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IRS Audit questions

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Beebs

Junior Member
What is the name of your state (only U.S. law)? Tennessee

Hello . My husband and I have a small construction business . We are being audited by the IRS for 2009 . We met with them once . They asked us to organize our records and scheduled another meeting. A company that we did work for is claiming they paid us around $130,000.00. We did not claim it because we do not recall ever getting a 1099 from them . At first , we thought we were being audited for our medical expenses (we had a lot for '09) , our home office expenses , and hardware expenses . During the audit , we were informed of the unclaimed income. We are very disorganized , so we forgot to claim alot of expenses in several of the categories . They are requiring us to go through our bank statements and match up dates and amounts for medical , office , and hardware . We may have over estimated medical and office(just a small amount) , but we underestimated hardware . We also forgot to claim charity and a few other expenses. I am scared and confused . They want us to refigure these categories and hand it over with our bank statements at the next meeting. The agent will then take it all back to his office and go through it to decide whether or not we will owe more money . The company who claims they paid us all the money was always shady and difficult when paying us . They went out of business in 2010 . I don't think they really paid us that much . Sorry this is such a long post . I am so confused !!! Should we get a tax attorney ? Any advice will be greatly appreciated ! Thank you !
 


justalayman

Senior Member
You do not have a record of a possible $130k payment to you a mere 2 years ago?


If your accounting is that poor, I suggest you hire somebody to take care of that for you.

and whether you get a 1099 or not is irrelevant. You have to report your income.
 

davew128

Senior Member
So....did you receive the income or not? I mean seriously, why do you think the auditor is asking for bank statements.....and if you DID receive the income, why did you not spend some money on a bookkeeper and tax preparer ESPECIALLY in the construction business, where I'm quite sure you missed a few things....
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? Tennessee

Hello . My husband and I have a small construction business . We are being audited by the IRS for 2009 . We met with them once . They asked us to organize our records and scheduled another meeting. A company that we did work for is claiming they paid us around $130,000.00. We did not claim it because we do not recall ever getting a 1099 from them . At first , we thought we were being audited for our medical expenses (we had a lot for '09) , our home office expenses , and hardware expenses . During the audit , we were informed of the unclaimed income. We are very disorganized , so we forgot to claim alot of expenses in several of the categories . They are requiring us to go through our bank statements and match up dates and amounts for medical , office , and hardware . We may have over estimated medical and office(just a small amount) , but we underestimated hardware . We also forgot to claim charity and a few other expenses. I am scared and confused . They want us to refigure these categories and hand it over with our bank statements at the next meeting. The agent will then take it all back to his office and go through it to decide whether or not we will owe more money . The company who claims they paid us all the money was always shady and difficult when paying us . They went out of business in 2010 . I don't think they really paid us that much . Sorry this is such a long post . I am so confused !!! Should we get a tax attorney ? Any advice will be greatly appreciated ! Thank you !
You shouldn't be confused. You know that you did not keep good records of your income or expenses, or you wouldn't have messed up your tax return and you would know how much money that company paid you.

You may need to hire a bookkeeper, or at least invest in some good accounting software and someone to teach you how to use it. Once the IRS has audited you once, they are likely to do it again.
 

tranquility

Senior Member
A company that we did work for is claiming they paid us around $130,000.00. We did not claim it because we do not recall ever getting a 1099 from them .
Should we get a tax attorney ?
I'd say yes. At the very least, you need a representative between you and the IRS. I assume you are handling this alone. Although we have no idea what you have turned over or said to this point, it still is better to get representation.

Has this audit always been by letter so far? What is the title of the person auditing you? Has anyone ever read you your rights?

I ask the questions as the rule of thumb is that the IRS penalizes those who fudge deductions and jails those who fudge income. Obviously, mistakes are not jailed. But, $130K of unreported income is a problem.

A big problem.

A real big problem.

Without records (Not even bank deposit records?) this audit will not come out with anything less than $130K of additional income. Sure, there are things which should be expensed against that. But the OP already represented a certain amount of expenses in the return and probably also made some representations in the audit which will be--unfortunate. The facts will be found by the IRS in a certain way and, if the OP wants to challenge it, will have to overcome a presumption of the correctness of the IRS determination. Without proof? Unlikely.

An attorney, CPA or EA with experience with the IRS needs to represent you. They may try to give enough information to hope to sway the supervisor when it gets to appeal and try to limit the audit to the current year. They may also keep the OP and spouse from saying stupid things which could land them in jail. Yes, it will cost a lot to get adequate representation. It would be well worth it.

What is the bottom line? Without representation, I'd say the best case is $130K in income and gross understatement penalties. (Along with any others.) While not great, for that amount of unreported income, there is a potential of criminal sanctions. With representation, absent very bad statements already made by the OP to the IRS, I don't think criminal is likely to happen and there may be a way to redo the return and bring in the income and other expenses to reduce the burden.
 

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