Nurse wins IRS case

January 20, 2010

Great article. I applaud her for her tenacity and the amount of time and effort she put forth to ultimately win her battle with the IRS. I do wonder where her tax preparer was during the audit, it is possible tax preparer may not have been experienced enough to representing her in the audit. There is also the question what emotional cost did she pay for her time, effort, and worry during the process.

If she had hired a firm to represent her when she first got the audit letter the story would not have been as compelling to read, but the same outcome could have occurred without the drama.

It is something to consider when hiring a firm to prepare tax returns. Will they or can they help if you ever get audited (random audit, or triggered by claims made by ex-spouse, disgruntled ex-employee)?

I recall in a meeting a few years back, where a CPA (medium sized firm) bragged that none of the clients in all their years had been audited. Two things struck me as he talked: First, I hoped that he would be wise enough to never consider representing one of his clients in audit, given his obvious fear of the IRS and lack of experience. Second, was his firm preparing returns with such fear and for their own goals, that their clients were being short changed in the tax preparation?

http://finance.yahoo.com/taxes/article/108550/nurse-outduels-irs-over-mba-tuition?mod=taxes-advice_strategy

Article about IRS employer audits

Many employers should be very concerned about how they hire contractors yet treat them as employees. The IRS has specific guidelines on how to classify a contractor verses an employee, some employers may have ignored (or are unaware) the guidelines in hopes that the letter or visit will never come. The audit in the past has been stimulated by a complaint from the contractor after they discover how much they owe in SE taxes. The changes in the tax receipts have changed this from a complaint driven process to a hunter process.
We have represented a number of clients who have been audited in this area. In one case the audit occurred after a contract employee claimed that they should have been classified as an employee. The result of the audit was in favor of our client, the contractor in this case was clearly free to set their own hours, work for other companies, and did advertised their trade to other companies.
This article is a good read.

http://articles.moneycentral.msn.com/Investing/top-stocks/blog.aspx?post=1563557&_blg=1,1563557




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