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THE BEST LAWYER ANYONE COULD ASK FOR.

The BEST LAWYER ANYONE COULD ASK FOR!!! Todd changed our lives! He’s not JUST a lawyer representing us for a case. Todd and his office have become Family. When we entered his office in August of 2022, we entered with such anxiety, uncertainty, and so much stress. Honestly we were very lost. My husband and I felt alone. How could a lawyer who didn’t know us, know our family, know our background represents us, When this could change our lives for the next 5-7years that my husband was facing in Federal jail. By the time our free consultation was over with Todd, we left his office at ease. All our questions were answered and we had a sense of relief.

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IRS Audit Lawyers

The day has come. You’ve been informed that you’re being audited by the IRS. This is a day that no one, even the most careful of taxpayers, looks forward to. It means that you’re going to have to collect documents, talk to auditors, and take time away from your daily life to deal with the audit. Even for those people who have kept meticulous records and know that they’re not guilty of any type of tax crime will dread the audit. Feelings of anger, sadness, and dread might play a part in the audit process itself, especially if the taxpayer knows that there are discrepancies there.

Understanding the Audit Process

Step one is the notice you’re going to receive in the mail informing you that the IRS needs additional information about your tax return/s. They will explicitly tell you about what they need information on. It might be your claimed contributions to charity. It might be about deductions you claimed. Whatever they need information about, they’ll send you a letter through the mail knowing that they need more information and they will straightforwardly tell you what to send back to them. Usually it’s documentation proving that what you claimed on your taxes is what you actually spent money on.

Step one is the easy part if you’ve only claimed things that you can show documentation for. If you claimed you bought a desk, you can photocopy the receipt, send it back in, and wait for the IRS response. If the IRS gets this information in a timely manner and it’s legitimate, you might be off the hook at this point. Rarely will they go beyond this point if everything seems legitimate in the documents you mail back to them.

George FernandezGeorge Fernandez
14:16 30 Apr 24
Excellent 10 out of 10, Helped resolve my case. Jeremy explained everything and made everything easy to understand.
RajRaj
21:33 24 Apr 24
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
Yelva Saint-PreuxYelva Saint-Preux
19:26 19 Apr 24
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
Katherine SunKatherine Sun
18:08 18 Apr 24
my lawyer is Alex Zhik. Efficient, patient and professional
Nun yaNun ya
17:48 18 Apr 24
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
Keisha ParrisKeisha Parris
20:45 15 Mar 24
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko BeautyTaïko Beauty
16:26 15 Mar 24
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
K MarK Mar
01:37 25 Jan 24
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.
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The next thing you can do to fend off additional unwanted attention is to simply PAY for the portion you claimed that you can’t provide records for. Sometimes the IRS will conclude things if you repay the amount you just don’t have records for. At this point, the audit will end completely and you’re done. Unfortunately, if the amount was a large one and you simply don’t have the money to repay, things become a lot more stressful and this is where you’re going to need to hire a lawyer.

Hiring a lawyer

Audits are one of those things in life where you’re going to need a lawyer unless you can immediately send the IRS the documents they’re requesting with no troubles OR you can repay the amount that you couldn’t find documentation for. When there’s a large amount you have to repay, everything gets scary, and that’s understandable. No one wants trouble with the IRS and it can be frightening to not know what to do if you can’t find your records or simply didn’t bother to keep good records because you took your chances on never getting audited.

All is not hopeless. When you hire a lawyer, you have an invaluable professional on your team who can direct you in all the next steps to take. If the IRS decides to file charges on any type of tax fraud stemming from your audit, you’ll go into battle with a veteran lawyer by your side who is ready to help you weather the storm. Tax lawyers are very understanding people and they know the stress their clients are under to provide documents and/or money back to the IRS to prevent further investigation. They have flexible payment plans that can help you fend off prosecution or if you’re prosecuted, they can help you weather the storm and get the best possible outcome for your scenario.

The IRS is much more flexible than people think as well. They are more than willing to negotiate with taxpayers to come up with payable payment plans. If you’re charged with crimes by the IRS, there’s no choice but to hire a lawyer. You must. These types of charges can come with hefty fines and prison time. There’s no excuse to delay calling a lawyer about a tax evasion or tax fraud charge. If you don’t, you’re playing with fire and facing potential prison time. The IRS has good lawyers on its side. Make sure they’re on your side, too.

How to Handle an Allegation of Tax Evasion from the IRS

A person or company can be guilty of tax evasion if they attempt to avoid paying the total amount of taxes they owe the government. This could involve not reporting all income, failing to file tax returns by the due date, misrepresentation of tax deductions, inflating or falsely claiming donations to charity, underreporting the value of an estate as well as paying employees in cash to avoid paying payroll taxes and more. The penalties associated with tax evasion can be severe.

Tax Returns
The Internal Revenue Service (IRS) estimates that three percent of individuals in the United States do not file any type of tax return. A person who does this can be given both civil and criminal penalties. It is often determined by the amount of tax a person owes the government. Should a person not owe any taxes, the penalties for not filing a tax return are not serious. Should a person not file a tax return in a year where they owed taxes, and especially if they owed significant taxes, they could be charged with a criminal act. Each year a person or company does not file a return when they are legally required, they could experience a fine of as much as $25,000 and incarceration for up to twelve months. Should the IRS be able to prove a person or business intentionally did not file a return to evade taxation; they can be charged with committing a felony. If the IRS can prove these charges, a conviction could involve as much as $100,00 and up to five years in prison.

Avoiding Penalties For Tax Evasion
The punishments the IRS can give are meant to deter companies and individuals from committing tax evasion. When it has been proven someone has committed this type of tax crime, they may be given a chance to avoid the most serious penalties. This could simply involve filing a late or amended tax return. The IRS has a history of being lenient toward people and companies who file a late or amended tax return on their own. Should the IRS be forced to compel a person or company to file these types of returns, they could be given any or all the penalties associated with committing tax evasion.

IRS Investigation
A person or company will be notified by the IRS if they are suspected of committing tax evasion. They will be contacted by letter, telephone call or a personal visit. In some situations, an IRS agent can give penalties right way or notify the Criminal Investigation Division (CID) of the IRS to immediately start an investigation. The CID knows how to perform a thorough tax investigation. It has the legal authority to contact a person’s friends, neighbors, employers, coworkers as well as spouse and more concerning the alleged tax evasion. They can also legally tap a phone to track money going to an offshore account. Their goal will always be to prove a person or company had more income than was declared and they knowingly tried to evade paying their tax obligation on it.

Procedures
When the IRS suspects a company or individual of committing tax evasion, they will carry out an investigation to identify if the allegations are valid. They will try and determine the correctness of any tax return that has been submitted to them. They will obtain any and all tax returns associated with the person or company. Once a person has been contacted by the IRS, they may be asked to provide records, books, papers and other documentation that could prove the tax return they submitted is correct. The IRS does not have the legal authority to prosecute crimes. It can only give monetary penalties and demand a person or company pay their tax obligation. This IRS annually performs random audits to determine rates of noncompliance.

The best way for a person or company to avoid punishment for tax evasion is by coming forward and admitting their mistake to the IRS. They can them willfully provide amended tax returns. This will assure them the IRS won’t try and build a case for criminal charges. When this is done, the fines are often lower. Should someone be in a very difficult situation, they may need the help of an experienced tax attorney to obtain the best possible outcome.

What is a tax audit?

A tax audit is an examination of your tax return by a tax agency to determine the accuracy and validity of your claims. The agency will check the returns against your other financial records or statements to ensure you have paid the correct amount of tax. It is the government’s way of ensuring that taxpayers are complying with their tax obligations and paying the right amount of tax.

What is the process?

You will receive a letter in the mail notifying you of the audit. The letter will also include a date, time and location that you should attend.

You must send all documents requested by the auditor, including but not limited to bank statements, income statements, employment details, business records and receipts.

You will be asked to explain any unusual expenses or claims.

You are required to attend the audit, so you will need to take enough time off work to attend.

If the auditor finds an error, they will send you a letter. This letter will tell you what the error is and how much money you owe.

You will then have to pay the money owed, and you will receive a notice of assessment.

What are the consequences of an audit?

If you are found to have underpaid your tax, you will have to pay the additional tax due plus interest. If you are found to have overpaid your tax, you will have to wait until the next tax year to receive a tax refund.

If you are found to have underpaid your tax and do not pay the additional tax, you may be charged with tax evasion. You will find that you will have a much harder time claiming a tax deduction or a tax credit in future years.

Can I avoid a tax audit?

You cannot avoid a tax audit. A tax audit is required by law, so even if you are confident that you have paid the correct amount of tax, you will be subject to a tax audit. In some cases, a tax audit can be a good thing, as it allows the tax agency to check that you are paying the correct amount of tax.

Next steps

If you think that you may be audited, you should contact one of our tax experts to discuss how best to prepare for an audit. You may also want to read our article on how to prepare for a tax audit to learn how to prepare for the audit.

If you have been audited and you want to appeal the decision made by the auditor, you should seek legal advice.

What is the statute of limitations on IRS tax audits?

The statute of limitations for the IRS to audit a tax return is three years. This means that the IRS generally has three years from the date you filed your return to audit you.

But the three-year statute of limitations can be extended. For instance, the IRS can audit a return for six years if you omit more than 25% of your gross income. The IRS can audit a return for six years if you omit more than $5,000 of income, or if you claim a refund that you’re not entitled to. The IRS can audit a return for six years if you claim the Earned Income Tax Credit without filing Form 8862, which is used to reconcile the EITC with any qualifying child tax credits.

The IRS can audit a return for six years if you fail to report your name, address, or TIN on a return or statement. The IRS can audit a return for six years if you claim a business credit or deduction for which you did not qualify. The IRS can audit a return for six years if you claim a refund using an ITIN that was either false or that you knew was false.

In any of these situations, the statute of limitations can be extended to six years. In addition, the IRS can audit a return for six years if you’re a “substantial omissions” to a return. You’re considered a “substantial omission” if you fail to report income that is more than 25% of the gross income you reported on your return. If you’re a “substantial omission,” the statute of limitations can be extended to six years.

How will the IRS audit my tax return?

The IRS will audit most tax returns either through correspondence or an in-person audit.

If you’re being audited through correspondence, the IRS will mail you a letter telling you that you’ve been selected for an audit. The letter will tell you when you need to respond and what records you should include with your response.

And if you’re being audited in-person, the IRS will send an agent to your home or business to discuss your return.

What happens if I ignore an IRS notice of audit?

If you choose to ignore an IRS notice of audit, the IRS can take several different actions.

First, the IRS can choose to audit you in-person. That means an IRS agent will come to your home or business to discuss your return.

But if the IRS can’t find you, or if you refuse to meet with them, the IRS can audit you through correspondence. That means the IRS will mail you letters asking for more information.

If you refuse to respond to the IRS letters, the IRS can assess tax and penalties based on the information on your return.

If you still refuse to respond to the IRS, the IRS can take even further action. The IRS can bring a civil suit in court to force you to appear. If you refuse to appear in court, the IRS can ask the court to issue a bench warrant for your arrest.

If you still refuse to respond, the court will issue a bench warrant for your arrest.

But if you do respond, the IRS can still pursue you. If you’re being audited in-person, you’ll have a chance to explain any tax issues. If you’re being audited by correspondence, you can explain your side of the story in the response to the IRS letter.

But if you’ve made a mistake, you should respond to the IRS.

How will the IRS handle my audit?

If you’re being audited in-person, the IRS agent will typically ask you to provide supporting documentation to support the numbers and deductions on your tax return.

For instance, if you claimed a deduction for a home office, you’ll have to provide evidence that you had a home office. That could include photographs of your home office, a description of the space, and the square footage of the space. You’ll also have to provide documentation of all your expenses related to the home office, such as utilities and property taxes.

If you’re being audited in-person, the IRS agent will ask you to explain how you reached the numbers on your tax return. If you’re audited by correspondence, the IRS will ask you to provide additional information in your response to the letter.

What happens if I’m audited by the IRS?

If you are audited by the IRS, you should cooperate. If you’re audited in-person, you’ll have a chance to explain and support the numbers on your tax return. If you’re audited by correspondence, you can explain your side of the story in your response letter.

If you have a good explanation for the numbers on your tax return, the IRS auditor will usually accept your explanation.

But if the IRS auditor has a problem with the numbers on your tax return, they can adjust your numbers. They can also increase your tax liability and penalties.

How can I avoid a tax audit?

There are several ways you can avoid a tax audit.

First, you can file a complete and accurate tax return.

Second, you can file your tax return on time.

Third, you can make sure you report all of your income.

Fourth, you can make sure you’re eligible for the tax breaks you claim.

Fifth, you can make sure you don’t claim a refund or credit that you’re not entitled to.

Sixth, you can make sure you don’t claim any deductions or credits that you’re not entitled to.

Seventh, you can make sure you don’t claim a deduction for which you’re not eligible.

Eighth, you can make sure you don’t over-report your deductions

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Todd Spodek

Founding Partner

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RALPH P. FRANCHO, JR

Associate

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JEREMY FEIGENBAUM

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ELIZABETH GARVEY

Associate

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CLAIRE BANKS

Associate

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RAJESH BARUA

Of-Counsel

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CHAD LEWIN

Of-Counsel

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