Worker Classification Issues
As a result of the decades of prior government experience members of our firm possess, including employment in the IRS Audit Division, as well as IRS Counsel’s Office, Andreozzi Bluestein LLP is extremely well versed in how to best deal with an IRS audit.
Worker Classification Issues
As a result of the decades of prior government experience members of our firm possess, including employment in the IRS Audit Division, as well as IRS Counsel’s Office, Andreozzi Bluestein LLP is extremely well versed in how to best deal with an IRS audit.
A worker classification case arises when a business owner treats an employee as an independent contractor and fails to collect and pay the required social security and Medicare taxes for that employee. If the government reclassifies the employee, the business becomes responsible for the unpaid social security, Medicare and income taxes it failed to withhold and pay over to the IRS. Owners, corporate officers and others in positions of authority can also be held liable in these instances. It is imperative both the business and responsible officers seek counsel from attorneys who are knowledgeable in the nuances of worker classification cases and who can give competent and thorough advice to minimize exposure for both the business and officers.
Latest News
Recent Tax Court rulings may allow refunds of previously assessed penalties
By: Derek B. Wheeler, Esq. and Heather L. Marello, Esq. As part of the Restructuring and Reform Act of 1998 (“RRA 98”), Congress enacted IRC §6751(b)(1), which requires written supervisory approval for certain penalties ...
Read moreNew York Adds an Economic Hardship Exception to License Suspension Statute
By: Heather Marello, Esq. In 2013, New York added Section 171-v to the tax law, which provides that the State may suspend a taxpayer’s driver’s license if his or her tax, penalty and interest exceeds $10,000 and the taxpayer ...
Read more“But It’s Not My Fault” How to Obtain Innocent Spouse Relief
By: Heather L. Marello Married taxpayers often file their annual income tax returns electing “married filing joint” status. While often beneficial from a tax perspective, spouses rarely understand that, by electing this ...
Read moreThink the IRS is quiet during the Shutdown? Think Again! Another Form 3520 Trap for the Unwary
By: Randall P. Andreozzi Things are emerging from the abyss that is the longest government shutdown in United States history. Yes, there exist some things so resilient, so pervasive, so constant they can survive and ...
Read moreClient Privilege – When you have it & when you don’t may surprise you.
By: Gary P. Bluestein Many accountants incorrectly assume that their communications with their tax clients are always privileged and confidential. Unfortunately, sometimes tax cases can cross over into potential criminal exposure ...
Read moreUnderstanding the IRS Collection Process (Part 4)
By: Margaret Fichtner This is the last entry in our 4-part series of understanding the lifecycle of a tax controversy. In Parts 1, 2 & 3 we discussed an overview of a controversy, understanding the audit process, and also the ...
Read moreIntroduction to IRS Appeals and the U.S. Tax Court (Part 3)
By: Michael J. Tedesco, Esq. Introduction to IRS Appeals IRS Appeals is a separate branch of the IRS, whose purpose is to resolve tax controversies between the IRS and taxpayers through an informal, administrative process, fairly ...
Read moreUnderstanding Audit, Issues and Strategies (Part 2)
By: Heather L. Marello, Esq. Types of Audits Pursuant to the IRS Data Book, during calendar year 2016, the IRS audited almost 1.1 million tax returns, or 0.5% of all returns filed. A representative never can (or should) predict ...
Read moreThe Lifecycle of a Tax Controversy (Part 1)
By: Michael J. Tedesco, Esq. We find that accountants and taxpayers are often unfamiliar with certain aspects of the typical tax controversy (i.e. how a tax matter moves through assessment, Tax Court/Appeals and Collections). We ...
Read moreWHY YOU SHOULD ALWAYS PAY YOUR PAYROLL TAXES: A PRIMER ON TRUST FUND RECOVERY PENALTIES (PART 1)
By: Kevin Murphy, Esq. PART ONE When we discuss potential liability for the Trust Fund Recovery Penalty (TFRP)- I.R.C. § 6672, we often find the need to explain how payroll taxes work. Many clients, some lawyers and ...
Read moreWe are a law firm built on Experience, Vision & Trust
Whether you need tax counsel for litigation, representation before the IRS, an advocate in tax controversies, or thorough tax analysis and objective consulting, our attorneys have the experience and obtain lasting solutions.