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About Jay Allen Finn, CPA
Expertise
IRS Audits. All Collection Tax problems; specifically but not limited to, delinquent returns, bank levies, liens, garnishments of wages, Also specializing in Offer in Compromise. Limited to 1040/ personal tax issues

Experience
27 years experience as a CPA in the IRS defense area following a position as an IRS Auditor in the oil and gas industries.

Organizations
Texas Society of Certified Public Accountants (Peer Assistance Committee), Houston Chapter of the Texas Society.

Publications
Submit your articles.com

Education/Credentials
BBA - Bachelors of Business Admin., Magna cum laude, Series 6 and 68 - Registered representative, Series 65 - Financial planner.
Certified Public Accountant
 
   

You are here:  Experts > Business > Corporate Law > Tax Law (Questions About Taxes) > CA Schedule D Capital Gains Audit - Notice of Deficiency

Tax Law (Questions About Taxes) - CA Schedule D Capital Gains Audit - Notice of Deficiency


Expert: Jay Allen Finn, CPA - 7/16/2009

Question
Hello Jay,

I'm in a bit of a bind and hope you can help me out.  Around October 2008, I received a CP2000 letter of increased tax for my 2006 joint tax return.  At that time I dilligently worked on checking my schedule D form and realized there was a mistake made on my part as I mailed the IRS my re-worked schedule D.  They got back to me 6 weeks later but their numbers didn't add up to mine.

I sent information back and forth to them and they continued to make changes but still not close to what my schedule D (which I sent them 3 months ago) numbers were amounting to.  

In my April 2009 correspondance, I spoke with two different IRS folks and they both could not explain to me what their magical IRS computer was doing to certain stock transactions.  One of the ladies asked me to send in more paperwork and of course I did, she said she would take care of things giving me her direct fax and information.  

Just last week, I got a final "Notice of Deficiency" basically saying I need to file with the tax court if I wish to contest further.  I guess I'm going to have to do this but I would like to know why I cannot visit my local office in San Jose, Ca to sort this out with them, maybe there is a way to ask for this?  I spoke with their agents in April and they could not explain their own notice to me, so what am I to do.  They told me they would take care and explain things to me but I ended up getting the same CP2000 + final notice without any changes or explanations over two months later.  

My father tells me to hire and pay a tax person here to get on my side.  I would appreciate if you can offer any insight into my dilemmna.  Thank you.  

Kindly,
Alex

Answer
I think your father is right. You need an IRS specialist. They have to explain their figures and if they don't match your figures, be prepared to prove why not. If you hire someone like myself, I can go to tax court but often such a move is not necessary. Going into their office may be the worst thing you can do. However, be prepared too pay at least $500.00 in advance (if not more) for anyone to take your case, much less begin it.

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