4 Issues To Discuss With A Tax Attorney

Law Blog

A tax attorney can provide a surprising amount of perspective on many topics. Even if you have access to a lawyer whose practice overlaps with tax law, such as a business attorney, it might be wise in some circumstance to talk with someone who exclusive deals with tax questions. Here are four topics that tax attorneys can shed more light on.


If you receive a notice from a local, state, or federal authority, the first thing to do is to take it seriously. Make copies of it and show them to a tax attorney. They'll be able to address questions about the legitimacy of the notice and how to respond.

Notices can be issued regarding many things. For example, if the IRS believes you underpaid on your taxes, they might send a notice. This is not an official statement that you owe money, but will still look and sound very scary. A notice usually requires a written response, and it's not uncommon for the IRS to demand supporting documentation if you're rejecting the claim from the notice.

Retirement Choices

All retirement decisions have tax implications. For example, there are sometimes penalties for withdrawing money from a 401K account before the age of 59.5. A tax attorney can help you understand the pros and cons of different approaches to retirement and taxes.

It's wise to consult with a lawyer any time you set up or close an account, and the same applies when withdrawing money. Incurring penalties can wreck your retirement timeline.

How to Configure a Business

The type of business you set up can have major tax implications. Tax attorneys can explain the benefits and weaknesses of operating as a sole proprietor, an S-corp, an LLC, or some other style of enterprise. Before you file paperwork to incorporate your business, have a tax attorney consider how you might want to arrange your operations.

Tax Cases

Local, state, and federal agencies can and do pursue legal actions against individuals, businesses, and organizations. The process will be similar to receiving a notice, but the big difference is you'll be ordered to appear before a tax court judge. The burden of proof in these cases is a little murkier than in civil proceedings, and it's way weaker than anything used in criminal court. It's wise to have a tax attorney at your side to help you assemble, present, and argue your case.


23 April 2020

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