity of a somewhat similar arrangement-health savings accounts-they are, in fact, much more common among large employers. For example, among employers with at least 20,000 employees that offered a consumer-driven health care plan in 2005, 89% provided an HRA, while only 11% provided an HSA, according to a survey by Mercer Health & Benefits.Back to tax

Like HSAs, HRAs are linked to high-deductible health insurance plans, with the arrangements used to reimburse enrollees for a portion of uncovered health care expenses, such as those that fall under the deductible.

Also like an HSA, unused HRA balances are automatically rolled over to pay for expenses incurred in succeeding years.

But there are important differences including:

* Employers can require that HRA balances be used only for reimbursement of medical expenses. By contrast, employees can use HSA balances for any reason, though they are taxed on the distribution if used to cover nonhealth care expenses.

* Only employers can fund HRAs. Federal law allows both employers and employees to fund HSAs.Back to tax

* Federal law lays down specific rules on how much money can be contributed each year to employee HSAs, as well as the design of the high-deductible health insurance plans that are linked to HSAs. No such restrictions are imposed on HRAs.

* Unless set up to pay for health care expenses after retirement, employees typically forfeit HRA balances when they terminate employment. By contrast, HSA balances belong to the employee.

In the ruling, the IRS described an arrangement in which the HRA is used to reimburse the medical care expenses of employees and retirees, their spouses and dependents. Additionally, the HRA reimburses the medical care expenses of a surviving spouse and dependents of a deceased employee.Back to tax

Upon the death of the deceased employee's surviving spouse and last dependent, or upon the death of the employee if there is no surviving spouse or dependent, an unused HRA account balance could be used to pay for any medical beneficiary designated by the employee. It's that last feature that causes the arrangement to lose its tax-favored status, according to the IRS ruling.

Benefit experts don't know how widespread such arrangements might be, though typically the IRS issues such rulings when it becomes aware of such a practice and wants to stop it.

``The IRS must have learned of the arrangement and wants to end it before it becomes widespread,'' said Sharon Cohen, an attorney with Watson Wyatt Worldwide in Arlington, Va.

Such arrangements would appeal, for example, to single employees who would want to give account balances to a close relative, such as a nephew or niece that faced significant medical care expenses.Back to tax

<<Business Insurance -- 08/28/06>>

IRS reports audits up 21 percent

Tax agency also cites highest number of audits in 10 years of those making $100,000 or more.

March 17, 2006: 5:52 PM EST Firms

NEW YORK (CNNMoney.com) - Just over 1.2 million individual income tax returns were audited in fiscal year 2005, according to a report released late Friday afternoon by the Internal Revenue Service.

That represents a 21 percent increase from a year earlier. That follows a 19 percent increase in audits in 2004.

The IRS also noted that the number of audits of high-income taxpayers -- defined as those with income of $100,000 or more -- reached 219,208, the highest figure in 10 years.

A table detailing individual return audits showed that the income groups with the highest percentage of audits were taxpayers who reported income under $25,000 and taxpayers who reported income between $100,000 and $200,000. Approximately 1.5 percent of returns reporting income under $25,000 were audited; while 1.41 percent of returns reporting income between $100,000 and $200,000 were audited.

The IRS was not available to comment on the report.

An IRS Audit

This Life Advice® section about An IRS Audit was produced by the MetLife Consumer Education Center with assistance from the Internal Revenue Service. Firms

What Is an Audit?
Why Me?
Which Deductions Are Likely to Be Challenged
What Now?
Do I Need Professional Help?
Can I Appeal the Findings?
Audit Advice
For More Information

Fear of being audited by the Internal Revenue Service (IRS) can leave even an honest taxpayer unnerved. It's important to be truthful when filing your taxes, of course, but it's even more critical to be prepared to substantiate your return with complete records if and when the IRS comes knocking.

What Is an Audit?

An IRS audit is generally an impartial review of your tax return to determine its accuracy. It is not an accusation of wrongdoing. But it is important to know that you, the taxpayer, have the burden of proving that your return is accurate. The IRS does not have to disprove anything. For example, if you gave $100 worth of old clothing to a charity but did not receive a receipt or have other proof that such a gift was made, you could be in trouble if you're audited. If the IRS questions the deduction and you cannot provide proper evidence that a gift, in such amount, was made, the deduction may be disallowed.

Why Me?

There are three categories of people most likely to be audited: people in cash businesses, certain professionals and people taking unusually large deductions.

  • Cash businesses are easy targets for the IRS. Many people in these businesses don't declare all their income, and the IRS knows it. If, for example, your occupation is listed as a hairdresser, waiter or bartender, it may raise a red flag. If you regularly receive cash for your work, be sure to report all the money you earn, including tips.
  • Professionals such as doctors, lawyers and accountants are also targeted. That's because they generally run their own businesses and do their own bookkeeping.
  • Large, unusual deductions are easily picked up by IRS computers. Although these deductions may be justified, they may still raise a red flag.

Which Deductions Are Likely to Be Challenged?

The IRS mandates that certain deductions must exceed a minimum percentage of your income before you can claim them. For example, medical deductions must exceed 7.5% of your income, and casualty loss deductions must exceed 10% before you can claim them. Only a small number of taxpayers qualify, so if you claim these deductions, keep careful records.

The IRS is also likely to look at your contributions to charity. If you deduct more than the IRS's statistical norms, you may be audited. You must have a receipt (not just a canceled check) for any single donation of $250 or more. If you do not have a receipt, the IRS may disallow the deduction. A home office deduction may also be questioned. If you deduct expenses related to a home office, that office must be used solely for business-related activities. You must also perform the majority of your business in that office. A doctor who uses a room at home to do bookkeeping would not qualify for a deduction because it is not his or her main place of business.

The IRS may also audit if they receive a tip that you are cheating on your tax returns.

What Now?

If you are notified that you will be audited, take it seriously but don't panic. First, read the letter from the IRS carefully and figure out what you are being asked to do. It may be as simple as signing your return. There are three basic types of audits, and the letter will explain which one applies to you:

  • A Correspondence Audit is for minor mistakes. A letter from the IRS will tell you what documentation to send them through the mail. Once the IRS is satisfied that it has the correct paperwork, the matter will be closed.
  • A Field Audit is one in which the auditor comes to your business or home to verify the accuracy of your return. This type of audit is usually done if the return is complicated and involves business operations. If your records are neat and in order, it will suggest to the auditor that you are a conscientious business person.
  • An Office Audit requires that you physically appear on a specific date and time at an IRS facility and bring your documentation. Bring only the documents asked for. Otherwise, you will leave yourself open to an examination of all your records, even if they are not in dispute. If you are unable to keep a scheduled audit appointment, phone and reschedule as soon as possible.

Do I Need Professional Help?

Probably. Taxation is very complicated and technical, and you will benefit from having an expert on your side. If you had an attorney or CPA prepare your return, you may want to bring that person to the audit. Professional tax preparation services will sometimes send someone to accompany you to an audit. Weigh the amount of tax in question against the cost of bringing a professional firm with you.

Can I Appeal the Findings?

You can either agree or disagree with the auditor's findings. If you agree, your experience with the IRS is finished upon completion of some paperwork and payment of any outstanding amounts. If you disagree with the auditor, the issues in question can be reviewed informally with the auditor's supervisor or you can appeal to the IRS appeals office, which is independent of the local IRS office that conducted the audit. If you do not reach an agreement with the appeals officer, you may take your case to the U.S. Tax Court, U.S. Claims Court or U.S. District Court. The Tax Court generally hears cases before any tax is assessed or paid. The Claims Court and District Court generally hear tax cases only after you have paid the tax and filed a claim for refund.

If you cannot decide to agree or disagree, the IRS has formal procedures to help you make up your mind. Within a few weeks of your audit, you will receive a letter that gives you 30 days to either agree with the auditor or file a formal appeal. The letter will explain the steps to take, depending on your choice of action. If you do not respond to the 30-day letter, or if you do not reach an agreement with the appeals officer, the IRS will send you a "statutory notice of deficiency," giving you 90 days to bring your case to the Tax Court. If you take no action, you lose your right to go to Tax Court, and the IRS will assess the additional tax against you.

Audit Advice

  • Don't rush. Respond promptly to a notification of audit, but don't hesitate to ask for a postponement if you need time to gather records.
  • Don't lie. Answer questions truthfully, but don't volunteer information that isn't asked for.
  • Be friendly. A positive attitude will go a long way.
  • Keep good records. The burden of proof is on you.
  • Keep records for seven years.
  • Educate yourself. Read IRS Publication 1, Your Rights as a Taxpayer. You can order this and other tax forms and publications by calling the IRS at 1-800-829-1040.
  • Ask for help. Call or visit the IRS for help in preparation of your tax return. Refer to your 1040 instruction booklet for a directory of telephone numbers for recorded information or "live" help.
  • Don't let the auditor keep your original documents.
  • Appeal the audit if you disagree with the findings.
  • Come clean. If you know one of your deductions is unsupportable, admit it and pay the tax.

If you have prepared your tax return truthfully and have saved receipts to back up your deductions, notice of an IRS audit should not make you unduly nervous. IRS employees, after all, are only doing the job we pay them to do.

 

IRS audits fewer businesses, more people

Researchers say the numbers show a flaw in the war on corporate scofflaws. The IRS says that ignores the reasons.

By Associated Press
Published April 12, 2004 Firms
 


 

WASHINGTON - The Internal Revenue Service audited fewer corporations, small businesses and partnerships last year but more individual taxpayers, according to a study of government data.

Syracuse University's Transactional Records Access Clearinghouse, in its analysis of IRS data made available Sunday, concluded that the audit rate for businesses of all sizes slid slightly last year to 2.1 audits for every 1,000 businesses, from 2.2 audits per 1,000 businesses the previous year.

At the same time, the IRS audited 14 percent more individual tax returns. The audit rate for individuals increased last year to 6.5 audits for every 1,000 taxpayers.

Official audit rates released by the IRS last month show a similar trend.

Researchers said the declining audits of businesses exposes a flaw in the administration's tough stance against corporate wrongdoing.

"These and a number of other measures - documented by the agency's own data - indicate that the actual performance of the IRS differs in significant ways from some of the Bush administration claims when it comes to cracking down on corporate scofflaws," the report said.

Researchers point specifically to declining audits of the largest corporations and a type of business organization that passes income and taxes on to its shareholders or partners - an arrangement found to have been improperly used in some corporate accounting scandals.

IRS commissioner Mark Everson said in an interview that the agency's broad attack on corporate tax evasion does not show up in the audit numbers.

"Am I satisfied with the numbers? No. I want to see them go up," he said. "I'm not surprised that that's lagging the other indicators. And while I think it's an important indicator, it doesn't tell the whole story."

Some advocates said the trend appears troubling.

"What struck me first was the commissioner earlier this week said that they'd increased enforcement and then I look at these numbers and say, "What is he talking about?"' said David Keating, senior counselor for the National Taxpayers Union. "It really opens up a credibility gap."

In a detailed written response, the IRS said the study ignores the reasons for the decline in corporate audits and other enforcement actions taken against businesses.

The IRS said the decline can be attributed partly to the explosive growth in tax shelters, which make audits more intricate and time-consuming. Tax collectors worked more than 2,200 corporate tax shelter returns in 2003. Each takes an average 71/2 months longer than other corporate returns, and their number is growing.

The agency's work force has shrunk while its workload has grown, the IRS said.

The agency has been criticized for shifting money from tax enforcement to pay for other administrative costs. Everson said he has reversed that practice and expects the agency will have hired 250 more agents by autumn. If the agency gets the budget requested by the president, it will hire an additional 600 agents by the same time next year, he said.

Audits and other enforcement activities declined sharply in the late 1990s when Congress mandated that tax collectors pay more attention to customer service.

The Syracuse University study concludes that audits of individuals increased last year. Much of the increase occurred in correspondence audits, not face-to-face meetings between revenue agents and taxpayers.

Researchers said the audits "by their very nature are comparatively superficial."

The IRS said correspondence audits are faster and cheaper than traditional audits. The average additional tax assessed in a correspondence audit was $3,338 last year.

[Last modified April 12, 2004, 01:05:27] Firms
 
NEW YORK (CNN/Money) - The IRS announced Thursday that the number of tax-return audits in 2005 increased by over 20 percent, to 1.22 million, the highest number in seven years.

In addition, increased audits led to a 10 percent growth in "enforcement revenues," to $47.3 billion.

IRS Commissioner Mark W. Everson said the better enforcement stemmed from increased efforts to train employees to comply with the 1998 IRS reform act.

"Part of the increases comes from improved procedures and part from a new emphasis on enforcement," he said.

Audits of high-income individuals -- with salaries more than $100,000 -- reached their highest level in 10 years, at 221,000.

Everson said he felt that the coverage in this category was still low compared to his goals, with only 1 in 63 high-income individuals being audited.

After several years of decline, audits of small corporations more than doubled, to almost 18,000.

And audits of corporations with assets of over $10 million increased 14 percent, to nearly 11,000.

Everson also noted that audit rates were still below their mid-1990s highs, but had increased dramatically from just a few years ago.

"We do not have overall audit targets. We have certain priorities -- high-income individuals and corporations who might use tax shelters, for instance," he said. "Our goal is to make sure that fairness resonates throughout the system. The average American needs to know that when they pay, their neighbors and competitors are doing the same."

The agency also reported that levies and liens had recovered to levels last seen in 1998, and that seizures were up slightly from 2004.

The IRS budget for fiscal year 2005 was $10.2 billion, and President Bush has recommended an increase to $10.7 billion for 2006.

Types of Audits
There are many ways the Internal Revenue Service determines if an audit is going to occur on your tax return. Some of them are as follows:

1. The Differential Income Factor (DIF) Method

Each tax return that is submitted to the Internal Revenue Service is given a score based on the amount of income you report and the deductions you claim on your tax return. If the score your tax return receives exceeds a particular threshold for your income, then the Internal Revenue Service could select your return for audit. For instance, if you earn approximately $50,000 and you have medical expenses in excess of $7,000, this would give you a higher DIF score than someone who has medical expenses of only $4,000.

Further, if you report home mortgage interest of approximately $15,000 and your income is $35,000 then your DIF score is higher than someone with the same income showing only $7,000 in home mortgage interest. The higher the expenses relative to the income, the higher the DIF score.

2. The Information Returns Factor Method

All W-2s and 1099s are submitted to the Internal Revenue Service every year. Then the Internal Revenue Service records the social security numbers from these documents and matches them to the social security numbers on the tax returns that are submitted. If you have received a 1099 INT (Interest Income) showing $1,000 from a bank or credit union but only report $500 worth of interest income on your tax return, the Internal Revenue Service will catch this. They will match the 1099 INT against your tax return, based on your social security number, and they will see that you underreported your interest income by $500. This will select your tax return for audit.

3. The Random Selection Method

All tax returns are submitted into a computer random number generator. The tax returns with the high DIF scores and non-matched information are taken out. A certain number of tax returns are picked at random to make sure the needed four million tax returns are audited on an annual basis.

These are some of the methods the Internal Revenue Service uses to determine who is being audited. Once these tax returns are selected for audit, they are assigned to Internal Revenue Agents and Revenue Officers. This is known as assigning cases or inventory to the auditor.

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Find out what the IRS knows about you

When your tax return is selected for audit, it is given a certain transaction code (TC). The code identifies it as being selected for audit. Each of us who submits tax returns to the Internal Revenue Service has a record that is kept by the IRS for many years. These records are known as our INDIVIDUAL MASTER FILE (IMF).

Since 1974 the Freedom of Information Act has allowed us to access this IMF. The IMF will give information on a computer generated report about each taxpayer the IRS has on record. For instance, if you have been selected for audit, the IMF will tell you. It will also tell you if your tax return has been received by the IRS, if additional taxes have been assessed, and what the final collection date is for the tax return and many other codes that are interrupted from the IMF.

Since cases (inventory) are assigned to agents up to six months before the taxpayer is even notified of an audit, a copy of your IMF, can tell you whether or not your tax return has been selected for audit.

 

What to do if you get a notice from the IRS

If you receive a notice from the IRS, don't ignore it. You can rest assured that the IRS will not just go away. All contacts by the IRS should be handled promptly. Unless you are an accomplished IRS "fighter," you would be wise to seek professional assistance from the very first correspondence.

If you are contacted by any government agency concerning your tax matters, your first call should be to our firms. Our firm will take care of it so that you can get on with your business.

IRS Wage Garnishments

A wage garnishment stays in effect until the tax is fully paid or until the IRS agrees to release the wage garnishment. IRS frequently uses wage garnishments to collect taxes owed through your employer. Once a wage garnishment is filed, the employer is required to collect a percentage of each paycheck. IRS wage garnishment requires that a large percentage of taxpayer's wages be turned over directly to the IRS.

Below are the sections from the IRS Internal Revenue Manual that deal with IRS levies and wage garnishments.

5.11.5.1 (05-05-1998)
Introduction

An individual's wages, salary, and other income can be levied. Wages and salary include payment for personal services in a work relationship.

5.11.5.2 (05-05-1998)
Employer Threatens to Fire Taxpayer Because of a Levy

  1. Sometimes an employer threatens to fire an employee to avoid handling a levy. This might be a violation of 15 USC 1674.

  2. If the employer fires the taxpayer because of this, the employer might be fined 00. There may also be a one year prison term.

  3. Refer the taxpayer to the Wage and Hour Division of the Department of Labor (DOL). DOL, not IRS, must decide if the employer violated the law.

5.11.5.3 (09-04-1998)
Continuous Effect of Levy

  1. Unlike other levies, a levy on wages and salary has a continuous effect. It attaches future paychecks, until the levy is released. Wages and salary include fees, bonuses, and commissions. All other levies only attach property and rights to property that exist when the levy is served.

    Example: If a bank account is levied, it only reaches money in the account when the levy is served. It does not affect money deposited later.

  2. When other income is levied, the levy only reaches money the taxpayer has a fixed and determinable right to. Also see 6.1, about retirement and benefit income.

    Example: A levy is served to take an author's royalties. The author has a fixed and determinable right to royalties for books that have already been published. The levy reaches royalties for sales of those books in the future. The levy does not reach royalties for books that are written and published later. A new levy must be served to take those royalties.

  3. Also, see 6.11.1 when a levy is served on a non-liable spouse in a community property state.

5.11.5.4 (05-05-1998)
Exempt Amount

  1. Part of the taxpayer's wages, salary, and other income is exempt from levy.

  2. The weekly exempt amount is:

    • The total of the taxpayer's standard deduction and the amount deductible for exemptions on an income tax return for the year the levy is served.

    • Then, this total is divided by 52.

  3. Income that is not paid weekly is prorated, so the same amount is exempt.

  4. In addition, the amount the taxpayer needs to pay court ordered child support is exempt. However, the order must be before the date of the levy.

    Note: The support order can be from a court or administrative process under the laws and procedures of a state, territory or possession.

    Reminder: If support is allowed, the same child can not be claimed as an exemption for figuring the exempt amount. See (2)a.

    If the taxpayer has already shown proof of the required child support payment.

    Then write, "Under section 6334(a)(8) of the Internal Revenue Code, $ ____________________ is exempt from this levy."

    If the taxpayer shows proof of the child support after the levy is served.

    Then release enough of the levy, so the support can be paid.

  5. The taxpayer is not entitled to the support exemption, unless the support is being paid.

    • Consider getting the taxpayer to have the payment withheld and sent directly to the person with custody.

    • Instead, the taxpayer may make the payment through the Service, which will forward the payment. When there is no open assignment, have the payments sent through Case Processing Support. This may happen if the payments are being monitored in the service center.

5.11.5.4.1 (05-05-1998)
Claiming the Exempt Amount

  1. The Notice of Levy on Wages, Salary, and Other Income includes a Statement of Exemptions and Filing Status. The employer gives this to the taxpayer to complete and return within three days. If it is not received by then, the amount is figured as if the person is married filing separate with one exemption. The taxpayer can give the statement to the employer later to change the exempt amount.

    Note: The employer needs to use this Statement rather than the employee's W-4. Taxpayers may claim different exemptions for withholding from those claimed on their return.

  2. Publication 1494 is sent with the levy to help figure the exempt amount.

  3. The taxpayer can give a new statement to the employer later to have the exempt amount computed again.

    Example: The taxpayer's filing status or personal exemptions may change.

    Example: There may be a change in exempt rates in a new year.

  4. The statement is completed under penalty of perjury. Generally, accept the information on the statement, unless there is reason to question it. If it is disallowed, notify the employer and the taxpayer in writing. The taxpayer can show evidence that the statement is right and ask for a manager's review.

5.11.5.4.2 (05-05-1998)
Employers with Centralized Payrolls

  1. Some employers have a centralized payroll, so the payroll is not handled where most employees work.

  2. Consider mailing the statement of exemptions and filing status directly to the taxpayer. This avoids the delay of the employer remailing it.

    • Send Part 1 of the levy and Notice 484 to the employer.

    • Send the other parts of the levy and Notice 483 to the taxpayer.

5.11.5.4.3 (05-05-1998)
Joint Liabilities

  1. For joint liabilities, generally, levy the income of the spouse with the larger income.

  2. Levy both incomes only in flagrant cases of neglect or refusal to pay. Get manager's approval to do this. If taxpayers are separated, consider collecting from the second spouse before allowing the entire amount to be paid by levy on one person's income.

    IF the taxpayers are filing as married filing jointly & both taxpayers' incomes are levied

    Then only one of them can claim the standard deduction for figuring the exempt amount.

    If the taxpayers are filing with any other filing status & both taxpayers' incomes are levied

    Then both can claim the standard deductions for their filing status.

    If the taxpayers are remarried and filing as married filing jointly with the new spouses & both taxpayers' incomes are levied

    Then both can claim the standard deductions for their filing status.

  3. When both spouses' incomes are levied, neither spouse can claim the other one as a personal exemption.

5.11.5.4.4 (05-05-1998)
Taxpayers with More Than One Source of Income

  1. Consider income from all sources when a taxpayer has more than one source.

    If the taxpayer is getting the exempt amount from one source of income that is levied & another source of income is levied, too.

    Then include Letter 1697(P) with the second levy to tell the employer not to allow any exempt amount.

    If the taxpayer has a source of income that is not levied & that source of income is at least as much as the exempt amount.

    Letter 1697(P) can be included with a levy on another source of income to tell the employer not to allow the exempt amount.

  2. See Exhibit 5.11.5-1, for a copy of Letter 1697(P).

5.11.5.4.5 (05-05-1998)
Taxpayer's Payroll Deductions

  1. A levy legally attaches the taxpayer's gross income minus the exempt amount. However, see Policy P-5-29. By policy, a levy only attaches the taxpayer's usual take home pay.

    Exception: Voluntary deductions can be disallowed, if they are so large they defeat the levy.

  2. Generally, allow the taxpayer to maintain deductions they already have when the levy is served. Notify the employer and the taxpayer of deductions that must stop while the levy is in effect. The taxpayer can ask for a manager's review of this.

    Example: The taxpayer has a deduction used to buy shares in a mutual fund.

  3. Generally, employer's should not allow new voluntary deductions after receiving the levy. Exceptions can be allowed on a case by case basis, with the Service's approval.

    Example: The taxpayer can not join the company insurance plan, until he is on the job six months. The levy is served before then. The amount of the premium is not unreasonable.

  4. The method that the taxpayer is paid is not relevant to take home pay. Direct deposit is not a payroll deduction.

5.11.5.4.6 (07-26-2002)
Severance Pay

  1. The taxpayer may leave a job and get severance pay.

    If severance pay is attributable to pay for a period of time.

    Then the exempt amount is based on that time period.

    If severance pay is not attributable to pay for a period of time.

    Then the amount exempt for one pay period is used.

    Example: Severance pay is one week's pay for each year on the job. A taxpayer on the job for ten years gets ten weeks' severance pay. The taxpayer gets a paycheck every two weeks for ten weeks. Two weeks' exempt amount is subtracted from each check, just like the person was still working for ten weeks.

    Example: The same facts as above, but the taxpayer gets the amount in one payment. The payment is attributable to ten weeks' pay. The employer is just making an "advance" payment, instead of writing a series of checks. The taxpayer gets ten weeks' exempt amount.

    Example: A taxpayer gets a lump sum that is not attributable to a period of time. This could be, for example, an incentive payment to retire early. The exempt amount is based on the taxpayer's regular pay period. If there is no regular pay period, use one week's exempt amount. Similarly, if the taxpayer gets 00 for each year on the job, this is not attributable to pay periods. A person getting ,000 for being on the job ten years does NOT get ten years' exempt amount.

  2. This assumes the person is not already getting the exempt amount for a pay period at the same time. If both are being received, the taxpayer does not get the exempt amount twice.

    Example: The taxpayer is paid for both the last pay period worked and severance on the last pay day. The taxpayer only gets the exempt amount once.

5.11.5.5 (07-26-2002)
Levy Payments

  1. Credit levy payments on the date they are received. Apply the money in the most advantageous way to the government. Generally, apply it to the oldest assessment, first. The taxpayer can not designate how to apply the money, because this is not a voluntary payment.

  2. Use designated payment code (DPC) 05 for levy payments. Use DPC 15 for other payments caused by a levy, if they are not levy proceeds.

    Example: A wage levy prompts the taxpayer to pay the amount owed, to get the levy released. Code this payment with DPC 15.

  3. Payments for these levies may be small. Decide if the amount owed should be paid from the levy proceeds. When the payments are small compared to the amount owed, though, consider other enforced collection.

    If Payments are being monitored in CFf & one more payment is expected to pay off the amount owed.

    Then use Form 668-D to give the employer a payoff figure and release the levy after that is paid.

    If at least two payments are received & no additional collection is warranted.

    Then consider transferring the case to the service center for monitoring. Get management approval, first. See 2.4.9 and 4.3.3.5 of IRM 105.1 Collecting Contact Handbook.

California, La Jolla, San Diego.