Frequently Asked Questions (FAQs)

Why do I need to hire a professional to help me with my tax problem? Can't I just handle it myself?

You certainly have the right to handle your tax problem yourself, and some cases are easier to resolve than others. However, dealing with the IRS can be very stressful and time-consuming, especially for those who are unfamiliar with IRS procedures. Hiring a professional provides a buffer between you and the IRS, and a professional who is experienced in handling tax issues can help you navigate through the process as quickly as possible, minimizing the interference in other aspects of your life.

Does Willi Law Office, LLC, offer free consultations?

We do not offer free consultations for estate planning or probate matters.

However, we do offer free initial telephone consultations for tax matters. We will be up front with you as to whether engaging our services would be cost-effective for your particular situation.

My CPA prepared my return. Wouldn't it be better to have him represent me in my audit?

There is an inherent conflict of interest in representing a client whose tax return you prepared when that return is being audited. When the IRS raises issues about the return, the CPA may get defensive in order to protect himself or justify the quality of his work, rather than focusing on how to best present the facts and information to the IRS on behalf of the client. Attorneys also have Attorney-Client Privilege, which CPAs do not. CPAs may be great at deciphering the technicalities of the IRS Code, but Attorneys are trained and experienced at advocating for their clients, which is often what is needed when the IRS starts asking questions.

Am I going to jail?

Probably not. Unless you have filed fraudulent tax returns or are a tax protester, the IRS is unlikely to pursue a criminal case against you. However, the IRS can file a Federal Tax Lien against you, or levy your bank accounts, paycheck and other assets if you have unpaid tax debt. By law, the IRS must give you the opportunity to present evidence in your case, so dealing with your tax issue sooner rather than later can help prevent the IRS from pursuing more severe actions.

Can IRS penalties and interest be eliminated?

The IRS is required by law to charge interest on unpaid balances due, so there is nothing that can be done to eliminate this interest. However, you only owe interest on the unpaid balance due, so paying as much as you can as soon as you can, or borrowing money from a third party, is often the most cost-effective way to reduce the amount of interest you will pay on tax debt. Penalties, on the other hand, can be reduced or eliminated in certain circumstances. The law allows for penalty abatement in specific situations, so the possibility of penalty abatement is something that we consider in each case. We will carefully analyze the facts of your case to determine whether penalty abatement is a viable option. If you are a candidate for penalty abatement, you could save thousands of dollars.

Can I settle with the IRS for less than what I owe?

Yes, if you qualify. Despite what you may have heard, there are very specific rules involved in determining who qualifies for an Offer in Compromise (OIC), and not everyone does. Generally, if you have assets with equity, investments or a high income, you are unlikely to qualify for an OIC. However, we can analyze your individual case to determine whether an OIC is appropriate.

I can't pay the tax that is due on my tax return. What should I do?

You should go ahead and file your tax return, even if you are unable to pay the tax that is due. By filing your tax return you will avoid having to pay an additional penalty for failing to file your return. However, if you cannot pay all the tax that is due on your return, you will still be assessed a penalty for failure to pay.

I owe the IRS much more than I can pay. What can I do?

You are not alone – many taxpayers owe the IRS more than they can pay. And as penalties and interest continue to accrue on any unpaid balances, it may seem like you will never get out from under your IRS debt. There are many options that can help taxpayers resolve outstanding IRS debt, including. An experienced tax attorney can help determine the best options in your individual case.

My spouse has unpaid taxes. Does that mean that I am also liable?

Possibly, if you are married and filed a joint return with your spouse. However, you may qualify for Innocent Spouse Relief in certain circumstances. This is a complex issue, and many factors are involved. If you feel that you are being unfairly held responsible for your spouse's tax debt, consult with an experienced tax attorney as soon as possible to evaluate whether Innocent Spouse Relief is right for you.

Can you guarantee your results?

We can never guarantee what the IRS will ultimately do in any given case, and no legitimate tax professional can. However, we can guarantee that we will work hard in a competent, professional manner to give you our best advice and get you the best solution that we can to your tax problem.