The Business, Estates, Real Estate,
Tax Law & Asset Protection Specialist
(Licensed to practice law in California only.)

D. Steven Yahnian

3130 W. Main Street, Suite F

Visalia, CA 93291

(559) 733-8505

D. Steven Yahnian is a member of ASTPS

The American Society of Tax Problem Solvers (ASTPS) is a nationwide collaboration of tax professionals. This partnership ensures that our clients get sophisticated, resourceful tax defense services for audits, collections, appeals, offers in compromise, installment payment arrangements and other planning and defense strategies.

The mission of the American Society of Tax Problem Solvers is to provide Members with resources that will elevate their ability to provide taxpayers with competent representation before the IRS and other taxing authorities.

OUR TAX PLANNING AND TAX DEFENSE SERVICES

Detailed Description of the Tax Planning and Defense Services we Provide:

A detailed description of our tax planning and defense services is set forth in the following paragraphs.

Federal and State Taxation

We advise clients in all areas of federal and state taxation, including the areas of income tax planning. Steve Yahnian has extensive experience with mergers, business acquisitions and corporate reorganizations.

 

Tax Planning

Steve Yahnian is a Certified Taxation Law Specialist as designated by the California State Bar Board of Legal Specialization, a CPA and has a Master of Laws in Taxation. He has rendered countless tax opinions, engaged in substantial and strategic tax planning (from the basic to the sophisticated and advanced) and prepared numerous tax plans since 1980.

IC-DISCs

  • Plan;
  • Design;
  • Formation;
  • Organization;
  • Implementation;  and
  • Operations

 

Agricultural, Farming and Dairy Taxation

Yahnian Law Corporation provides comprehensive, in depth planning and aggressive advocacy for Ag clients, including farms and dairies. Representation and planning involves personal exemptions, personal deductions, credits, sale of capital assets, involuntary conversions, farm partnerships, and all other aspects of farm taxes.  We have represented farmers in audits,  at IRS Appeals and in US Tax Court, achieving victories in complex matters in which the government was moving aggressively against the farm taxpayer.

Specifically covered are the following:

  • General Aspects of Preparation of Farm and Dairy
  • Returns
  • Reporting Farm Income
  • Farm Deductions
  • Farm Losses
  • Inventories
  • Prepaid Expenses
  • Livestock
  • Capital gains and losses
  • Depreciation
  • Involuntary losses
  • USDA, FSA and other  Governmental payments
  • Crop Insurance
  • Subsidies
  • Farm Credits
  • Farm Partnerships
  • Farm Corporations
  • Farm LLCs
  • Farmers’ Social Security
  • Tax Aspects of Farm and Dairy Debt

Taxation of Executive Compensation

Yahnian Law Corporation provides advice, design, planning and implementation of the following executive compensation matters:

  • Income tax consequences and regulatory implications of executive compensation arrangements, including nonqualified deferred compensation;
  • restricted property;
  • stock options;
  • stock appreciation rights;
  • phantom stock arrangements;
  • rabbi trusts;
  • secular trusts;
  • ESOPs;
  • Fringe Benefits;
  • IRC 409A limitations;
  • IRC 83 applications and elections;
  • the limitations on the deductibility of executive compensation;and
  • golden parachutes payments.

Our services also cover non-tax issues that materially influence executive compensation arrangements, including financial accounting, ERISA, securities laws, stock exchange requirements, and the perspectives of shareholders and other parties having an influence on executive compensation.

Property Tax Planning

An often overlooked tax issue is the matter of property taxes. For example, certain transfers of real property ownership can result in reassessment for property tax purposes. This can result in unexpected and costly annual property tax bills. In many cases, appropriate planning, structuring and implementation of real property transfers may avoid this reassessment, saving the client thousands of dollars per year. By providing this service to our clients, we have saved substantial dollars in property taxes for our clients over the years.

Retirement Plan Design, Planning, Preparation, Implementation and Consulting

Yahnian Law Corporation counsels employers and employees on pension, profit sharing and retirement plan matters and also designs and helps employers implement such plans. There are many tax benefits and asset protection aspects to such plans, if they are properly designed and implemented.

The following are examples of plans that Steve Yahnian has advised upon, designed, implemented or given counsel:

  • IRAS;
  • Roth IRAS;
  • SEP’s;
  • Simples;
  • TSA’s;
  • Keoghs;
  • Profit Sharing;
  • Money Purchase;
  • Target Benefit;
  • 401(k);
  • Employee Stock Ownership Plans (ESOP’s);
  • Secular Trusts;
  • Rabbi Trusts; and
  • Other types of Non-qualified plans

In addition, Steve Yahnian has given counsel and analysis regarding the following:

  • Highly Compensated Employees;
  • Eligibility and participation;
  • Contribution and Benefit Limitations;
  • Permitted Disparity;
  • Funding Requirements;
  • Vesting;
  • General Distribution Requirements;
  • Minimum Distribution Requirements;
  • Tax Deduction Rules;
  • Taxation of Distributions;
  • Participant Loans;
  • Life Insurance and Death Benefits inside of a Plan;
  • Tax on early distributions;
  • Saver’s credit;
  • Determination Letters;
  • IRS and DOL Correction programs;
  • Operating the Plan;
  • Reporting to Governmental agencies;
  • Preparation of Summary Plan Descriptions;
  • Fiduciary Responsibilities;
  • Prohibited Transactions;
  • Termination of Plans;
  • Top Heavy Plans;
  • Multi employer Plans;
  • Rollovers; and
  • Qualified Domestic Relations Orders

Small Business Tax Deductions

  • Hobby loss rule
  • Start-up expenses
  • Business operating expenses
  • Deducting long-term assets and inventory
  • Home office deduction
  • Car and travel expenses
  • Meal and entertainment expenses
  • Employee and contractor expenses
  • Retirement and medical deductions
  • Documenting and claiming deductions

Tax Free, Like Kind Exchanges of Real Property (IRC 1031)

YAHNIAN LAW CORPORATION performs all manner of legal and tax services with respect to real property like kind exchanges, including, but not limited to the following services:

 

  • Tax Consequences of Like-Kind Exchanges
  • Deferred Exchanges
  • “Reverse” Exchanges
  • Construction Exchanges
  • Planning, Structuring, Coordinating and Implementing the Real Estate Exchange; and
  • Special Issues in Exchanges Involving Partnerships, LLCs, Trusts and Corporations

Tax Defense Matters

YAHNIAN LAW CORPORATION provides the following Civil tax defense services:

  • Bank & Wage Levy releases
  • IRS and State Payment Plans
  • Tax Audits
  • Offers in Compromise
  • Tax aspects of Bankruptcy
  • Release Tax Liens
  • Tax Penalties & Interest relief
  • Unfiled Tax Returns
  • Independent Contractor issues
  • Tax Appeals
  • Tax Court
  • Innocent Spouse
  • Trust Fund Taxes
  • Payroll Tax issues
  • State Tax Problems
  • Sales Tax Audits
  • Property Tax audits and appeals

We do not provide criminal tax defense services of any kind.

The Need for Our Tax Defense Services

Congress has ordered the IRS to return to their primary function; the collection of taxes. The IRS Commissioner was appointed for his expertise in this area. In addition to the fact that growing numbers of people are recieving government benefits paid for in large part by taxes, the federal government is funding military actions on several fronts, a war on terror, and homeland security. At the same time, tax revenues they enjoyed during the dot-com boom have evaporated now that reality has imposed on the securities markets

How the Process of Our Legal Represenation Works

     Initial Consultation

For an initial consultation, we often require the client to fill out a short questionnaire and prepare a brief chronology. We then review the facts prior to the conference, with the objective of saving time during the consultation. There is no free consultation. The minimum initial fee for the first consultation is $300.

     Evaluation

Tax Defense work and representation is a serious matter. Should we decide to meet with you and/or represent you, be advised, all matters and cases require a full evaluation. This includes the following:

  • Meeting with the client;
  • Gathering information,
  • Reviewing and analyzing documents, tax returns and correspondence,
  • Calculating  numbers,
  • Reviewing and analyzing the applicable law
  • Applying the law to the facts
  • Coming to conclusions;
  • Ascertaining the various options available,
  • Communicating with the taxing agencies and their  representitives; and
  • Determining and/or negotiating possible solutions.

An evaluation concerning civil taxes is generally a minimum $5,000 retainer.

Our Expectations

Our obligation to clients includes giving written opinions of options and expected results. We advise client of the law,  keep the client informed as necessary, and manage the case. In order to meet our obligations and serve the client efficiently, we require our clients to meet their obligations, which include:

  • To complete fully and accurately any questionnaire and/or other charts; i.e., do their “homework;”
  • Supply accurate, updated, timely information, in writing;
  • Respond promptly to attorney requests for additional information;
  • Understand what is to be accomplished; if not understood, ask the attorney or legal assistant;
  • Attend hearings as and when necessary;
  • Keep us advised, in writing, of changed circumstances; e.g., address/phone; loss or change of job or financial condition.
  • To pay our invoices on time

Civil Tax/Collection

Whether your civil tax problem concerns an IRS or State tax notice of monies due, non-filing of returns, lien, levy, seizure of property, Tax Court case, Court of Appeals, administrative appeal, or audit, we can assist in considering your viable options and developing the best strategy.

Some options may include, among others:

  • installment agreement,
  • offer in compromise,
  • statute of limitations arguments,
  • uncollectible accounts,
  • bankruptcy,
  • Innocent Spouse; or
  • A combination of these.

Bankruptcy planning

We have assisted clients in planning for the discharging through bankruptcy income and other tax debts. The rules are complex.  Miscalculation of even one day could cause loss of the benefits of bankruptcy or other remedies.

Tax/bankruptcy planning requires detailed analyses of all facts, numerical analysis, evaluating the possible solutions, and, finally, careful strategic planning.

Criminal tax

We do not handle criminal matters, tax or otherwise.

If your matter is or becomes a criminal tax matter, you will need to immediately hire a criminal tax attorney.

 

Real Estate Tax Services

We have extensive experience in structuring basic to large and complex real estate transactions with an emphasis on tax efficiency, including 1031 exchanges and capital restructurings.

Our tax solutions are tailored to address the following real estate tax matters:

  • Acquistion
  • Sale or other disposition
  • Rental Properties
  • Leasing
  • Passive activity loss optimization
  • Operations
  • Personal Residence tax planning
  • Securitized Real Estate Investments
  • Foreign real estate investor compliance & reporting
  • Cost segregation
  • Rehabilitation tax credits
  • 1031 structuring
  • UBIT consulting
  • REIT compliance
  • Federal and state tax compliance
  • Tax controversies
  • Cancellation of indebtedness management
  • Partner capital account maintenance

You can reach us by calling our Visalia office at (559) 733-8505