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How to Prevent IRS Harassment During an Audit or Investigation

How to Prevent IRS Harassment During an Audit or Investigation

Dealing with the IRS can be stressful under the best of circumstances. However, if you find yourself the subject of an audit or investigation, it’s important to know your rights and how to protect yourself from potential IRS harassment or abuse of power.

In this article, we’ll explain some common problems that arise during IRS inquiries, and give you practical tips to prevent mistreatment by IRS agents. We’ll also discuss your legal protections and how to enforce them.

Common Problems with IRS Audits and Investigations

Here are some typical issues taxpayers face when dealing with invasive or harassing IRS audits or investigations:

  • Fishing expeditions – IRS agents asking broad, sweeping questions without reasonable suspicion of wrongdoing.
  • Requests for sensitive personal information that’s irrelevant to your tax liability.
  • Threats or intimidation tactics, like unannounced visits to your home or business.
  • Failure to fully explain the reasons for the inquiry or audit.
  • Not allowing you to consult legal counsel or accountants.
  • Drawn-out proceedings without resolution.

These types of IRS agent behavior are unacceptable. Fortunately, there are steps you can take to enforce your rights and prevent IRS harassment.

Tips to Protect Yourself from IRS Mistreatment

Here are some practical tips to protect yourself during an IRS audit or investigation:

  1. Always consult a tax attorney or CPA. Having expert representation is your best defense against IRS overreach.
  2. Don’t consent to open-ended interviews. Politely insist the agent provide you with a clear explanation of the issues and scope of questioning.
  3. Don’t answer questions unrelated to the inquiry. You can simply say, “I don’t see how that’s relevant.”
  4. Record all interactions with the IRS in writing. Follow up phone calls with confirmation emails summarizing the conversation.
  5. Don’t provide more information than legally required. Answer questions fully, but don’t volunteer extra details.
  6. Remain professional, calm and courteous in all interactions.
  7. If you feel mistreated, file formal complaints through IRS channels, your Congressman, and the Treasury Inspector General for Tax Administration.

Taking these steps helps create a paper trail and apply pressure on the IRS to correct any agent misconduct. But you also have specific legal rights that protect taxpayers from harassment.

Christine Twomey
Christine Twomey
2024-03-21
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Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
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Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
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Loveth Okpedo
2024-03-12
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Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
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divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Your Legal Protections Against IRS Harassment

Several key laws and regulations prohibit IRS agent harassment and limit the scope of audits and investigations. If the IRS violates these rules, you can take legal action to enforce your rights.

Taxpayer Bill of Rights

The Taxpayer Bill of Rights provides ten fundamental rights for all taxpayers, including:

  • The right to quality service and fair treatment.
  • The right to appeal IRS decisions.
  • The right to challenge the IRS position and be heard.
  • The right to privacy and confidentiality.

Citing these rights can help restrain invasive IRS agents who overstep their authority. Make sure any complaints reference the specific rights being violated.

Required Disclosures

IRS agents must provide taxpayers with a comprehensive Publication 1 detailing your rights under audit. This includes:

  • Explanation of the audit process and taxpayer rights.
  • Description of enforcement procedures like liens, levies and seizures.
  • Contact information for taxpayer advocates.

If an agent fails to properly disclose this information, you can file a complaint or sue for damages.

Reasonable Suspicion

IRS audits and inquiries must be based on “reasonable suspicion” of wrongdoing or tax issues. Fishing expeditions without evidence of problems are prohibited. If you believe the IRS lacks reasonable suspicion, consult a tax attorney about challenging the audit’s legality.

Harassment Laws

Workplace harassment laws like IRM 1.20.3 protect taxpayers from threatening, intimidating, or offensive conduct by IRS personnel. This includes sexual harassment, discrimination, retaliation, and other mistreatment.

If an IRS agent engages in any type of harassment, document the misconduct and file complaints immediately. This creates a record that can support legal action against the IRS.

Enforcing Your Rights

If you believe an IRS audit or investigation has violated your rights or constituted harassment, here are some enforcement options:

  • Administrative Complaints – File complaints through IRS channels like the Taxpayer Advocate Service.
  • Inspector General – Report IRS misconduct to the Treasury Inspector General for Tax Administration.
  • Legal Action – Consult a tax attorney regarding lawsuits for damages related to IRS abuses.
  • Congressional Help – Ask your Senator or Congressman to intervene on your behalf.

Enforcing your rights takes persistence and meticulous record-keeping. But taxpayers have recourse against IRS harassment, and you can protect yourself by knowing the rules and procedures.

Avoiding Problems from the Start

Your best defense against IRS harassment is avoiding tax trouble in the first place. Here are some tips:

  • Always file accurate, timely returns and pay taxes owed.
  • Maintain thorough tax records and documentation.
  • Seek help from a tax professional if you have a complicated return.
  • Respond promptly to all IRS notices and inquiries.
  • Cooperate fully during audits, but don’t volunteer extra information.

Following the tax rules and being prepared reduces your audit risk. But if the IRS does come calling, knowing your rights and enforcing them vigorously can help prevent harassment.

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