Tax Planning Defense

TAX PLANNING AND TAX DEFENSE SERVICES

D. Steven Yahnian, Attorney/CPA

When your business demands the dual need for an accountant and an attorney, you shouldn’t have to pay for two different, high-priced professionals. In addition, Attorneys who are also CPAs powerfully combine the knowledge and experience needed to address critical issues from both legal and financial perspectives simultaneously.

Dually-licensed AAA-CPA professionals can advise you on both legal and financial aspects of key operating decisions which encompass both legal and monetary ramifications. A qualified attorney-accountant will also recognize potential future risks and help guard against them.

Attorney CPAs who also prepare tax returns will have much greater and broader tax knowledge than the professional who is only an attorney or only a CPA.

To further assure your confidence, all AAA-CPA professionals conform to the standards of the respective governing bodies.

“There is no ‘one-size-fits-all’ tax planning or tax defense strategy. Each situation is different. Each situation requires the Tax Attorney to review and analyze the constant barrage of recent (daily) legal developments and creatively, legally, and effectively apply the law and his experience and ingenuity to the particular client’s circumstances. Unfortunately, many people don’t realize that online legal services and generalist or mill attorneys, or many times, even our CPA friends are for the most part, one size fits all, or simply not knowledgeable of tax law’s incredible complexity, dynamism, and subtlety. They do not know how to design plans to save taxes or develop a winning strategy to deliver a client from the taxing authorities. Only an experienced tax attorney can do this. Only a tax lawyer sees the subtle shades and permutations of tax law, and how to design, prepare, and implement a tax plan or provide effective, and complete representation and tax resolution appropriate for a given client.” STEVE YAHNIAN, Attorney/CPA, Yahnian Law Corporation

“Yahnian Law Corporation obtained results for us against the IRS that no one else we had been to could” Richard C
“Other attorneys and CPAs said our case was a certain loser when we went to see them about representation, but Yahnian Law Corporation took over the matter and won it for us.” Tom
“If you’re not asking for or getting tax planning advice, you are not saving taxes, and, in fact, may be paying more taxes than you legally owe.” Steve Yahnian
“When dealing with the taxing authorities, attack when appropriate, retreat when strategically necessary, and stand your ground when neither of the first two options are available or necessary. The secret is knowing when you are in one or the other of the circumstances that evokes which position to take.” Steve Yahnian
“Ever wonder why the IRS calls it Form 1040? Because for every $50 that you earn, you get 10 and they get 40.” Anonymous
“It ain’t over till it’s over.” Yogi Berra

We have achieved many successes, oftentimes far better than expected, for those who have been audited by or owed taxes to the taxing agencies, IRS and California. We have handled a large number of such cases and have many years of in depth experience. Following is a small sample of the many matters we have successfully and victoriously handled.

Tax 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