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Attorney Profiles

Todd Spodek (Managing Partner)

Mr. Spodek decided early on in his life to focus his education and experience on trial work. Todd Spodek attended Northeastern University in Boston, MA and majored in criminal justice. This background provided an indispensable tool in the representation of criminal defendants in grand jury investigations, pre-trial hearings, trial, appeals and navigating the corrections process.…

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I Told the Person from the IRS That I Wanted to Talk to a Tax Attorney Before I Answered any Further Questions. He Said I Didn’t Need an Attorney. Do I?

You have a 100% legal right to be represented by the tax professional of your choice. The IRS might try to discourage you from exercising that right.

You have to ask, why are they doing this?

It’s likely the IRS doesn’t want you to know about all of your options.

If you’re being audited, you’ll get a mail notice inquiring about things on your taxes. the IRS might ask about charitable giving, a tax form, etc. The letter will give you details about what you need to do. They’ll ask for your response, and a deadline for sending the response back. In general, the IRS will request documents.

At this point, you can try and solving the audit on your own. You should make photo copies of all relevant records, etc. For instance, if the IRS questioning how much you tithed to the church, you should make a photo copy of the annual total tithe paperwork your church sent you. If they’re inquiring about things like your home office, then take pictures of it.

If you discover you made a mistake, and you’re missing records, don’t panic. If you hire an attorney, then you’re in a better position. If you receive a second notice from the IRS which either IGNORES or CHALLENGES your first notice, then it’s time to start hiring a professional. If your taxes were done by an accountant, or you used a tax program, then contact that company and they’ll provide you with an accountant to verify the accuracy of your taxes. At this point, an accountant is your option. The IRS is simply inquiring about your taxes, and isn’t charging you with a crime YET. But they are close. If your taxes and financial are correct, then it’s likely that the issue will end. Once your accountant verifies your records, they’ll contact your local IRS office and handle the matter for you. If the accountant finds a mistake, then pay the IRS and be done with the issue. If the amount is too expensive, but you were at fault, then contact the IRS to setup a payment plan.

It’s necessary to hire a criminal attorney in the event of an audit, when the IRS is charging you with a crime. The most common crimes that the IRS charges people with are tax evasion, and tax fraud. If you are being audited about big mistakes, the IRS may charge you with fraud. If they are charging you – the notice will say.

At this junction, if the IRS tells you NOT to hire an attorney, it’s because they don’t want you to be well prepared. It’s crucial that you hire an attorney who is on your side and can help you navigate this process.


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