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Tax Attorney in Walnut Creek for IRS Audits and Disputes

By The Somal Law Firm · Pleasanton, CA · 5 min read

If you live or run a business in Walnut Creek and an IRS letter has landed on your kitchen table, a tax attorney in Walnut Creek and the surrounding East Bay can step between you and the agency. Counsel reviews the notice, deals with the IRS directly, and helps you contest audit findings or proposed tax you believe is wrong.

Holding a letter with a deadline on it? Call (415) 754-0115 to schedule a free consultation, or send a short note through our contact page and include the notice number printed in the corner of the letter.

The IRS letters that most often need a lawyer's review

Whether you are self-employed, retired and drawing on investment accounts, or running a small business, the IRS letters that prompt a call to a lawyer tend to fall into a few recurring kinds:

  • Audit letters asking you to prove deductions, business expenses or credits, either by mail or at an in-person meeting.
  • Proposed adjustment notices, such as a CP2000, when brokerage, retirement or 1099 income reported to the IRS does not match your return.
  • Thirty-day letters at the end of an audit, which open the door to the IRS Independent Office of Appeals.
  • Statutory notices of deficiency, the 90-day letters that are your ticket to the United States Tax Court.
  • Collection notices that warn of a levy on wages, bank accounts or other property.

Each letter has its own deadline and its own set of rights. Missing the window on one of them can permanently close an option, which is the main reason people call a lawyer early rather than after a second or third notice.

What a tax attorney in Walnut Creek actually does for you

Representation starts with a power of attorney, IRS Form 2848. Once it is on file, the IRS can speak with your attorney instead of you. For many clients that alone lowers the temperature: no more surprise phone calls, and no more guessing what an examiner means by a vague request.

During an audit

Your lawyer reads the audit letter and any Information Document Request, narrows what the examiner is really asking for, and organizes records so each item on the return is backed by a document. An attorney can also push back when a request goes beyond the years or issues under examination.

After an audit

If the examiner proposes changes you disagree with, the attorney can prepare a written protest to the Independent Office of Appeals, an office separate from the examination function that weighs the strengths and weaknesses of each side's position. If Appeals does not resolve the dispute, a timely Tax Court petition keeps the case alive.

Why the attorney-client privilege matters

Communications with a lawyer made for the purpose of legal advice are generally protected by the attorney-client privilege. That protection is broader than what applies to many other tax advisers, and it can matter when the facts are sensitive, such as unreported income or records that were lost or never kept.

When the balance is already owed

Sometimes the dispute is not about whether the tax is right but about how to handle a balance you cannot pay at once. Options such as an IRS installment agreement, currently not collectible status or an offer in compromise can come into the conversation once the audit side is settled.

What to bring to your first meeting

You do not need a perfectly organized file. Bring what you have and your attorney will tell you what is missing:

  1. Every IRS letter you have received, including envelopes, since the mailing date controls many deadlines.
  2. The tax returns for the years in question and the year before and after, if you have them.
  3. Bank and credit card statements, receipts, invoices, mileage logs and any accounting software exports.
  4. Forms W-2, 1099 and 1098 for the affected years.
  5. A short written timeline in your own words: what happened, who prepared the return, and any calls you have had with the IRS.

Do not call the IRS to explain yourself before you have spoken with counsel. Well-meaning explanations can widen an audit or create statements that are hard to walk back.

Walnut Creek, Pleasanton and the rest of Contra Costa County

The Somal Law Firm is a boutique practice led by attorney Bob Somal, Esq., based in Pleasanton, a short drive down I-680 from Walnut Creek. The firm handles IRS disputes, tax audits and appeals for individuals and small businesses in Contra Costa and Alameda Counties, including Lafayette, Concord, Danville, San Ramon and the Tri-Valley.

The firm's focus is representing the little guy: explaining your options in plain English and what the IRS is actually asking for. For a broader regional overview, see our guide to finding a tax attorney in the Bay Area.

How to choose tax counsel for an IRS dispute

Whoever you hire, ask a few direct questions before you sign anything:

  • Will you personally handle my matter, or will it be passed to someone else?
  • Have you represented people in audits, Appeals conferences and Tax Court matters like mine?
  • What will you need from me, and how will we share documents?
  • What are the deadlines in my letters, and what happens if we miss them?

Be wary of anyone who promises a specific result before seeing your documents. Nobody can predict how the IRS will respond until the facts and records are on the table.

Frequently asked questions

Do I have to meet the IRS in person if I hire a lawyer?

Usually not. With a signed power of attorney, your representative can generally attend meetings and handle communications on your behalf. The IRS can require your presence in limited situations, such as when it issues a summons, and your attorney would prepare you if that happens.

Should I hire a tax attorney or a CPA?

Both can represent taxpayers before the IRS. People tend to choose an attorney when the dispute may go to Appeals or Tax Court, when privilege matters, or when the tax problem overlaps with other financial issues such as debt or bankruptcy.

Can I still get help if my deadline is very close?

Yes, but call right away. Some IRS deadlines can be extended on request; others, like the Tax Court petition deadline, generally cannot. An attorney can tell you quickly which kind you are facing.

Is my first conversation confidential?

Discussions with a lawyer for the purpose of seeking legal advice are generally treated as confidential, even if you decide not to hire the firm.

When you reach out, the firm will ask what letter you received and when, then set up a free consultation to walk through your options. Call (415) 754-0115 to get started, or use the contact form as a backup and mention that you are in Walnut Creek.

Attorney Advertising. This article is general legal information for Bay Area residents, not legal advice, and does not create an attorney–client relationship. Every situation is different — please consult a licensed attorney about your specific circumstances.

Facing Debt, Foreclosure, or the IRS?

You don't have to face it alone. Contact The Somal Law Firm in Pleasanton for a free, confidential consultation about your options.

Free Consultation — (415) 754-0115