Tax Attorneys

What do tax attorneys do?

Tax attorneys represent individuals, businesses, and not-for-profit organizations before governmental taxing bodies or in court, and counsel them about their tax liabilities and their rights under the many laws that govern taxation.

At which levels of government do tax issues arise?

All levels of government—federal, state, and local—are involved in taxation.

What are the most common kinds of taxes?

The most common types of taxes include the following:

  • income taxes;
  • estate and gift taxes;
  • sales and use taxes;
  • capital gains taxes;
  • corporation and business taxes;
  • retirement taxes;
  • real property taxes;
  • personal property taxes;
  • real estate transfer taxes; and
  • excise taxes.

In what situations do tax issues arise?

Many, if not most, interactions among individuals, businesses, other organizations, and the government create the potential for tax liabilities. Here are some of the most common situations in which tax issues arise:

  • buying, selling, and leasing real estate;
  • starting a new business;
  • buying or selling a business;
  • divorce and other family law situations;
  • filing for bankruptcy;
  • estate planning;
  • buying, selling, and leasing goods;
  • buying or selling services;
  • loss of or damage to property, including as a result of accidents and natural disasters;
  • earning income as an employee or independent contractor;
  • paying the employees and independent contractors who work for your business;
  • being audited or accused of tax fraud;
  • serious injury or disability;
  • birth or adoption of a child;
  • retirement; and
  • death of an individual.

When would I need a tax attorney?

You need a tax attorney whenever:

  • you are involved in any of the situations listed above; or
  • you have questions about tax law or want legal advice about your rights and liabilities under the tax laws.

Why do I need a tax attorney?

Tax law is one of the most complex areas of the law. Additionally, the risk of financial losses, serious penalties, and even criminal liability makes tax problems even more intimidating. A tax attorney can counsel you about your rights and liabilities, help you plan your finances to ensure the most favorable tax treatment, and help you obtain the best outcome for any tax problem you experience.

How do I select an attorney?

We cannot list every factor you ought to consider to select the right attorney to represent you in a tax matter, but here are some general guidelines and questions in four areas—knowledge, experience, availability, and your personal level of comfort with that attorney—that you can use to decide whether to retain a particular attorney.

Knowledge

  • Does the attorney understand all of the tax laws that will apply to your situation?
  • Does the attorney handle tax matters regularly so that he or she can stay up to date on the latest developments in tax law?
  • Does the attorney have any additional background that might be especially helpful to your case, such as accounting or business experience or working for a government tax agency?
  • Does the attorney regularly attend continuing legal education courses about tax law?
  • How can you, as the client, help the attorney to represent you most effectively?
  • Will the attorney have to do any legal research to handle your case? If so, how much?

Experience

  • Has the attorney worked on tax cases before?
  • Does the attorney concentrate his or her practice in tax law?
  • Has the attorney represented clients with tax problems similar to yours?

Availability

  • Does the attorney have adequate time to spend on your case?
  • Does the attorney communicate with you regularly and return your phone calls and e-mail messages promptly?

Level of comfort in dealing with them

  • Do you feel comfortable and confident in dealing with the attorney?
  • Does the attorney answer your questions in a way that you can understand the answers?

Is the attorney willing to spend the necessary time with you to make sure you understand all of the following:

  • the issues of your case?
  • your legal rights?
  • what penalties are possible or likely?
  • the strategy he or she recommends for your case? and
  • other points that you are concerned about?

How can I find a criminal defense attorney?

Attorneys Catalog provides a list of tax attorneys licensed to practice law in several states: