We’ve been fighting for this for a very long time, said David
Selig of Selig & Associates. Admittedly, the Treasury’s proposal isn’t
everything we fought for, but it’s a hell of a start. Federal Tax Practitioner David
Selig and Attorney Bradley Dorin vigorously opposed the Government’s use of
outside Counsel for what is colloquially called “eggshell audits” (and other IRS interviews). These
hired gun attorneys make confusion a crime, said Bradley Dorin. The deck is
stacked against the taxpayer already, said Selig. The taxpayer has the burden
of proof and the burden of persuasion. In other words, you’re guilty until
proven innocent, or to a lesser extent, until you're proven "not guilty" agreed Dorin. And remember,
the IRS isn’t obligated to inform taxpayers that the information they provide during
an audit may be used against them in a criminal proceeding. And yet, the IRS is
not supposed to trick and deceive a taxpayer into believing that a criminal
investigation is not occurring concurrently, even though it may very well be. United
States v. Tweel held that simultaneous criminal and civil audits are 100%
permissible. For more information, contact David Selig and Bradley Dorin
directly at (212) 974-3435
Final Regulations under IRC Section 7602 on the Participation of
a Person Described in IRC Section 6103(n) in a Summons Interview. Under the proposed changes to the above referenced
regulation, attorneys who are private contractors, viz. outside counsel, will
be prohibited from assisting IRS Agents who audit of taxpayers. Nota bene, this
proposal includes in the interview process.
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