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RJS LAW - Tax and Estate Planning

RJS LAW: San Diego Tax Attorney | IRS | FTB | CPA | California

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SOUTHERN CALIFORNIA’S FINEST
LAW FIRM

COMPLIMENTARY CASE EVALUATION

SAN DIEGO
(619) 595-1655
El CAJON
(619) 777-7700
  • Home
  • About
    • Ronson J. Shamoun, ESQ., LL.M.
    • Chandara Diep, ESQ., LL.M.
    • Devon J. Arabo, ESQ., LL.M.
    • Brian M. Malloy, Esq.
    • Andrea Cisneros Valdez, Esq., LL.M.
    • Sam Imandoust, ESQ., LL.M
    • Lauren Suarez, ESQ., LL.M.
    • John I. Forry, Esq.
    • Martin Schainbaum, ESQ., LL.M.
    • Kaveh Imandoust, JD, MBT, CPA
    • Joseph Cole, ESQ., LL.M.
    • Christopher Engelmann, ESQ., LL.M.
    • Remy Hogan, Esq., LL.M.
    • Steve S. Mattia, Esq.
    • Dod Ghassemkhani, ESQ.
    • Vincent Renda, Esq.
    • Pedro Bernal, Esq.
    • Sabri P. Shamoun 1938-2023
    • Melanie M. Shamoun
    • Renae Arabo
    • Hilary Dargavell
    • Sandie Portilla
    • Lupita C. Torres
    • Jewell Cornejo
    • Kesia Belford
    • Danielle N. Misleh
    • Judith G. Jeremie, JD
    • Rebecca Shuman
    • Michael Lutzky, CPA
    • Gianna Iskander
  • Practices
    • Tax
      • IRS TAX MATTERS
        • IRS Appeals
          • IRS Appeals Process
          • Contesting an IRS Levy
          • Why Retain RJS LAW for IRS Appeals
          • 4 Tips For Navigating The IRS Rapid Appeals Process
        • IRS AUDITS
          • IRS Correspondence Audits
          • What are IRS Field Audits?
          • Initial IRS Compliance Center Audits
          • IRS Office Audits
          • What happens in an IRS Audit?
          • Taxpayer Rights Under IRS Publication 1
          • IRS Warns Taxpayers About Scam
        • NOTICES
          • IRS Notices
          • IRS Letters
          • FTB Notices
          • Avisos en Español
        • IRS Collections
          • Avoiding and Eliminating IRS Tax Liens
          • Collection Due Process Hearing
          • CP 501 – IRS Notice
          • Failure to file a tax return: What happens?
          • How the IRS calculates interest
          • How to get a tax levy released
          • ACS – Automated Collection System
          • IRS Collections Process
          • IRS Interest Abatement
          • IRS Revenue Officers
          • Jeopardy Assessments and Jeopardy Levies
          • National Tax Agencies
          • RJS LAW Approach to Collections
          • IRS Statute of Limitations on Collections
          • Streamlined Installment Agreements
          • Tax Penalty Abatement
          • Taxpayer Assistance Orders TAO
        • IRS Payroll Tax
          • Independent Contractor Reclassification Audits
          • IRS Forms 940 and 941
          • IRS Trust Fund Interviews
          • Payroll Tax Liability Payment Options
          • Trust Fund Recovery Penalties
        • IRS Wealth Squad
        • Offer in Compromise & Tax Settlements
          • OVERVIEW OF OFFER IN COMPROMISE PROCESS
          • The Offer in Compromise Process
          • Appealing an Offer in Compromise to the IRS
          • How does the IRS evaluate an Offer in Compromise
          • Offer in Compromise and Dissipated Assets
          • Offer in Compromise Requirements
          • Pros and Cons of an Offer in Compromise
          • Why Choose RJS LAW?
          • Offer in Compromise Alternatives
          • Actual IRS Offer in Compromise Results
      • STATE TAX MATTERS
        • EDD California Payroll Tax Lawyer
          • EDD Investigations
          • EDD Collections – Liens, Levies, and Garnishments
        • CDTFA – California Sales Tax
          • California Sales Tax Appeals
          • California Sales Tax Audits
          • California Department Of Tax And Fee Administration – CDTFA
        • California State Tax Matters – California Franchise Tax Board | FTB | EDD
          • California Residency Audits
          • Discharging State Income Taxes in Bankruptcy
          • State Tax Practice – Outside of California
      • CRIMINAL TAX ISSUES
        • Criminal Investigation Division
        • IRS Criminal Investigation Division Tactics
        • Criminal Tax Defense – Tax Crimes
        • Currency Transaction Records & Suspicious Activity Reports
        • IRS Methods of Proof: Tax Fraud and Evasion
        • Methods IRS Agents Use to Locate Assets
        • IRS Special Agent Visits
        • Are You a Criminal Investigation Target?
        • Criminal Tax Attorney vs. White Collar Defense
      • CORPORATE TAXES
      • TAX COURT LITIGATION
      • Innocent Spouse Relief
    • International Tax
    • Estate Planning
    • Trust Litigation
    • Trust, Estate & Probate Litigation
    • Trust & Estate Administration
    • Probate
    • Bankruptcy
      • Bankruptcy (FAQ’s)
    • Civil Litigation
    • Criminal Defense
    • Accidents & Injury
    • Corporate & Transactional
    • Private Wealth Services
    • Real Estate Law
      • Landlord Tenant Law
    • Employment Law
  • Tax Institute
    • 10th Annual USD School of Law – RJS LAW Tax Institute
    • 9th Annual USD School of Law – RJS LAW Tax Institute
    • 8th Annual USD School of Law – RJS LAW Tax Controversy Institute – July 28th, 2023
    • 7th Annual USD School of Law – RJS LAW Tax Controversy Institute – July 15th 2022
    • 6th Annual USD School of Law – RJS LAW Tax Controversy Institute
    • 5th Annual USD School of Law – RJS LAW Tax Controversy Institute
    • 4th Annual USD School of Law – RJS LAW Tax Controversy Institute
  • Testimonials
  • Giving
    • Giving
    • RJS LAW Donates Billboard to the Girl Scouts
  • Awards
    • Awards
    • Ronson J. Shamoun at events with various dignitaries
    • SD50 Extraordinary Leadership
    • Media
    • Video Gallery
  • Blog
  • Pay
  • Contact
  • en English
    • en English
    • es Español

WINNER OF THE UNION TRIBUNE SAN DIEGO'S BEST TAX LAW FIRM

 


9 YEARS

Call
Contact
Blog
  • Home
  • About
    • Ronson J. Shamoun, ESQ., LL.M.
    • Chandara Diep, ESQ., LL.M.
    • Devon J. Arabo, ESQ., LL.M.
    • Brian M. Malloy, Esq.
    • Andrea Cisneros Valdez, Esq., LL.M.
    • Sam Imandoust, ESQ., LL.M
    • Lauren Suarez, ESQ., LL.M.
    • John I. Forry, Esq.
    • Martin Schainbaum, ESQ., LL.M.
    • Kaveh Imandoust, JD, MBT, CPA
    • Joseph Cole, ESQ., LL.M.
    • Christopher Engelmann, ESQ., LL.M.
    • Remy Hogan, Esq., LL.M.
    • Steve S. Mattia, Esq.
    • Dod Ghassemkhani, ESQ.
    • Vincent Renda, Esq.
    • Pedro Bernal, Esq.
    • Sabri P. Shamoun 1938-2023
    • Melanie M. Shamoun
    • Renae Arabo
    • Hilary Dargavell
    • Sandie Portilla
    • Lupita C. Torres
    • Jewell Cornejo
    • Kesia Belford
    • Danielle N. Misleh
    • Judith G. Jeremie, JD
    • Rebecca Shuman
    • Michael Lutzky, CPA
    • Gianna Iskander
  • Practices
    • Tax
      • IRS TAX MATTERS
        • IRS Appeals
          • IRS Appeals Process
          • Contesting an IRS Levy
          • Why Retain RJS LAW for IRS Appeals
          • 4 Tips For Navigating The IRS Rapid Appeals Process
        • IRS AUDITS
          • IRS Correspondence Audits
          • What are IRS Field Audits?
          • Initial IRS Compliance Center Audits
          • IRS Office Audits
          • What happens in an IRS Audit?
          • Taxpayer Rights Under IRS Publication 1
          • IRS Warns Taxpayers About Scam
        • NOTICES
          • IRS Notices
          • IRS Letters
          • FTB Notices
          • Avisos en Español
        • IRS Collections
          • Avoiding and Eliminating IRS Tax Liens
          • Collection Due Process Hearing
          • CP 501 – IRS Notice
          • Failure to file a tax return: What happens?
          • How the IRS calculates interest
          • How to get a tax levy released
          • ACS – Automated Collection System
          • IRS Collections Process
          • IRS Interest Abatement
          • IRS Revenue Officers
          • Jeopardy Assessments and Jeopardy Levies
          • National Tax Agencies
          • RJS LAW Approach to Collections
          • IRS Statute of Limitations on Collections
          • Streamlined Installment Agreements
          • Tax Penalty Abatement
          • Taxpayer Assistance Orders TAO
        • IRS Payroll Tax
          • Independent Contractor Reclassification Audits
          • IRS Forms 940 and 941
          • IRS Trust Fund Interviews
          • Payroll Tax Liability Payment Options
          • Trust Fund Recovery Penalties
        • IRS Wealth Squad
        • Offer in Compromise & Tax Settlements
          • OVERVIEW OF OFFER IN COMPROMISE PROCESS
          • The Offer in Compromise Process
          • Appealing an Offer in Compromise to the IRS
          • How does the IRS evaluate an Offer in Compromise
          • Offer in Compromise and Dissipated Assets
          • Offer in Compromise Requirements
          • Pros and Cons of an Offer in Compromise
          • Why Choose RJS LAW?
          • Offer in Compromise Alternatives
          • Actual IRS Offer in Compromise Results
      • STATE TAX MATTERS
        • EDD California Payroll Tax Lawyer
          • EDD Investigations
          • EDD Collections – Liens, Levies, and Garnishments
        • CDTFA – California Sales Tax
          • California Sales Tax Appeals
          • California Sales Tax Audits
          • California Department Of Tax And Fee Administration – CDTFA
        • California State Tax Matters – California Franchise Tax Board | FTB | EDD
          • California Residency Audits
          • Discharging State Income Taxes in Bankruptcy
          • State Tax Practice – Outside of California
      • CRIMINAL TAX ISSUES
        • Criminal Investigation Division
        • IRS Criminal Investigation Division Tactics
        • Criminal Tax Defense – Tax Crimes
        • Currency Transaction Records & Suspicious Activity Reports
        • IRS Methods of Proof: Tax Fraud and Evasion
        • Methods IRS Agents Use to Locate Assets
        • IRS Special Agent Visits
        • Are You a Criminal Investigation Target?
        • Criminal Tax Attorney vs. White Collar Defense
      • CORPORATE TAXES
      • TAX COURT LITIGATION
      • Innocent Spouse Relief
    • International Tax
    • Estate Planning
    • Trust Litigation
    • Trust, Estate & Probate Litigation
    • Trust & Estate Administration
    • Probate
    • Bankruptcy
      • Bankruptcy (FAQ’s)
    • Civil Litigation
    • Criminal Defense
    • Accidents & Injury
    • Corporate & Transactional
    • Private Wealth Services
    • Real Estate Law
      • Landlord Tenant Law
    • Employment Law
  • Tax Institute
    • 10th Annual USD School of Law – RJS LAW Tax Institute
    • 9th Annual USD School of Law – RJS LAW Tax Institute
    • 8th Annual USD School of Law – RJS LAW Tax Controversy Institute – July 28th, 2023
    • 7th Annual USD School of Law – RJS LAW Tax Controversy Institute – July 15th 2022
    • 6th Annual USD School of Law – RJS LAW Tax Controversy Institute
    • 5th Annual USD School of Law – RJS LAW Tax Controversy Institute
    • 4th Annual USD School of Law – RJS LAW Tax Controversy Institute
  • Testimonials
  • Giving
    • Giving
    • RJS LAW Donates Billboard to the Girl Scouts
  • Awards
    • Awards
    • Ronson J. Shamoun at events with various dignitaries
    • SD50 Extraordinary Leadership
    • Media
    • Video Gallery
  • Blog
  • Pay
  • Contact

IRS Appeals

IRS Appeals Established in 1998, the IRS Appeals Division was created to provide a fair and impartial venue for taxpayers (or their representatives) to settle tax disputes outside of the IRS’s Examinations and Collections Divisions. The IRS Appeals Division resolves over 100,000 cases per year involving audit decisions, innocent spouse claims, adverse collection actions (liens, levies, and seizures), penalty disputes, installment agreements, offers in compromise, and other matters.

Our tax attorneys routinely represent clients in federal tax appeals; and, if you need to challenge an IRS decision, we can seek relief from the IRS Appeals Division on your behalf. We also regularly assist clients with contesting IRS levies through the Collection Due Process (CDP) and the Collection Appeals Program (CAP).

Challenging an Audit in the IRS Appeals Division

An appeal is a request for reconsideration of an IRS decision. The act of filing an appeal puts the IRS on notice that you do not agree with its decision and stops (or “stays”) any efforts to collect your alleged tax debt.

The most common reason for filing an appeal is to challenge an IRS audit that has increased your tax liability. Often this increase includes additional penalties and interest, which can add thousands to your overall tax liability. However, the IRS Appeals Division settles various other types of disputes between the IRS and taxpayers as well.

Once you receive an audit determination, you have 30 days to exercise your appeal rights. If you do not file your appeal request correctly and on time, you may usually have another option to get your caase before the IRS Appeals Division. You would first need to wait until you received your Notice of Deficiency and timely petition the tax care.

After that, you will have an opportunity if you haven’t had one already  to have an Appeals Officer listen to your side of the story. As a result, if you are interested in filing an appeal, it is important that you speak with an attorney promptly.

Filing an appeal has several advantages. For example, because of the independence of the IRS Appeals Division, taxpayers often obtain more favorable results. Appeals Officers are not measured by the amount of tax they collect. As a result, they have an incentive to resolve cases quickly and fairly rather than collect the most money possible.

Additionally, it usually takes several months for a case to be transferred to the Appeals Division. This time period can be used as a tactic to gather additional documents, save more money to settle your liability, and strategize before your appeals conference. Once your appeal begins, your Appeals Officer has the authority to settle your case.

Contesting an IRS Levy

The IRS has the power to levy a tax debtor’s assets in the event that the debtor fails to remit assessed taxes within 30 days of receiving a Final Notice of Intent to Levy and Notice of Your Right to a Hearing. However, there are a number of ways that taxpayers can contest levies, including the Collection Due Process (CDP) and the Collection Appeals Program (CAP).

Collection Due Process (CDP)

The CDP is available to tax debtors who receive levy notices as described above. Under Section 6330 of the Internal Revenue Code, taxpayers usually have the right to a hearing prior to any levy taking place.

While tax debtors are usually entitled to a pre-deprivation hearing, there are certain situations in which a tax debtor may receive a levy notice only after its assets have been levied or transferred. These are:

  • When collection of the tax is in jeopardy
  • When the IRS levies upon a state tax refund
  • When the criteria for a Disqualified Employment Tax Levy is met
  • When the IRS serves a federal contractor levy

Even if a tax debtor fails to timely request a CDP, an equivalent hearing can be requested up to one year following receipt of a levy notice.

Collection Appeals Program (CAP)

The CAP is different from the CDP in that it does not afford the opportunity to challenge the existence or amount of the taxpayer’s federal tax debt. It also does not afford access to judicial remedies for taxpayers that participate in the process and disagree with the outcome on appeal. Instead, the CAP is typically used to contest seizure of certain assets and to contest the rejection, modification, or termination of an installment agreement or a wrongful levy.

With respect to installment agreements, the IRS cannot levy until 30 days after rejection or termination. As a result, an appeal of the decision within 30 days will effectively bar the IRS from levying until the appeals process is complete. That said, unlike the CDP process, a decision made through CAP is binding on both the IRS and the tax debtor, and it is not subject to appeal in federal court except under very limited circumstances.

Why Choose a San Diego Tax Lawyer at RJS Law for Your IRS Appeal?

Appeals Officers are some of the most highly-trained employees of the IRS. Many were previously senior members of the Collections Division or have a background in the area to which they are assigned. Appeals Officers usually have a better understanding of the Internal Revenue Code than most IRS employees, and they are skilled negotiators who handle a high volume of cases.

Appeals conferences and CDP and CAP proceedings may seem straight forward, but there is a lot of timing and strategy involved in filing a successful appeal. The appeals process has multiple deadlines; and, since you only get one chance to take your case to the Appeals Division or file under CAP, an experienced tax attorney can help you make the decision on when is the best time to transfer your case. Sometimes the threat of filing an appeal can help you achieve a more-favorable result with a Revenue Officer or Revenue Agent.

Furthermore, while your case is pending, an attorney can help you file a Freedom of Information Act (FOIA) request to obtain a copy of the IRS file. Obtaining the file and analyzing the comments of the IRS employee assigned to your case will help you present a better argument for relief from your federal tax debt.

In appeals where a formal protest letter is needed, an experienced tax attorney can help you strategize regarding how much information to include. If the Appeals Officer is in communication with your Revenue Officer or Revenue Agent, saving your best arguments until the appeals conference may play in your favor.

In contrast, a detailed explanation of your position along with supporting Tax Court cases and other precedent may help expedite settlement. Picking the best method depends on your individual situation.

Finally, hiring a tax attorney demonstrates that you are serious about your case, prepared to potentially litigate the matter if a resolution is not reached, and can properly protect your rights if you are mistreated during the appeals process.

Our San Diego office can help you formulate a game plan and structure your appeal in order to obtain the best possible outcome and potentially lower your final tax bill. Our attorneys frequently deal with the same group of Appeals Officers and have established a good working relationship with them through our past history of cases. In short, we can use our experience to help you obtain a more-favorable result.

Even if you ultimately plan to handle your own appeal, you should consult an experienced tax attorney. If you are considering taking your case to the Appeals Division, please contact our San Diego office to schedule a free consultation today.

Speak with a San Diego IRS Appeals Lawyer in Confidence

If you have any tax law questions or if we can assist with your IRS appeal, please contact us to schedule your free initial consultation. To speak with one of our experienced San Diego tax lawyers in confidence, call 619-595-1655 or inquire online today.

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Services

  • IRS Tax Matters
  • State Tax Matters
  • International Tax Attorney
  • Criminal Tax Issues
  • Corporate and Transactional
  • Tax Court Litigation
  • Trust, Estate & Probate Litigation
  • Trust Administration
  • Probate
  • Criminal Defense
  • Bankruptcy
  • Civil Litigation

Testimonials

Compassionate. Knowledgeable. Capable. The team at RJS, specifically Brad, Marisol and Ronnie were on top of all of our issues. They were efficient and communicated with us on every step. Finding a team that is on top of their game like RJS is a tough find.... add to that the compassion and care they provide makes them second to none. Call them now. - Mike G.
RJS Law firm was very professional and someone was always available to answer our questions. They really looked out for our interest only! If you want the best Law Firm Representing YOU, These guys are absolutely SECOND TO NONE!!! I  highly recommend them! Thank you for solving my tax problems! You guys Rock! - Mike S.
Amazing!  In today's world of NO customer service and only internal focus, The RJS Law firm and Chandara in particular completely changed my perspective.   Due to a complicated personal situation, I found myself  in a difficult position with the IRS.  One call and I can not tell you how relieved I am.  I can breathe again, and what is even more amazing-  I do not need an attorney.  Chandara advised me on how to resolve this myself.  It would have been easy to just take my money and add further stress to the situation,  but she didn't. I believe that nothing but good can come from true acts of kindness, so I truly thank her and RJS for outstanding service and should I ever need an attorney-  she will be my first call. - Michele W.
Calling this firm put me at ease. I had sleepless nights as I was procrastinating to take care of my problems; I didn’t know how to go about them. Seeking legal help is always a good way to go, as they are more suited for the job. Chandara has guided me through the process of my stressful situation. No strings attached but I couldn’t let go, I truly recommend them. They will give you sincere and honest answers at all times. I couldn’t be more at ease with my family taking this a step at a time. - Kimberly
I have been a tax client of RJS Law for nearly 10 years. Mr. Shamoun and his team have always delivered results above and beyond my expectations. My attorney has always been just a phone call away when I need advice. I would highly recommend RJS Law to anyone in need of representation for tax related matters! - Brad
My grandmother and I called RJS LAW because she fell behind on her business taxes. She no longer owns the business so she wanted to get back on track and settle that debt. Brendan was very informative and very helpful. We set up a consultation and everyone at the firm was very polite. Brendan helped us create a plan so that we can get resolution to the problem. He helped turn this insurmountable issue into something manageable going forward. I highly recommend this place! - Deana
With no doubt I have to say I have the best advice going forward. I was in the military residing from California but I was stationed in Texas and I didn’t know my filing requirements. Not only I got my questions answered by they gave me free knowledge that I wouldn’t ever had known. I feel comfortable with filing now and going forward I will know what’s best for me. The best thing I liked about this firm is that they answered right away! Transferred my call to an attorney and got it done! In no time! Highly professional and helpful! - Karla
We worked with Brad Paladini on an appeal for an Offer in Compromise we previously submitted on our own. Looking back we should have hired RJS BEFORE we tried submitting an OIC on our own. Brad was amazing to work with on the OIC appeal and literally saved us over $100,000 in taxes. Didn’t show any judgement, took over all the IRS communications and helped us get all the paperwork the IRS was requesting. He fought for us like a bulldog to win the appeal. We are so thankful we found RJS LAW through Yelp and decided to write a review to pay it forward! - Holly
RJS LAW San Diego came to us highly recommended. The firm delivers with precision, tact and professionalism. They are not cheap, but cheap doesn’t always deliver. Ronnie Shamoun, Quinn Disparte, and their associates treated our case with respect, dignity, empathy and speed. They were able to get our case dismissed timely, as promised and without any of the associated headaches that normally come with the territory. The end result was tremendous peace of mind. If that is what your ultimate goal is you need not look any further. - Mandana

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303 A Street
Suite 400
San Diego, CA 92101

Phone No.
(619) 595-1655

El CAJON

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900 N. Cuyamaca St., Suite 101
El Cajon, CA 92020

Phone No.
(619) 777-7700

RJS LAW Tax

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– Del Mar
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